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
Nov 1, 2023
On October 13, 2023, the Supreme Court of Canada issued its judicial reference opinion: a significant portion of Canada’s federal…
Oct 13, 2023
On September 12, 2023, the New Brunswick Court of Kings Bench sentenced a front-line supervisor who “did nothing he was required to do” to…
Sep 29, 2023
On September 21, 2023, Bill C-56, the Affordable Housing and Groceries Act, passed first reading. If passed, the Act will give developers of…
Sep 25, 2023
There’s a new scam on the web: Electronic Fund Transfer (EFT) scams. Most are familiar with established scams like phishing and ransomware and…
Sep 20, 2023
You’ve experienced a workplace accident that’s resulted in serious injury to, or worse the death of, an employee. Do you need legal counsel…
Sep 11, 2023
Owning your own business offers many opportunities. But it also carries inherent risks, including exposure to personal liability. These three…
Aug 8, 2023
We updated this publication on August 10, 2023. The Nova Scotia commercial net-metering regime just took another step toward implementation.…
Jun 23, 2023
Effective June 23, 2023, Section 45(1.1) of the Competition Act makes it a criminal offence for all unaffiliated employers to enter into…
Jun 22, 2023
Employers understand the risk that departing employees will take sensitive information, compete for customers and solicit other employees.…
May 18, 2023
Employees used to gather around the water cooler to share views on controversial issues, discuss co-workers and complain about their employer.…
May 1, 2023
While the December 2021 Bill C-223, An Act to Develop a National Framework for a Guaranteed Livable Basic Income seems to have died in both…
Apr 27, 2023
The benefits to employees, and often to employers, of remote work has made it a staple of today’s workplace. But the move to remote work…
Apr 12, 2023
The Supreme Court of Nova Scotia has made it clear that, while the burden is high, pre-emptively vacating or discharging a builders’ lien is a…
Apr 3, 2023
NOTE: On November 8, 2023, the N.B. Court of Kings Bench heard the employer's application for judicial review of the adjudicator's decision. The…
Mar 29, 2023
Immigration continues to play a key role in addressing Canada’s labour and skills shortage. Immigration, Refugees and Citizenship Canada…
Mar 27, 2023
On March 21, 2023, the Nova Scotia Minister of Health and Wellness introduced Bill 256, Patient Access to Care Act. If passed, Bill 256 will…
Mar 23, 2023
On February 15, 2023, a New Brunswick adjudicator awarded Dr. John Dornan, the suddenly dismissed CEO of N.B. Health Authority, what might be…
Mar 2, 2023
All businesses need written contracts. Determining what written contracts are essential depends on many factors, including the nature of the…
Feb 27, 2023
2022 left important lasting implications for employers. With 2023 here, it’s time to look ahead to key issues that will affect employers in…
Feb 23, 2023
Many Canadian employers continue to be challenged not only with hiring the right number of people, but with finding candidates with the right…
Jan 27, 2023
We updated this publication on July 7, 2023. Bill 24 An Act to Amend the Business Corporations Act effected significant amendments to…
Jan 26, 2023
In November 2022, the Ontario Court of Appeal definitively decided an organization whose information systems are breached by a malicious third…
Jan 25, 2023
Buzz around the potential of hydrogen as a green energy source has been growing. And the Atlantic Canadian provinces are poised to become a key…
Jan 18, 2023
Regulatory bodies across Canada are finding themselves subject to increased scrutiny in light of concerns surrounding workforce shortages,…
Jan 16, 2023
2022 is in the rearview mirror, but the past year left lasting implications for employers. Here’s a retrospective on five of the key 2022…
Dec 1, 2022
The COVID-19 pandemic drove remote work to unprecedented heights. Employee calls for greater flexibility, and cost savings for employers, have…
Nov 21, 2022
On November 10, 2022, the Supreme Court of Canada examined the interaction of arbitration and bankruptcy and insolvency proceedings, deciding a…
Nov 10, 2022
We updated this publication on August 8, 2023. October 2022 amendments to the N.S. Renewable Electricity Regulations ushered in a new…
Nov 8, 2022
The October 3, 2022, decision of the Newfoundland and Labrador Court of Appeal to dismiss the decision of the Newfoundland and Labrador Pharmacy…
Oct 28, 2022
Finally closing on October 27, 2022, the tumultuous Elon Musk/Twitter M&A deal drama has been unfolding for months, with both sides making…
Sep 15, 2022
When Prime Minister Trudeau announced that September 19, 2022 would be a National Day of Mourning for Queen Elizabeth II, the Atlantic provinces…
Jul 18, 2022
The Supreme Court of Canada’s “Jordan” framework, introducing strict timelines for determining unreasonable delay in the context of…
Jun 23, 2022
The current labour crunch is only strengthening the business case for building a workplace that’s welcoming to diverse employee pools –…
Jun 8, 2022
We updated this publication on July 28, 2023. Effective June 1, 2022, Bill 119 amended the P.E.I. Employment Standards Act to add new pay…
May 27, 2022
The COVID-19 pandemic is (arguably) gone but the pre-pandemic labour crunch - for both white and blue collar workers - is back. And there’s no…
May 20, 2022
On May 22, 2010 (affectionately known as “Bitcoin Pizza Day”), a Floridian bought two Papa John's pizzas with Bitcoin. The day is famous…
May 2, 2022
On April 14, 2022, the New Brunswick Court of Appeal released its decision in Royal Bank of Canada v. Estate of Susan Lynn Williams, revisiting…
Apr 28, 2022
The COVID-19 pandemic changed many aspects of the workplace for good – but pre-pandemic labour shortages isn’t one of them. While the…
Apr 1, 2022
While the Canada emergency response benefit (CERB) has ended, the focus on the concept of a universal or guaranteed basic income the COVID-19…
Mar 31, 2022
On March 18, 2022, the Supreme Court of Canada confirmed that an Indigenous government can still satisfy the impecuniosity requirement for an…
Mar 24, 2022
COVID-19 public health restrictions are coming to an end, even though the COVID-19 virus is not. Employers face reconstructing their workplace…
Mar 16, 2022
In February 2022, thousands of people led by a convoy of trucks (many displaying company logos) from across Canada congregated in Ottawa and…
Feb 24, 2022
As the Omicron wave wanes, and COVID-19 moves from pandemic to endemic, provincial governments have quickly pivoted to loosening – some even…
Feb 23, 2022
On April 1, 2022, changes to the Newfoundland and Labrador Corporations Act proposed in Bill 24 An Act to Amend the Corporations Act will take…
Feb 8, 2022
We updated this publication on December 15, 2022. On May 17, 2022, the P.E.I. Non-disclosure Agreements Act took effect, significantly…
Feb 3, 2022
On January 26, 2022, the British Columbia Court of Appeal extended an injunction preventing protesters from interfering with a logging…
Jan 27, 2022
Since COVID-19 vaccinations rolled out, employers have grappled with workplace COVID-19 vaccination policies, with little guidance from courts…
Jan 25, 2022
More and more people are using smart contracts: the global smart contracts market was valued at USD $145M in 2020; it’s projected to be valued…
Dec 16, 2021
We updated this publication on December 21, 2022. The name of the game is to have a plan to mitigate the risk that a data breach will happen…
Dec 14, 2021
This publication has been updated as at January 26, 2022. Since COVID-19 vaccinations rolled out, employers have been grappling with how to…
Nov 25, 2021
As COVID-19 continues, many workplaces have morphed from remote work arrangements into hybrid arrangements for many employees. By necessity,…
Nov 12, 2021
On November 4, 2021, the Supreme Court of Canada clarified the law regarding when a judgment debtor “carries on business” for the purpose of…
Nov 10, 2021
On November 5, 2021, the Province of Nova Scotia passed the Environmental Goals and Climate Change Reduction Act. The Act will serve as the…
Oct 29, 2021
The New Brunswick Reduction of Greenhouse Gas Emissions Regulation, effected under the N.B. Climate Change Act, establishes specific…
Oct 28, 2021
COVID-19 forced many employers to make temporary, and even permanent, changes to the terms of employees’ employment, from scheduling and…
Oct 27, 2021
On October 22, 2021, the Supreme Court of Canada, in Northern Regional Health Authority v. Horrocks, clarified that labour arbitrators have…
Sep 21, 2021
We updated this publication on December 14, 2022. COVID-19 has been changing Canadian workplaces for 18 months. For some employees, the…
Sep 9, 2021
We udpated this publication on March 7, 2022. The New Brunswick Construction Remedies Act, substantially came into effect on November 1,…
Aug 3, 2021
On July 29, 2021, the Supreme Court of Canada refined the test for determining when a plaintiff has discovered a claim for the purpose of a…
Jul 21, 2021
Many now agree: it’s imperative that workplaces be both diverse and inclusive. Perhaps the most often-quoted (and definitely most succinct)…
Jun 15, 2021
As of January 1, 2021, federally regulated employers (such as banks, telephone and cable systems, most federal Crown corporations,…
Jun 10, 2021
This publication has been updated as at August 27, 2021. With the COVID-19 vaccine widely available, and the COVID pandemic continuing,…
Jun 1, 2021
We updated this publication on July 22, 2021. On May 26, 2021, the Hague District Court in the Netherlands ordered Royal Dutch Shell (RDS) to…
Apr 13, 2021
On April 7, 2021, the Nova Scotia government introduced Bill 97, amendments to the N.S. Electricity Act aimed at growing the solar industry in…
Mar 31, 2021
Close to five million Canadians who didn’t usually work from home, did so in 2020 because of the COVID-19 pandemic. Even as public health…
Mar 26, 2021
Merger and acquisition deals are still happening across all sectors, perhaps at an even higher rate than pre-COVID-19 pandemic, even if the…
Mar 15, 2021
The COVID-19 Pandemic has focused more attention on the concept of a universal or guaranteed basic income that at any other time in modern…
Mar 1, 2021
The Supreme Court of Canada continues to develop and clarify the organizing principle of good faith performance in contract law. In its 2014…
Feb 16, 2021
This publication has been updated as at September 17, 2021. Employers across the country – including the federal government, some…
Jan 21, 2021
Well-drafted, properly implemented written employment contracts are a key tool to avoiding or resolving disputes during and at the end of…
Jan 20, 2021
In the first update to the CCDC 2 since 2008, in December 2020 the Canadian Construction Documents Committee (CCDC) published the CCDC 2 (2020).…
Jan 20, 2021
Termination clauses, particularly “without cause” ones, are among the most important clauses to include in any employment agreement. But the…
Jan 18, 2021
The Supreme Court of Canada, in the 2014 case of Bhasin v. Hrynew, recognized a general organizing principle of good faith performance in…
Nov 24, 2020
An economic downturn can result in an M&A uptick: there can be more attractive targets on the market, and sellers can be more motivated to…
Nov 17, 2020
We updated this publication on July 11, 2023. Spurred by the COVID-19 Pandemic and bricks-and-mortar closures, businesses – from SMEs to…
Nov 3, 2020
This publication has been updated as at July 9, 2021. For some time, every Prince Edward Island employer has been required to comply with…
Oct 19, 2020
On October 9, 2020, the Supreme Court of Canada delivered its decision in Matthews v. Ocean Nutrition Canada Ltd. on whether a former employee…
Sep 29, 2020
We updated this publication on December 22, 2022. It’s a forgone conclusion that diversity in thought and in leadership makes good business…
Aug 12, 2020
This publication has been updated as of May 5, 2021. The ongoing COVID-19 pandemic has led many employees to continue working from home, by…
Jul 6, 2020
On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller, a much-awaited decision regarding the enforceability of…
Jun 12, 2020
The financial technology (Fintech) industry uses technology to support and enhance financial and banking services.
May 14, 2020
This publication has been updated as of April 23, 2021. Employers that hire and employ temporary foreign workers must comply with many and…
May 11, 2020
McInnes Cooper partner Michael Melvin and Student-at-Law Myriam Whalen provide a detailed Legal Digest in the Spring 2020 Edition of The…
May 11, 2020
The Supreme Court of Canada recently released a much-awaited decision regarding the Companies’ Creditors Arrangement Act (CCAA). The CCAA is…
Apr 30, 2020
While the world is still reeling from ongoing COVID-19 concerns, many provinces have announced plans to relax public health restrictions put in…
Apr 20, 2020
As countries around the world grapple with the spread of COVID-19, global restrictions and containment measures have presented a range of…
Apr 15, 2020
The COVID-19 pandemic is disrupting more than Canada’s domestic workforce. It’s also disrupting Canadian employers’ access to temporary…
Mar 27, 2020
The COVID-19 novel coronavirus has evolved rapidly, and so have the workplace issues employers are facing – and the questions employers were…
Mar 12, 2020
The havoc that COVID-19 (a.k.a. “novel coronavirus” or SARS-CoV-2) is wreaking around the globe – and around workplaces – is about to…
Mar 10, 2020
The global COVID-19 (a.k.a. Coronavirus or SARS-CoV-2) outbreak has implications for many commercial relationships, its evolving nature and…
Feb 14, 2020
NOTE: On July 23, 2021, the Supreme Court of Canada agreed with the Newfoundland & Labrador Court of Appeal’s decision respecting the law,…
Feb 4, 2020
Tidal developers considering responding to the FORCE Berth D procurement now have a clearer view of just what the successful proponent will get.…
Feb 4, 2020
Canada’s construction industry is abuzz with the latest innovation in lien legislation. Prompt payment requirements are being added to…
Jan 14, 2020
On December 23, 2019, the Newfoundland and Labrador Court of Appeal effectively eliminated the category of “knowledgeable fact witness” in…
Nov 22, 2019
The Environmental Emergency Regulations, effected under section 200(1) of the Canadian Environmental Protection Act (CEPA) and in force since…
Nov 18, 2019
Effective December 1, 2019, the New Brunswick government will finally finalize the reform of N.B.’s money judgment enforcement regime with the…
Oct 10, 2019
“Do the unexpected. Take 20 minutes out of your day, do what young people all over the world are dying to do: vote.” Rick Mercer (hailing…
Sep 6, 2019
This publication has been updated as at July 9, 2021. Violence and harassment is an unfortunate reality of society – and of the workplace.…
Jun 26, 2019
Information disclosure is a key theme that emerges from Canada’s new cannabis regulatory regime: the government wants lots of information from…
Jun 5, 2019
Like it or not, Canadians live life online. More people - and more employees - are sharing more information, images and opinions with more…
May 21, 2019
We updated this publication on February 17, 2023. As of June 13, 2019, private companies incorporated under the Canada Business Corporations…
Apr 29, 2019
The growing global population is feeding global demand for seafood. Growing demand is likely to drive investment, particularly mergers and…
Apr 8, 2019
Growing a business takes people. In early days, many startups have just one “employee”: the founder. At some point, the founder might retain…
Feb 27, 2019
We updated this publication on July 9, 2021. As of April 1, 2019, employers of New Brunswick employees must comply with new occupational…
Feb 22, 2019
As of April 1, 2019, employers of New Brunswick employees must comply with new occupational health and safety law requirements specific to…
Dec 19, 2018
On December 13, 2018, the Supreme Court of Canada confirmed that a third party can’t waive a person’s right to privacy or their rights under…
Dec 18, 2018
On December 18, 2018, the maximum sentence possible for impaired driving (among other things) will increase as the result of amendments to…
Dec 13, 2018
This publication has been updated as of October 15, 2020. Canada became only the second country in the world to legalize cannabis (or…
Dec 4, 2018
On November 30, 2018, a majority of the judges of the Supreme Court of Canada decided the media doesn’t get any special protection from the…
Sep 28, 2018
Immigration is one of the key solutions to looming (and current) worker shortages in Canada. But an employer that hires a foreign worker must…
Sep 10, 2018
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…
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…
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…
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…
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…
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…
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…
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…
Jun 11, 2018
On June 6, 2018, the Supreme Court of Canada considered the test for jurisdiction over an allegedly defamatory Internet article – the…
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…
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…
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…
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…
Apr 2, 2018
Equity compensation plans are a valuable and versatile tool for many corporations, from early-stage startups to established blue-chips.…
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…
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…
Feb 20, 2018
The Canadian federal government has finally revealed how it proposes to regulate offshore renewable energy developments in federal waters. On…
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…
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…
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…
Feb 2, 2018
Many employers use written workplace policies as a day-to-day workplace management tool; common examples include attendance management policies,…
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…
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…
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…
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…
Dec 18, 2017
The answer to the question, “What’s employers’ rationale for implementing workplace drug and alcohol testing?” is pretty…
Dec 8, 2017
We updated this publication on November 23, 2023. For many people, the holiday season now upon us is a fun-filled time of the year. But for…
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…
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…
Nov 17, 2017
It’s official: as of October 31, 2017, “facilitation payments” contravene Canada’s Corruption of Foreign Public Officials Act (CFPOA).…
Nov 9, 2017
On November 3, 2017, the Newfoundland and Labrador Government published new Offshore Oil Royalty Regulations replacing the Royalty Regulations,…
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)…
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…
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…
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.…
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…
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…
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…
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…
Aug 11, 2017
After years of low interest rates, and correspondingly high solvency liabilities, there’s growing recognition that the solvency funding model…
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…
Jul 28, 2017
All stakeholders in any major project development already know that adequate consultation before - rather than after - a project is approved is…
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…
Jul 28, 2017
We udpated this publication on June 10, 2022. The rapid rise in ESG (Environment, Social and Governance) principles has increased focus on…
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…
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…
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…
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…
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…
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…
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…
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…
May 16, 2017
Recreational cannabis isn’t legal yet: Canada’s federal government has proposed legislation to legalize and regulate access to recreational…
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…
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…
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…
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…
Apr 20, 2017
On April 13, 2017, Canada’s federal government introduced legislation that, if passed into law, will legalize recreational cannabis 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…
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…
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…
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…
Mar 30, 2017
Social media platforms, like Instagram, Twitter, LinkedIn, YouTube, Facebook and GooglePlus, arguably have more followers and are more closely…
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…
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…
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…
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…
Jan 25, 2017
Doing business with the public sector creates an often overlooked – but very real – risk that the confidential information a business…
Jan 13, 2017
On January 11, 2017, Emera Inc. offered an electrifying opportunity for renewable energy developers to potentially access the New England…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
Nov 22, 2016
There is an old expression about “selling the Brooklyn Bridge”. Recently, a bankrupt subcontractor attempted to register a lien against the…
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…
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…
Nov 9, 2016
The balance between the public’s interest in accessing offshore petroleum resources data and operators’ commercial interests is at the heart…
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…
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…
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…
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…
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…
Aug 15, 2016
The standards expected of market participants are steadily increasing in response to demand to address white collar crime – including…
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…
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…
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…
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…
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…
Jun 30, 2016
As of June 25, 2016, provincially regulated workers and employers in Nova Scotia, Quebec, BC and Saskatchewan can participate in Pooled…
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…
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…
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…
Jun 10, 2016
Administrative monetary penalties, or “AMPs”, are a new phenomenon in the Canadian offshore. AMPs were introduced to the Newfoundland &…
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…
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…
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…
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…
May 2, 2016
Amendments changing the early warning reporting system take effect on May 9, 2016, provided all necessary approvals are obtained (except in…
May 2, 2016
Amendments changing the early warning reporting system take effect on May 9, 2016, provided all necessary approvals are obtained (except in…
May 2, 2016
We updated this publication on October 4, 2023. Workplace accidents regularly lead to charges under occupational health and safety (OHS) law.…
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…
Apr 12, 2016
Federal Budget 2016 proposed to significantly reduce the benefit of and access to the Small Business Deduction. The Small Business Deduction…
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…
Mar 9, 2016
On January 11, 2016, the Ontario Superior Court of Justice sentenced a front-line supervisor to imprisonment for 3½ years for four counts of…
Feb 23, 2016
Employee tardiness is a significant problem for employers - and bad weather is one of the top three reasons that employees give for it according…
Feb 15, 2016
On February 26, 2016, the bulk of the offshore-related amendments of the Energy Safety and Security Act (ESSA, formerly known as Bill C-22) take…
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…
Feb 1, 2016
We updated this publication on April 13, 2023. A well drafted and properly implemented written employment contract can be instrumental to…
Dec 21, 2015
A practical and current guide created to help you navigate the increasingly important issues surrounding offshore decommissioning and…
Dec 7, 2015
Violence has become an unfortunate reality in current society, and the workplace is not immune. With more people spending more time at work,…
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…
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…
Aug 13, 2015
The employment contract, at its core, is an exchange of work for compensation. So at a very basic level, employers are entitled to expect…
Jul 29, 2015
On July 27, 2015, the Federal Court of Canada decided a lawsuit by medical marijuana program participants against the Federal Government…
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…
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…
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…
Jun 25, 2015
We updated this publication on October 4, 2023. Most people know a company itself has occupational health and safety (OHS) obligations and…
May 25, 2015
We updated this publication on July 21, 2022. Every party to a Right of Way has some idea of what that Right of Way is – but many times,…
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…
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…
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…
Mar 3, 2015
Snow can be a big nuisance at this time of year, but snow load - the weight of the snow, usually measured in pounds per square foot - can be…
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…
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…
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…
Jan 30, 2015
In December 2014, the Newfoundland & Labrador Supreme Court ordered an employer to pay its former employee $30,000 in moral damages to…
Dec 11, 2014
On December 11, 2014 the Supreme Court of Canada continued its trend to recognize privacy rights – and develop the law to protect them –…
Dec 10, 2014
“Corporate Social Responsibility” (CSR) as a concept has been floating around in business-speak for years – but stakeholders in the mining…
Dec 5, 2014
We udpated this publication on December 11, 2020. Employers host numerous events throughout the year – summer and holiday office parties,…
Dec 1, 2014
The construction industry - project owners, contractors, subcontractors and trades - might be relaxing, ignoring the hype around Canada’s…
Nov 27, 2014
Recently, the NS Court of Appeal confirmed that a union can be certified as the bargaining agent of employees based merely on their dependence…
Nov 14, 2014
On November 13, 2014, the Supreme Court of Canada (SCC) effected a significant development in Canadian contract law by recognizing the…
Nov 3, 2014
Note: On November 20, 2014 the NS Government passed the final form of Bill 64, Limitations of Actions Act into law. The final form of the Act…
Sep 30, 2014
Effective September 1, 2014 the NB government implemented five important changes to the NB Employment Standards Act – the minimum standards…
Sep 16, 2014
This publication has been updated as at August 25, 2022. Many believe that only public companies or large, established companies with many…
Sep 9, 2014
Effective October 1, 2014, the New Brunswick Rules of Court will change – some Rules for the first time since they came into effect in 1982.…
Jul 9, 2014
On June 20, 2014 the Federal Government announced a major overhaul of Canada’s Temporary Foreign Worker Program. With stringent enforcement…
Jun 26, 2014
On June 26, 2014, in its groundbreaking decision on Aboriginal title in Read the SCC’s decision in Tsilhqot’in Nation v. B.C., 2014 SCC 44,…
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…
Apr 29, 2014
Lenders are often faced with a situation where a customer (Borrower) approaches them for funds to complete an acquisition of the shares of a…
Apr 3, 2014
On March 28, 2014 the Federal Government tabled Bill C-31 to implement the 2014 Federal Budget – including broad authority to impose cash…
Jan 21, 2014
On December 31, 2013, amendments to the Immigration and Refugee Protection Regulations and new Ministerial Instructions changing the Federal…
Nov 8, 2013
On November 7, 2013, the SCC decided police require specific authorization in a search warrant to search the data in a computer because of the…
Nov 1, 2013
Recent decisions of securities regulators and amendments to Canadian securities laws demonstrate regulators' lowered tolerance for insiders who…
Aug 28, 2013
A general security agreement (GSA) is the most common form of personal property security used in the Atlantic Provinces to secure commercial…
Jul 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…
Jun 7, 2013
In Franchise Canada’s Spring 2013 “Viewpoints” feature, McInnes Cooper franchise lawyer Michael Melvin answers this question for…
May 21, 2013
In its April 2013 decision in Re Stan, the Alberta Securities Commission provides issuers with a practical approach to the assessment of both a…
Apr 30, 2013
Note: Effective December 31, 2013, the Federal Government made additional changes to the Federal Temporary Foreign Worker Program. Click here to…
Mar 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…
Jan 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…
Nov 28, 2012
On October 19, 2012 the Supreme Court of Canada (SCC) decided that a teacher criminally charged with possession of child pornography and…
Oct 22, 2012
Mr. Cole was a high school teacher with an employer owned and issued laptop computer. He also used it for incidental personal purposes, which…
Jul 10, 2012
On March 16, 2012, the Supreme Court of Canada (“SCC”) confirmed the decision of the N.S. Court of Appeal, reinstating the N.S. Human Rights…
Jun 14, 2012
As any Canadian knows, July 1st – Canada Day – is the first long weekend of the summer; or is it? This year, July 1st falls on a Sunday. …
Mar 1, 2012
Social media represents a profound cultural shift and employers must adapt if they want to avoid unnecessarily – and potentially costly –…
Jan 5, 2012
Effective January 1, 2012, NS’s Human Rights Commission will receive, investigate and handle complaints under NS’s Human Rights Act under a…
Dec 19, 2011
In a decision with application to Atlantic Canada, the Ontario Court of Appeal found that an employer’s multiple extensions of a terminated…
Aug 6, 2011
Note: On June 14, 2013 the Supreme Court of Canada issued its decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v.…
May 6, 2011
In March 2011, the Ontario Court of Appeal found that an employee had a limited expectation of privacy in the contents of a work computer. The…
Mar 6, 2011
In the midst of a sea of change, the Federal Government has enacted Regulatory changes significantly impacting employers who hire foreign…
Oct 1, 2010
McInnes Cooper franchise lawyer Michael Melvin highlights some of the significant features of the Disclosure Documents Regulation and the…
May 31, 2010
In Franchise Canada’s May/June 2010 “Ask A Legal Expert” feature, McInnes Cooper franchise lawyer Michael Melvin answers this question for…
Mar 6, 2009
“Contamination Claims: Long Tails or Just Dogs? Practical and Legal Issues of Litigating Contaminant Slow-Leak Cases”, Cdn Journal of…
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