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Home > Our Firm > News > The Best Lawyers™ in Canada 2017
News

The Best Lawyers™ in Canada 2017

Published:

August 10, 2016

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McInnes Cooper is very pleased to have 86 of our lawyers mentioned in Best Lawyers™ in Canada for 2017. Best Lawyers® is based on an exhaustive peer-review survey (more than 41,000 leading lawyers cast almost 3.9 million votes on the legal abilities of other lawyers in their practice areas).

View a copy of the full list of our lawyers who were honoured.

In this edition, McInnes Cooper was named Law Firm of the Year for Workers Compensation Law. Best Lawyers has named the following McInnes Cooper lawyers as “Lawyer(s) of the Year”:

Marjorie A. Hickey QC – Administrative and Public Law

Van Penick – Natural Resources Law

Douglas Tupper QC – Class Action Litigation

Hugh Wright – Employee Benefits Law

Patrick E. Hurley QC – Insurance Law

Lorraine C. King QC – Corporate Law

Denis Mahoney – Labour and Employment Law

Thomas G. O’Neil QC – Construction Law

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Related Lawyers

  • Denis Mahoney

    Denis Mahoney

    Partner

  • Hugh Wright

    Hugh Wright

    Partner

  • Marjorie Hickey, QC

    Marjorie Hickey, KC

    Deputy Managing Partner

  • Van Penick

    Van Penick

    Counsel

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    As of January 2019, incorporating a limited company in N.S. will be more economical. On September 7, 2018, the N.S. government announced it’s…

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  • Sarah McInnes in workplace.ca | The Top 5 Immigration Law Facts Every HR Professional Should Know

    Sep 4, 2018

    Immigration is one of the key solutions to the looming (or in some cases, current) worker shortage in Canada. In her article, The Top 5…

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  • 3 Ways P.E.I.’s Business Corporations Act Modernized P.E.I. Corporations

    Jul 18, 2018

    This publication has been updated as at January 26, 2023. Prince Edward Island corporations were formerly governed by the P.E.I. Companies…

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  • Extended Parental Leave: What to Expect When Your Employee is Expecting

    Jul 16, 2018

    Every parent knows that a lot can happen in 18 months. Many employers agree. The federal government’s extension of employment insurance…

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    Publication
  • Dan Watt in Energy Regulation Quarterly | The Impact Assessment Act, Canadian Energy Regulator Act and Offshore Energy: A View from Atlantic Canada

    Jul 10, 2018

    If enacted, Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation…

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    Publication
  • Webinar | 5 Workplace Policy Areas to Manage Marijuana Risks

    Jun 27, 2018

    The legalization of recreational cannabis in Canada is imminent. Employers are feeling the heat to prepare – even as they continue efforts to…

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    Webinar
  • No Matter the Chatter, the Bid is the Bottom Line: N.S. Supreme Court Issues a Reminder in CF Construction v. Town of Westville

    Jun 21, 2018

    Lawyers regularly encourage clients to be proactive and discuss potential issues with third parties before they become real problems. But in the…

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    Publication
  • The More Modern & Transparent Canada Business Corporations Act (CBCA)

    Jun 12, 2018

    This publication has been updated as at July 8, 2022. Changes to the Canada Business Corporations Act (CBCA) over the past several years have…

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    Publication
  • Jurisdiction Over Internet Defamation: Same Law, Different Facts in Haaretz v. Goldhar

    Jun 11, 2018

    On June 6, 2018, the Supreme Court of Canada considered the test for jurisdiction over an allegedly defamatory Internet article – the…

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    Publication
  • Medical Marijuana, Residual Impairment & The Duty to Accommodate in Re Lower Churchill Transmission Construction Employers’ Assn. Inc. and IBEW, Local 1620 (Tizzard)

    Jun 8, 2018

    This publication has been updated as of September 28, 2020. In the last few years, many employers have been focused on preparing for and…

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    Publication
  • Accommodating Mental Disability: 5 Practical Tips

    May 11, 2018

    This article has been updated as of January 19, 2022. It can be challenging for employers to fulfill their legal duty to accommodate an…

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    Publication
  • A Lid on Medical Pot: No health Plan Coverage or Workers Compensation Benefits

    Apr 26, 2018

    The N.S. Court of Appeal has reached two decisions ending one employee’s quest for coverage of the costs of his medical marijuana – at least…

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    Publication
  • Webinar | #It’s Time: A 5-Step Sexual Harassment Risk Mitigation Strategy for Employers

    Apr 2, 2018

    Workplace sexual harassment isn’t a new issue, nor is it limited to any one industry or country – but it's one that far more women than men…

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    Webinar
  • More Valuable Than Money? The 5 Most Common Equity Compensation Plans

    Apr 2, 2018

    Equity compensation plans are a valuable and versatile tool for many corporations, from early-stage startups to established blue-chips.…

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    Publication
  • #It’s Time: A 5-Step Sexual Harassment Risk Mitigation Strategy for Employers

    Mar 29, 2018

    We updated this publication on March 11, 2020. The #metoo and #timesup movements drove workplace sexual harassment to the front and center of…

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    Publication
  • Do Something: General Contractor Liable for Failing to Disclose the Existence of Labour & Materials Bond in Valard Construction Ltd. v. Bird Construction Co.

    Feb 21, 2018

    On February 15, 2018, the Supreme Court of Canada decided a trustee’s fiduciary duty includes an obligation to inform beneficiaries of the…

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    Publication
  • Bill C-69 & The New Federal Offshore Renewable Energy Regime

    Feb 20, 2018

    The Canadian federal government has finally revealed how it proposes to regulate offshore renewable energy developments in federal waters. On…

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    Publication
  • Bill C-69 & the New Federal Impact Assessment Act: The Impact on the Role of the Canada-Nova Scotia Offshore Petroleum Board (CNSOPB) and the Canada-Newfoundland and Labrador Offshore Petroleum Board (CNLOPB)

    Feb 20, 2018

    On February 8, 2018, the Canadian federal government proposed a new Impact Assessment Act in Bill C-69, An Act to enact the Impact Assessment…

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    Publication
  • Don’t Bother Asking: Supreme Court of Canada Raises the Bar for Mandatory Injunctions in R. v. Canadian Broadcasting Corporation (CBC)

    Feb 15, 2018

    Mandatory interlocutory injunctions - court orders, made in the context of a lawsuit, that a party take positive action as opposed to refrain…

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    Publication
  • Navigating the N.S. Marine Renewable Energy Regime: What Project Developers Need to Know

    Feb 13, 2018

    The much-anticipated Nova Scotia marine renewable energy regime finally has the force of law.  First introduced over two years ago, the Nova…

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    Publication
  • Be Diligent: 5 Practical Steps to Enforceable Workplace Policies

    Feb 2, 2018

    Many employers use written workplace policies as a day-to-day workplace management tool; common examples include attendance management policies,…

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    Publication
  • Medical Cannabis Health Benefits Coverage Strategy: Key Considerations

    Jan 25, 2018

    Insurers have generally been leery of coverage for medical cannabis in both the health benefit claims and in cost of care claims in the personal…

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    Publication
  • The Legal Reality: Canadian Appeal Court decides “Virtual Presence” is enough for production order for user information against non-Canadian company in British Columbia (Attorney General) v. Brecknell

    Jan 12, 2018

    Whether a provincial court will grant police a “production order” under the Criminal Code of Canada requiring a non-Canadian company to…

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    Publication
  • Supreme Court of Canada Confirms Auditor Negligent & Liable for $40M in Livent v. Deloitte

    Dec 23, 2017

    Parents often threaten their children that if their behaviour did not improve they will get a lump of coal in their Christmas stockings. On…

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    Publication
  • Is cryptocurrency the right tool for your company to raise capital? 5 FAQs about Initial Coin Offerings (ICO)

    Dec 22, 2017

    Blockchain technology has already been a transformative force in a number of sectors. Its most prominent use to date has been as the…

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    Publication
  • Denis Mahoney & Brittany Keating in the NLCA 2018 Construction Journal | Testing 1-2-3: The latest on drug & alcohol testing in safety-sensitive workplaces

    Dec 18, 2017

    The answer to the question, “What’s employers’ rationale for implementing workplace drug and alcohol testing?” is pretty…

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    Publication
  • 5 Helpful Holiday Hints for Human Resources

    Dec 8, 2017

    This article has been updated as of December 2, 2021. For many people, the holiday season now upon us is a fun-filled time of the year. But…

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    Publication
  • Balance Between Public & Operator Interests in Offshore Petroleum Resources Data is Set

    Nov 30, 2017

    On November 30, 2017, the Supreme Court of Canada denied Geophysical Service Incorporated’s (GSI) application for leave to appeal the decision…

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    Publication
  • Canada’s Private Corporation Tax Proposals: Year End Planning in the Face of Uncertainty

    Nov 20, 2017

    October 2, 2017 marked the end of the consultation period relating to the taxation of private corporation proposals the Department of Finance…

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    Publication
  • “Facilitation Payments” to Foreign Public Officials Violates Canada’s Corruption of Foreign Public Officials Act

    Nov 17, 2017

    It’s official: as of October 31, 2017, “facilitation payments” contravene Canada’s Corruption of Foreign Public Officials Act (CFPOA).…

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    Publication
  • Newfoundland & Labrador Offshore Oil Royalty Regulations November 1, 2017: Key Changes to the Offshore Regime

    Nov 9, 2017

    On November 3, 2017, the Newfoundland and Labrador Government published new Offshore Oil Royalty Regulations replacing the Royalty Regulations,…

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    Publication
  • Supreme Court of Canada Confirms Cashing Banks Continue to Bear the Biggest Risk of Fraudulent Cheques in Teva Canada Ltd. v. TD Canada Trust

    Oct 31, 2017

    On October 27, 2017, the Supreme Court of Canada confirmed that a bank that pays out on a fraudulent cheque has the protection of section 20(5)…

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    Publication
  • Protect Your Assets: 3 Best Practices for Intellectual Property (IP) Owners

    Oct 31, 2017

    Intellectual Property (IP) can be a valuable asset – even the most valuable asset – of a business. So it’s worth making sure the business…

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    Publication
  • Proposed N.S. Marine Renewable Energy Act Amendments: New Demonstration Permit for Marine Renewable Energy in Wind & Waves

    Oct 6, 2017

    On October 5, 2017, the N.S. government took another step toward creating a globally competitive marine renewable energy industry and associated…

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    Publication
  • Charting a Course for Good Governance of Canada’s Emerging Ocean Economy | Offshore Aquaculture and Ocean-based Renewable Energy

    Sep 29, 2017

    Atlantic Canada is at a turning point. The region’s history and economic development have historically been inextricably linked to the ocean.…

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    Publication
  • No NAFTA? No Problem – For Temporary Business Travel, That Is

    Sep 22, 2017

    Canada’s most important trading relationship is – in all likelihood – about to change: the current U.S. administration has put the future…

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    Publication
  • 5 Employer “Family Status” Discrimination & Accommodation FAQs

    Sep 21, 2017

    This publication has been updated as at January 13, 2022. An increasing number of employees are struggling to meet the challenge of the…

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    Publication
  • Federal Crown’s Deemed Trust Priority for Unremitted GST/HST Survives Bankruptcy

    Aug 28, 2017

    Recently, the Federal Court of Appeal confirmed that a tax debtor’s bankruptcy does not extinguish the federal Crown’s priority to proceeds…

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    Publication
  • 5 Anti-Corruption Law Compliance Program Tips

    Aug 16, 2017

    In the not-so-distant past, Canadian enforcement of its anti-corruption and anti-bribery legal regime has been relatively laid-back. But the…

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    Publication
  • Relief is Here: N.S. Registered Defined Benefit Plans Get Temporary Solvency Funding Relief

    Aug 11, 2017

    After years of low interest rates, and correspondingly high solvency liabilities, there’s growing recognition that the solvency funding model…

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    Publication
  • Proposed Changes to Business Income Tax Rules: A Gamechanger for Private Business Owners

    Aug 4, 2017

    On July 18, 2017, Canada’s Minister of Finance released proposed changes to the Income Tax Act (Canada) that, if implemented, will mark one of…

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    Publication
  • Crown Can Rely on National Energy Board to Fulfill its Duty to Consult

    Jul 28, 2017

    All stakeholders in any major project development already know that adequate consultation before - rather than after - a project is approved is…

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    Publication
  • Federal Human Rights Law: No Gender Identity or Expression Discrimination

    Jul 28, 2017

    This publication has been updated as of October 14, 2020. On June 19, 2017, Bill C-16, An Act to amend the Canadian Human Rights Act and the…

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    Publication
  • Take Pride @ Work: 5 Ways Employers Can Support Gender Diversity

    Jul 28, 2017

    This publication has been updated as at June 10, 2022.  The rapid rise in ESG (Environment, Social and Governance) principles has increased…

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    Publication
  • Steering clear of personal liability for oppression: Supreme Court of Canada offers guidance to corporate leaders in Wilson v. Alharayeri

    Jul 17, 2017

    A corporation does not always sail in calm or safe waters. Cash shortages, unattainable or unmet goals, Board disagreements over the best course…

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    Publication
  • Jack Graham in Canadian Lawyer InHouse: Deconstructing the Workplace

    Jul 13, 2017

    More employees are seeking flexible work arrangements as a new way of working to better juggle their family and personal responsibilities. In…

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    Publication
  • Growing Your Business: 3 Structuring Solutions

    Jul 13, 2017

    When growing your business, you face many decisions, including choosing the business structure that is right for you. Your legal team can be…

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    Publication
  • Go Global @ Home: Supreme Court of Canada Confirms Global Order to Remove Internet Content in Google Inc. v. Equustek Solutions Inc.

    Jun 28, 2017

    On June 28, 2017, the Supreme Court of Canada confirmed a Canadian court can issue an interlocutory injunction (an order requiring an entity or…

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    Publication
  • Like it or Not: Supreme Court of Canada decides class action against Facebook can go ahead in B.C. – despite its terms of use in Douez v. Facebook, Inc.

    Jun 23, 2017

    On June 23, 2017, the Supreme Court of Canada decided that in a contest between the choice of forum clause in Facebook’s online terms of use…

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    Publication
  • Supreme Court of Canada Puts Insurers on Notice in Saadati v. Moorhead: Proof of a Recognized Psychiatric Injury is Not a Precondition to Recovery

    Jun 5, 2017

    On June 2, 2017, the Supreme Court of Canada decided that where a plaintiff advances a claim for negligently caused psychological or psychiatric…

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    Publication
  • Canada v. Mikisew Cree First Nation: Court to Decide Whether Duty to Consult Also Applies Before Legislation is Enacted

    May 26, 2017

    On May 19, 2017, the Supreme Court of Canada agreed to hear the appeal of the Federal Court of Appeal’s 2016 decision in Canada v Mikisew Cree…

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    Publication
  • 5 Key Steps for a Proper Workplace Investigation

    May 19, 2017

    Investigations are a vital - but difficult - part of workplace management. The value of a proper investigation can’t be overstated: it plays a…

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    Publication
  • Bradley Proctor in the Workplace Environment Health & Safety Reporter

    May 16, 2017

    Recreational cannabis isn’t legal yet: Canada’s federal government has proposed legislation to legalize and regulate access to recreational…

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    Publication
  • Anti-Corruption Law Exposes Payments to Governments Under Extractive Sector Transparency Measures Act

    May 11, 2017

    The Extractive Sector Transparency Measures Act is one of several anti-bribery and anti-corruption laws aimed at fighting corruption in the…

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    Publication
  • Appeal Court Maintains Balance Between Public & Operator Interests in Offshore Petroleum Resources Data

    May 1, 2017

    NOTE: On November 30, 2017, the Supreme Court of Canada denied Geophysical Service Incorporated’s (GSI) application for leave to appeal the…

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    Publication
  • Better Late than Never: N.S. Government Enacts Early Release of Holdback Regulations

    Apr 28, 2017

    On April 24, 2017, the N.S. Government issued regulations that will finally allow the Builders’ Lien Act amendments permitting early release…

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    Publication
  • Estate Planning in the Age of Medical Assistance In Dying (MAID)

    Apr 21, 2017

    In three years (lightning speed in the law), medically assisted dying went from being illegal to being legal. A great deal has changed, a great…

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    Publication
  • Cannabis Legalization in Canada: Seeds have sprouted, but the branches are still bare

    Apr 20, 2017

    On April 13, 2017, Canada’s federal government introduced legislation that, if passed into law, will legalize recreational cannabis in Canada.…

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    Publication
  • Nip it in the Bud: A 5 Step Plan for Employers to Prepare for Cannabis Legalization in Canada

    Apr 17, 2017

    Recreational cannabis isn’t legal yet - but much of the associated stigma is already gone, usage is up and employers are feeling the workplace…

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    Publication
  • Daniel Watt and Sara Mahaney in Gard Update: Legal privilege in the corporate context in Canada

    Apr 6, 2017

    Adding a third jurisdiction to Gard Update’s comparison between privilege in the corporate context under U.S. and English law, McInnes Cooper…

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    Publication
  • Register Before You Lobby in N.B. under Lobbyists’ Registration Act

    Apr 5, 2017

    NOTE: Consultants who were already lobbying and in-house lobbyists already employed by an organization when the new Act took effect were…

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    Publication
  • Go Deep: How International Legal Reform Can Prevent Legal Uncertainty from Hindering Offshore Wind & Aquaculture Growth

    Mar 31, 2017

    Legal uncertainty is never a good thing for industry: it’s a barrier to investment, and thus an adversary to growth. Unfortunately, the law is…

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    Publication
  • 5 Steps for Compliant Disclosure on Social Media

    Mar 30, 2017

    Social media platforms, like Instagram, Twitter, LinkedIn, YouTube, Facebook and GooglePlus, arguably have more followers and are more closely…

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    Publication
  • Information Technology (IT) Contracts: 3 Key Lessons for Customers & Service Providers

    Mar 30, 2017

    There are very few examples of a Canadian court interpreting and opining on the provisions of an information technology contract. So the Ontario…

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    Publication
  • Dust Off Your Limitation Defence: Court of Appeal Doesn’t Apply Extended Limitation Period in Yarmouth (District) v Nickerson

    Mar 15, 2017

    On March 9, 2017, the N.S. Court of Appeal stopped building inspection claims in their tracks when it decided that a defence based section…

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    Publication
  • The Atlantic Immigration Pilot Program (AIPP): 5 Key Opportunities & Risks for Employers

    Feb 22, 2017

    On January 1, 2022, the Atlantic Immigration Pilot Program became the permanent Atlantic Immigration Program (AIP). Learn more at From Pilot to…

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    Publication
  • 12 Key Do’s & Don’ts of Hiring & Firing

    Jan 31, 2017

    We updated this publication on April 5, 2023. The hiring process and the termination process are equally important stages of the employment…

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    Publication
  • Confidentiality Risks of Doing Business With the Public Sector Just Got Riskier: Completed NS Access to Information Requests Go Online

    Jan 25, 2017

    Doing business with the public sector creates an often overlooked – but very real – risk that the confidential information a business…

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    Publication
  • The Atlantic Link: 5 Key Questions About the Electrifying Opportunity to Connect to a New Renewable Energy Market

    Jan 13, 2017

    On January 11, 2017, Emera Inc. offered an electrifying opportunity for renewable energy developers to potentially access the New England…

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    Publication
  • The Top Three Atlantic Canada Offshore Legal Developments of 2016

    Dec 20, 2016

    As 2016 draws to a close, Oil & Gas Team @ McInnes Cooper offers its picks for the top three legal developments of 2016 that impacted the…

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    Publication
  • Newfoundland & Labrador’s New Public Procurement Act

    Dec 19, 2016

    On December 14, 2016, Bill 46 and the Newfoundland and Labrador Public Procurement Act became law. The new Act isn’t yet in effect, however,…

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    Publication
  • Time to Shine: Nova Scotia to Launch Solar Energy Pilot Program in 2017

    Dec 15, 2016

    On December 13, 2016, the Province of Nova Scotia released for comment draft regulations that will establish the Solar for Community Buildings…

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    Publication
  • Supreme Court of Canada Speaks on the Rectification of Transactions

    Dec 14, 2016

    On December 9, 2016, the Supreme Court of Canada clarified when a court can rectify a transaction that has had unintended tax consequences for…

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    Publication
  • 5 Employer FAQs About Religious Accommodation @ Work

    Dec 13, 2016

    Employers’ legal duty to accommodate employees seems to most frequently come up in the context of employees with disabilities. But that duty…

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    Publication
  • 10 Steps to Anticipate Citizens’ Challenges to New Developments

    Dec 7, 2016

    Recently, the Nova Scotia Supreme Court denied a motion for a temporary stay of proceedings to prevent the deployment of certain tidal devices…

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    Publication
  • Newfoundland & Labrador: A New Public Procurement Act for 2017

    Dec 5, 2016

    It’s been a long time coming, but Newfoundland and Labrador is finally getting new public procurement legislation. On November 29, 2016, Bill…

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    Publication
  • Supreme Court of Canada Says Privilege Wins Again – Twice in Lizotte v. Aviva Insurance Company of Canada & Alberta (Information and Privacy Commissioner) v. University of Calgary

    Nov 28, 2016

    On November 25, 2016, the Supreme Court of Canada decided privilege wins again - twice. In two separate decisions - Lizotte v. Aviva Insurance…

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    Publication
  • Supreme Court of Canada Warns Judgment Creditors: Implied Consent is Enough to Disclose Discharge Statement in Royal Bank of Canada v. Trang

    Nov 22, 2016

    On November 17, 2016 the Supreme Court of Canada decided a mortgagee has the mortgagor’s implied consent to disclose its discharge statement…

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    Publication
  • This Bridge is not for (Lien) Sale: N.S. Court decides Macdonald Bridge Cannot be Liened in Certification Coating Specialists v. Cherubini et.al.

    Nov 22, 2016

    There is an old expression about “selling the Brooklyn Bridge”. Recently, a bankrupt subcontractor attempted to register a lien against the…

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    Publication
  • Businessperson or “Business Visitor”: Canada’s Business Visitor Visa Rules

    Nov 22, 2016

    Canada’s most important trading relationship might undergo some change with the results of the 2016 U.S. election. Facilitating cross-border…

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    Publication
  • The 5 Key Elements of an Attendance Management Program (AMP)

    Nov 15, 2016

    The employment contract is an exchange of labour for wages and other benefits, so employers are entitled to expect regular ongoing attendance…

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    Publication
  • Public & operator interests in offshore petroleum resources data: Where will the balance be struck? in Geophysical Service Incorporated (GSI) v. Encana Corporation

    Nov 9, 2016

    The balance between the public’s interest in accessing offshore petroleum resources data and operators’ commercial interests is at the heart…

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    Publication
  • 3 Key Employment Law Steps to Take Now to Help You Sell Later

    Oct 19, 2016

    Business owners wear many hats – including employer. Your employees may be your business’s greatest asset, but they could also be your…

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    Publication
  • Uber Angst: Employees & Independent Contractors in the Sharing Economy

    Sep 29, 2016

    Whether someone is an employee or an independent contractor has long caused employers a degree of angst. And the recent emergence of a new…

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    Publication
  • NB Court Clarifies Mortgage Lenders’ Rights on Default: 5 Steps for NB Mortgage Lenders to Consider

    Sep 23, 2016

    On September 15, 2016, the New Brunswick Court of Appeal clarified the province’s statutory regime governing both the exercise of a lender’s…

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    Publication
  • Supreme Court of Canada Decides Indian Bands Assessing Leased Reserve Lands for Property Tax Purposes Can’t Have it Both Ways in Musqueam Indian Band v. Musqueam Indian Band (Board of Review)

    Sep 12, 2016

    On September 9, 2016, the Supreme Court of Canada decided in Musqueam Indian Band v. Musqueam Indian Band (Board of Review) that an Indian band…

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    Publication
  • Limitation Periods: Avoiding Hitting the Reset Button in Tuck v. Supreme Holdings

    Aug 17, 2016

    The Newfoundland and Labrador Court of Appeal recently affirmed the test for confirming a cause of action and thus resetting a limitation period…

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    Publication
  • Ontario Follows Suit With Securities Act Changes Tightening the Belt on Insider Trading Regulation

    Aug 15, 2016

    The standards expected of market participants are steadily increasing in response to demand to address white collar crime – including…

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    Publication
  • Deciding Between Federal & Provincial Incorporation: 5 Key Considerations

    Aug 9, 2016

    This publication has been updated as at January 27, 2023. A key legal decision in starting or growing your business is choosing the…

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    Publication
  • Supreme Court of Canada Sticks With Presumptive Jurisdiction Tests for Forum Non-Conveniens in Lapointe Rosenstein Marchand Melançon LLP v. Cassels Brock & Blackwell LLP

    Jul 19, 2016

    On July 15, 2016 the Supreme Court of Canada, in a long-awaited decision, resisted the invitation to re-write the traditional rules for the…

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    Publication
  • No Union? No Problem: Supreme Court of Canada Decides Canada Labour Code Bars Dismissal of Non-Unionized Employees Without Cause in Joseph Wilson v. Atomic Energy of Canada

    Jul 15, 2016

    On July 14, 2016, the Supreme Court of Canada decided that the “Unjust Dismissal” sections of the Canada Labour Code ensure that…

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    Publication
  • DFO Decides “Last In, First Out” Policy (LIFO) is Out

    Jul 7, 2016

    On July 6, 2016, the Federal Department of Fisheries and Ocean’s (DFO) accepted the Ministerial Advisory Panel (MAP) recommendation in the…

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    Publication
  • Municipal Liability for ByLaw Enforcement: A Bylaw’s Not a Bylaw in Vlanich v. Typhair

    Jul 5, 2016

    The Ontario Court of Appeal has re-ignited the discussion about when a municipality will be held liable for its shoddy bylaw enforcement…

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    Publication
  • NS Dives into Pooled Registered Pension Plans (PRPP)

    Jun 30, 2016

    As of June 25, 2016, provincially regulated workers and employers in Nova Scotia, Quebec, BC and Saskatchewan can participate in Pooled…

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    Publication
  • Common Ground: Retail & Commercial Condominium Financing

    Jun 30, 2016

    The condo real estate market, both retail and commercial, is hot. But condo developers and unit buyers need funding. Here’s the legal…

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    Publication
  • Label Delicate: Workplace Dress Codes Test & Tips

    Jun 29, 2016

    Employers are entitled to mandate dress codes in the workplace, and even to discipline employees who refuse to comply. But a workplace dress…

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    Publication
  • The Parameters of Municipal Power: Supreme Court of Canada Decides Municipality Can’t Block Radiocommunication Tower Construction

    Jun 17, 2016

    In its June 16, 2016 decision in Rogers Communications Inc. v. Châteauguay (City), the Supreme Court of Canada decided a municipality’s…

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    Publication
  • FAQs About AMPs (Administrative Monetary Penalties) in the Canadian Offshore

    Jun 10, 2016

    Administrative monetary penalties, or “AMPs”, are a new phenomenon in the Canadian offshore. AMPs were introduced to the Newfoundland &…

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    Publication
  • Supreme Court of Canada Decides Income Tax Act Sections are Unconstitutional – and Strengthens Solicitor-Client Privilege in Canada (Attorney General) v. Chambre des notaires du Québec & Canada (National Revenue) v. Thompson

    Jun 6, 2016

    On June 3, 2016, the Supreme Court of Canada, in two related decisions, strengthened the legal protection of solicitor-client privilege in…

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    Publication
  • Newfoundland & Labrador Crown Immunity for Mechanics’ Lien Holdbacks: 3 Key Risks for Subcontractors in Brook Construction (2007) v. Blackwood Contractors Ltd.

    May 24, 2016

    It’s now certain: in Newfoundland & Labrador, liens can’t be placed on Crown land or holdbacks with the possible exemption allowing for…

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    Publication
  • A Red Flag for Municipalities & Developers: Supreme Court of Canada Decides Not Every Positive Covenant Under a Development Agreement Runs With the Land in Heritage Capital Corp. v. Equitable Trust Co.

    May 10, 2016

    On May 6, 2016, the Supreme Court of Canada generally affirmed the common law rule that positive covenants do not run with the land. More…

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    Publication
  • A Penalty by Any Other Name: Supreme Court of Canada Says Interest Rate Increase Triggered by Default, Whatever It’s Called, Infringes the Interest Act in Krayzel Corp. v. Equitable Trust Co.

    May 9, 2016

    On May 6, 2016, the Supreme Court of Canada decided that a mortgage imposing a higher interest rate in the event of default and reserving a…

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    Publication
  • 5 Key Changes to Early Warning Reporting System Effective May 9, 2016

    May 2, 2016

    Amendments changing the early warning reporting system take effect on May 9, 2016, provided all necessary approvals are obtained (except in…

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    Publication
  • New Early Warning Reporting System Exemptions for Certain Securities Lending Arrangements Effective May 9, 2016

    May 2, 2016

    Amendments changing the early warning reporting system take effect on May 9, 2016, provided all necessary approvals are obtained (except in…

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    Publication
  • The OHS Due Diligence Defence: 5 FAQs

    May 2, 2016

    We updated this publication on May 8, 2023. “Due diligence” is a legal defence to many charges under occupational health and safety (OHS)…

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    Publication
  • Supreme Court of Canada Decides Federal Government Has Legislative Authority Over Métis & Non-Status Indians

    Apr 19, 2016

    On April 14, 2016, the Supreme Court of Canada decided that Métis and “non-status Indians” are “Indians” under section 91(24) of the…

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    Publication
  • The Small Business Deduction: Key Proposed Changes & Strategic Solutions

    Apr 12, 2016

    Federal Budget 2016 proposed to significantly reduce the benefit of and access to the Small Business Deduction. The Small Business Deduction…

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    Publication
  • Doing Business With the Public Sector: Key Confidentiality Risks & 3 Risk Management Strategies

    Mar 24, 2016

    When a business responds to a public sector Request for Proposal or Expression of Interest (both of which we’ll refer to as an RFP for these…

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    Publication
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    Mar 9, 2016

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    Feb 23, 2016

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    Feb 15, 2016

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  • NB Kicks-off First Request for Expressions of Interest from Aboriginal Businesses Under New Electricity from Renewable Resources Regulation

    Feb 1, 2016

    On January 29, 2016, the New Brunswick Power Corporation (NB Power) kicked-off compliance with its obligations under the new Electricity from…

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  • The Top 12 Employment Contract Terms

    Feb 1, 2016

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  • Offshore Oil and Gas Decommissioning Best Practices

    Dec 21, 2015

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  • New Kid on the Block: Crowdfunding Joins Traditional Equity-Based Funding Options for Startups & SMEs

    Oct 19, 2015

    Access to sufficient capital to fund operations, research and development, and other costs is a key challenge for start-ups and for some small…

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  • University of Calgary, The School of Public Policy Research Paper – Canada, The Law of the Sea Treaty and International Payments: Where Will the Money Come From?

    Sep 8, 2015

    The United Nations Convention on the Law of the Sea requires parties, of which Canada is one, to make payments in respect of oil production on…

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  • 10 of the Top Employers’ Attendance Management Problems

    Aug 13, 2015

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  • A Glimpse Into The Future of Privacy Law: Medical Marijuana Privacy Breach Class Action Lawsuit Can Go Ahead in John Doe and Suzie Jones v. Her Majesty the Queen

    Jul 29, 2015

    On July 27, 2015, the Federal Court of Canada decided a lawsuit by medical marijuana program participants against the Federal Government…

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  • Bad Faith & Production of an Insurer’s Business Information: 4 Key Implications of the NB Court of Appeal’s Decision in Wade v. Wawanesa Ins. Co.

    Jul 21, 2015

    On July 16, 2015, the New Brunswick Court of Appeal ordered an insurer to produce a significant amount of its financial and business information…

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  • The Changing Face of Aboriginal Law: 1 Short Year, 2 Big Court Decisions, 3 Key Implications for the Energy & Natural Resources Sector

    Jul 17, 2015

    On the heels of National Aboriginal Day, we pause to take a look back at two significant Aboriginal law cases decided in the last year, how…

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  • Unproven Aboriginal Rights Enough For Lawsuit Against Private Industry

    Jul 10, 2015

    On April 15, 2015, British Columbia’s Court of Appeal confirmed that First Nations can make certain legal claims grounded in Aboriginal rights…

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  • 3 Reasons for Directors, Officers & Supervisors To Take OHS Personally

    Jun 25, 2015

    We updated this publication on May 9, 2023. Most people know a company itself has occupational health and safety (OHS) obligations and risks…

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  • Tread Carefully: 10 Considerations for Right of Way Agreements

    May 25, 2015

    This publication has been updated as at July 21, 2022. Every party to a Right of Way has some idea of what that Right of Way is – but many…

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  • SCC Gives Municipalities (& Other Government Authorities) 3 Reasons Not to Say A Little Prayer in Mouvement laïque québécois v. Saguenay (City)

    Apr 15, 2015

    On April 15, 2015 the Supreme Court of Canada decided the City of Saguenay’s recitation of a religious - though non-denominational – prayer…

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  • 5 FAQs About Workplace Sex Discrimination

    Mar 31, 2015

    This publication has been updated as at June 24, 2021. Women make up close to half of the employed workforce: in 2019, Canadian women 15…

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  • The Value of Hindsight – 3 Steps to Help Financial Advisors Avoid Client Claims and Complaints

    Mar 30, 2015

    Hindsight is 20/20. Lawyers can’t always predict the outcome of a legal claim. But when a dispute between an investment client and her…

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  • More than a Mere Nuisance – 5 Snow Loading FAQs

    Mar 3, 2015

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  • Final Form of New NS Limitation of Actions Act: “Sudden Death” Limitation is Out for Personal Injury Claims

    Feb 18, 2015

    The new NS Limitations of Actions Act – the legislation that determines the limitation period (time limit) in which a lawsuit must be started…

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  • 5 Hot Tips to Help Employers Handle Office Romances

    Feb 13, 2015

    This publication has been updated as at January 26, 2022. With people spending so many of their waking hours at or connected to work these…

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  • Charter Protects the Right to Strike

    Feb 2, 2015

    On January 30, 2015 the Supreme Court of Canada decided that the Canadian Charter of Rights and Freedom’s protection for freedom of…

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  • Bad Faith & Unfair Dealing in Employee Dismissal: 7 Lessons in 7 Years

    Jan 30, 2015

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  • Privacy in Basic Cell Phones: SCC Continues Trend of Privacy Protection in R. v. Fearon

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    On December 11, 2014 the Supreme Court of Canada continued its trend to recognize privacy rights – and develop the law to protect them –…

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  • 5 “Legal” Reasons Why Natural Resource Companies Should Care About Corporate Social Responsibility (CSR)

    Dec 10, 2014

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  • 5 Tips to Manage Employer (Social) Host Liability

    Dec 5, 2014

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    Dec 1, 2014

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  • Egg Films Epilogue: 5 Key Implications of NS Union Certification Based on “Industry” Dependence

    Nov 27, 2014

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  • Thou Shalt Not Lie: SCC Recognizes New Duty of Honesty in Contract Law in Bhasin v. Hrynew

    Nov 14, 2014

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  • NS Proposes New Limitation of Actions Act: The 3 Top Benefits & The 10 Key Changes

    Nov 3, 2014

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    Sep 16, 2014

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  • Changes to NB Rules of Court Effective October 1, 2014 Benefit Successful Party

    Sep 9, 2014

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  • Canada’s Temporary Foreign Worker Program Overhaul

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  • SCC Sets Test for – and Defines Rights of – Aboriginal Title in Canada

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  • Court Orders Feds to Reconsider Canadian Forces Housing Compensation Policy in Brauer v. The Queen

    May 26, 2014

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    Jan 21, 2014

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  • Privacy in Computer Contents: Supreme Court of Canada Picks Up Where It Left Off in R. v. Vu

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  • General Security Agreements: Tips & Traps

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