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Administrative Law
Administrative Law

With more and more decisions being made by government authorities, boards and tribunals, we know our clients need a legal team that thoroughly understands the world of administrative decision-makers.

 

Our team regularly works with our public and private sector clients to provide advice on complex regulatory issues, drafting and interpreting governing legislation and by-laws, and give insight into the decision-making environment.

 

Among the areas covered by our Administrative Law practice are:

Peter Rogers, Q.C., Practice Group Leader

Nova Scotia & Saint John
NS: 902.444.8446
NB: 506.635.2232
peter.rogers@mcinnescooper.com

Legal Alert: Court Orders Feds to Reconsider Canadian Forces Housing Compensation Policy in Brauer v. The Queen
May 26, 2014

On May 23, 2014 the Federal Court of Canada decided the Federal Treasury Board Secretariat’s interpretation of the policy for compensating Canadian Forces members who lose money on the sale of a house due to a posting was unreasonable.   McInnes Cooper’s Dan Wallace represented Canadian Forces Major Marcus Brauer in the first Canadian court

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Legal Alert: NB Government Throws Directors of NB Employers a Life Preserver
December  6, 2013

On December 3, 2013 the NB Government introduced a Bill that will, if passed into law, offer a life preserver to current and former directors of NB employers concerned about their personal liability for unpaid wages.   Bill 21 – An Act to Amend An Act to Amend the Employment Standards Act would amend Chapter

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Legal Alert: Environmental Contamination – SCC Says When In Doubt … Report
October 17, 2013

On October 17, 2013 the SCC decided a contractor breached Ontario’s environmental protection legislation by failing to report its discharge of contaminant into the natural environment to the Ministry of Environment.  The SCC’s decision was based on the specific wording of the Ontario environmental protection legislation.  However, it delivered two key messages about how courts

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Legal Alert: SCC Opens the Door to Compound Interest – and Bigger Awards – in Commercial Arbitrations
October  7, 2013

On October 4, 2013 the Supreme Court of Canada decided whether an arbitrator under provincial commercial arbitration legislation has the power to award commercial rates of compound – rather than merely simple – interest.  In British Columbia (Forests) v. Teal Cedar Products Ltd., the SCC found that an arbitrator acting under the BC commercial arbitration

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Legal Alert: NB Government Revisiting Personal Director Liability for Unpaid Wages
October  3, 2013

Note: On December 3, 2013 the NB Government introduced Bill 21 to amend Chapter 13. Chapter 13 was never made effective, but would amend the NB Employment Standards Act to impose personal liability on directors of NB employers. Click here to read McInnes Cooper’s December 6, 2013 Legal Alert, “NB Government Throws Directors of NB

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Legal Alert: SCC Confirms Marine Liability Act Does Not Oust Workers Compensation Bar
August  6, 2013

On August 2, 2013, the Supreme Court of Canada confirmed that workers’ compensation legislation still bars an injured worker (or his dependents, if the accident was fatal) from suing an employer with respect to the injury (or fatality) when:   the federal Marine Liability Act applies; and a worker is injured or killed in a

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Legal Update: Director Overboard – Directors of NB Employers To Be Personally Liable for Unpaid Wages
July 19, 2013

Note: On December 3, 2013 the NB Government introduced Bill 21 to amend Chapter 13. Chapter 13 was never made effective, but would amend the NB Employment Standards Act to impose personal liability on directors of NB employers. Click here to read McInnes Cooper’s December 6, 2013 Legal Alert, “NB Government Throws Directors of NB

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Legal Update: Privacy Trumps Safety As SCC Strikes Down Employer’s Mandatory Random Alcohol Testing Policy
July  2, 2013

On June 14, 2013, the Supreme Court of Canada’s decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd  unanimously confirmed that in weighing two fundamental -  and at times contradictory – workplace interests, privacy trumps safety: an employer cannot unilaterally adopt a mandatory random alcohol testing policy for

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Legal Update: The Duty to Consult: Important Lessons from Canada’s Mining Sector
March 15, 2013

Recent developments in Ontario and Yukon are an important reminder of the practical implications of the Crown’s legal Duty to Consult with First Nations on exploration rights granted to the mining industry under provincial laws. Resource and energy sector companies operating in Canada should learn a lesson from the Ontario and Yukon experience:  blind reliance on

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Legal Update: Moore v. British Columbia (Education): Students with Learning Disabilities Have a Right to Education Comparable to that of the General Student Population
January  8, 2013

On November 19, 2012, the Supreme Court of Canada (SCC) unanimously ruled a B.C. public school system’s failure to provide adequate and meaningful access to education to a student with severe dyslexia was discriminatory. The SCC found, based on the applicable BC legislation, that:   “education” is a service customarily available to the public; and

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McInnes Cooper Litigation Lawyer Dan Wallace on Court Order that Feds Reconsider Canadian Forces Housing Compensation Policy
September 16, 2014

Read what McInnes Cooper Litigation Lawyer Dan Wallace has to say about the Federal Court of Canada’s decision that the Federal Treasury Board Secretariat’s interpretation of the policy for compensating Canadian Forces members who lose money on the sale of a house due to a posting was unreasonable in The Lawyers Weekly’s June 20, 2014

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Court Orders Feds to Reconsider Canadian Forces Housing Compensation Policy
May 26, 2014

On May 23, 2014 the Federal Court of Canada decided the Federal Treasury Board Secretariat’s interpretation of the policy for compensating Canadian Forces members who lose money on the sale of a house due to a posting was unreasonable.   McInnes Cooper’s Dan Wallace represented Canadian Forces Major Marcus Brauer in the first Canadian court

... Read More
Wendy Johnston, QC, wins Constance R. Glube Award
November  9, 2011

Monday, October 31, 2011   Congratulations to Wendy Johnston, QC, the winner of this year’s Constance R. Glube CBA Spirit Award.   The CBA held their third annual event on Friday, Oct. 29, recognizing “those who demonstrate CBA spirit through outstanding effort and contribution to women in law.”   Wendy was singled out for this

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