Team Members ()

Publications ()

News ()

Pages ()

Services ()

  • Our Team

    Our Team

    • Lawyers & Clerks
    • Leadership Team
    • Board of Directors
    • Human Resources
    • Marketing & Business Development
    • Paraprofessional Services
  • Our Services

    Our Services

    • Service Areas
      • Aboriginal and Indigenous Law
      • Administrative Law
      • Agribusiness
      • Banking and Financial Services
      • Bankruptcy and Insolvency
      • Business Disputes
      • Business Immigration
      • Class Actions
      • Construction Law
      • Corporate and Business
      • Corporate Finance and Securities
      • Corporate Governance and Compliance
      • Cross-Border Law
      • Education Law
      • Environmental Law
      • Estates and Trusts
      • Foreign Direct Investment
      • Franchise Law
      • Health Law
      • Insurance
      • Intellectual Property
      • Labour and Employment
      • Litigation
      • Maritime Law
      • Media & Entertainment
      • Municipal Law
      • P3 and Infrastructure
      • Pensions and Benefits
      • Privacy, Data Protection and Cyber Security
      • Public Law
      • Real Estate
      • Regulation of Professions
      • SISIP LTD Allowances Class Action
      • Tax
      • Technology
      • View All
    • Industries
      • Cannabis
      • Construction & Property Development
      • Energy & Natural Resources
      • Financial Services
      • Government & Institutions
      • Insurance
      • Manufacturing, Processing & Sales
      • Mining
      • Ocean Economy
      • Private Clients
      • Startups & High Growth Companies
      • Technology
      • View All
    • More Services
      • MC Advisory
      • MC Legal Lab
  • Our Insights
  • Our Firm

    Our Firm

    • Our Values
    • Our History
    • Our Global Reach
    • Our News
    • Diversity & Inclusion
    • Collective Social Responsibility
    • Environmental Stewardship
    • Pro Bono Program
  • Our Careers

    Our Careers

    • Lawyer Opportunities
    • Business Professional Opportunities
    • Paralegal & Legal Assistant Opportunities
    • Summer Student & Articling Opportunities
    • Diversity & Inclusion
    • Collective Social Responsibility
  • 1.866.439.6246
  • Contact
  • Search
  • Stay Updated
  • Contact Us
  • LexMundi World Ready
  • Privacy Policy
  • http://linkedin.com
  • http://facebook.com
  • http://twitter.com
  • 1.866.439.6246
Home > Our Insights > Daniel Watt and Sara Mahaney in Gard Update: Legal privilege in the corporate context in Canada
Publications

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

Published:

April 6, 2017

Author(s):

  • Daniel Watt, Partner at McInnes Cooper
  • Sara Mahaney, Former Lawyer at McInnes Cooper

Share

Print

Adding a third jurisdiction to Gard Update’s comparison between privilege in the corporate context under U.S. and English law, McInnes Cooper lawyers Daniel Watt and Sara Mahaney’s Letter to the Editor – Legal privilege in the corporate context in Canada, as published in Gard Update, April 2017, explain that in Canada, solicitor-client privilege in the corporate context more closely resembles U.S. law than it does English law.

Share

Print
View Related Content

Related Lawyers

  • Daniel Watt

    Daniel Watt

    Partner

Related Services

  • Cross-Border Law
  • Corporate and Business
  • Privacy, Data Protection and Cyber Security

Related Industries

  • Energy & Natural Resources
  • Insurance

Related Publications

View All Publications
  • Canada’s New Consumer Privacy Protection Act (CPPA): 12 PIPEDA Differences

    Jun 30, 2022

    On June 16, 2022, the federal government took a second shot at a complete overhaul of the private sector privacy law regime that both protects…

    Read More
    Publications
  • Court Rules in Favour of Non-Indigenous Interests in Lucrative Elver Fishery

    Jun 24, 2022

    The New Brunswick Court of Queen’s Bench has issued a court order to stop Indigenous fishers (all apparently members of the Wolastoqey Nation)…

    Read More
    Publications
  • Aquaculture Regulatory Decisions: The Critical Role of Industry Engagement

    Jun 6, 2022

    The Federal Court’s April 22, 2022 decision in Mowi Canada West Inc. v. Canada (Fisheries, Oceans and Coast Guard) has implications for the…

    Read More
    Publications
  • Should You Incorporate Your Cryptocurrency Activity? 6 Crypto Taxation FAQs

    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…

    Read More
    Publications
  • NL Court Confirms Role of Jurisdiction in Injury Damages Calculation

    Apr 18, 2022

    On March 28, 2022, the Supreme Court of Newfoundland and Labrador (General Division) decided that in a personal injury case, quantification of…

    Read More
    Publications
  • Fatal Accident Claims: An Atlantic Canada Update

    Mar 29, 2022

    The Supreme Court of Canada’s recent consideration of estoppel and waiver in the context of a fatal injury case in Trial Lawyers Association…

    Read More
    Publications
  • N.L. Corporations Act: 3 Key Changes Effective April 1, 2022

    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…

    Read More
    Publications
  • Appeal Court Confirms Key Role of Courts & Injunctions to Resolve Disputes

    Feb 3, 2022

    On January 26, 2022, the British Columbia Court of Appeal extended an injunction preventing protesters from interfering with a logging…

    Read More
    Publications
  • Smart Contracts & Automated Contracts: 5 FAQs

    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…

    Read More
    Publications
  • 6 (Liability) Reasons to Mitigate Your Privacy & Data Breach Risks

    Dec 16, 2021

    The name of the game is to have a plan to mitigate the risk that a data breach will happen - but be ready when it does. According to the…

    Read More
    Publications
  • Court Puts Brakes on Estoppel Claim: 3 Insurer Take-Aways

    Nov 23, 2021

    On November 19, 2021, in Trial Lawyers Association of British Columbia v. Royal & Sun Alliance Insurance Company of Canada, the Supreme…

    Read More
    Publications
  • NS Environmental Goals & Climate Change Reduction Act: In Pursuit of Sustainable Prosperity

    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…

    Read More
    Publications
  • NB Greenhouse Gas (GHG) Emissions Reduction Regulation: 5 Key Obligations

    Oct 29, 2021

    The New Brunswick Reduction of Greenhouse Gas Emissions Regulation, effected under the N.B. Climate Change Act, establishes specific…

    Read More
    Publications
  • Slippery Snowbanks & Municipal Liability: When is a Policy Not a Policy?

    Oct 29, 2021

    On October 21, 2021, the Supreme Court of Canada clarified the law concerning the circumstances in which government organizations - including…

    Read More
    Publications
  • Webinar | Growing Out Atlantic Canada’s Aquaculture Industry

    Oct 19, 2021

    Canada’s aquaculture industry is poised for growth but that growth is being challenged by regulatory uncertainty and a lack of confidence…

    Read More
    Publications
  • Aviva Insurance v. PK Construction: Words Come First When Interpreting Insurance Policy

    Sep 23, 2021

    On September 9, 2021, the Nova Scotia Court of Appeal released its decision in Aviva Insurance v. PK Construction Ltd. Dealing with Nova…

    Read More
    Publications
  • Hiring a Foreign Company to Provide Services in Canada? 3 Immigration Issues

    Jul 27, 2021

    Canadian entities regularly contract with foreign companies to provide services in Canada. To complete its obligations under the contract, the…

    Read More
    Publications
  • Dutch Court Orders Corporation to Reduce Emissions in Landmark Decision

    Jun 1, 2021

    This publication has been updated as at July 22, 2021. On May 26, 2021, the Hague District Court in the Netherlands ordered Royal Dutch Shell…

    Read More
    Publications
  • The N.S. Shared Solar Energy Program: 3 Key Facts

    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…

    Read More
    Publications
  • Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District: 3 Tips to Exercise Contractual Discretion in Good Faith

    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…

    Read More
    Publications
  • 5 Key Privacy FAQs for Startups & Growing Businesses

    Jan 26, 2021

    This publication has been updated as of March 4, 2022. Privacy is critical to every business in every sector, including startups and growing…

    Read More
    Publications
  • The Indigenous Right to a Moderate Livelihood: A Need for Clarity

    Jan 20, 2021

    This publication has been updated as at August 4, 2021. 2020 was a year filled with challenges, including in the relationship between…

    Read More
    Publications
  • C.M. Callow Inc. v. Zollinger: 3 Tips to Honestly Exercise Contract Rights

    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…

    Read More
    Publications
  • 10 Ways Canada’s Consumer Privacy Protection Act (CPPA) Will Impact Privacy Practices

    Nov 19, 2020

    This publication has been updated as at June 30, 2022. NOTE: On June 16, 2022, the Government of Canada introduced Bill C-27:  Digital…

    Read More
    Publications
  • Canadian Governance Diversity Disclosure Obligations: Get on Board

    Sep 29, 2020

    This publication has been updated as of June 30, 2022. Recent incidents in Canada and the U.S. have impinged that the impact of systemic…

    Read More
    Publications
  • Top 5 Legal Considerations When Launching a FINTECH Startup

    Jun 12, 2020

    The financial technology (Fintech) industry uses technology to support and enhance financial and banking services.

    Read More
    Publications
  • Predicting the Claims Landscape Post COVID-19

    Jun 11, 2020

    New types of claims will emerge while insurers may see an evolution or even decrease in the traditional types. Here are the types of claims and…

    Read More
    Publications
  • Michael Melvin in The Franchise Voice | Legal Digest (Spring 2020)

    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…

    Read More
    Publications
  • Callidus Capital Corp: Policing CCAA Proceedings

    May 11, 2020

    The Supreme Court of Canada recently released a much-awaited decision regarding the Companies’ Creditors Arrangement Act (CCAA). The CCAA is…

    Read More
    Publications
  • Coping with COVID-19: The Impact on Contractual Performance in the Energy and Natural Resources Sector

    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…

    Read More
    Publications
  • Coping with COVID-19: Assessing Travel Insurance Claims

    Apr 17, 2020

    The global and domestic spread of COVID-19 has forced Canadians to reassess their upcoming travel plans – and insurers to assess their travel…

    Read More
    Publications
  • Coping with COVID-19: 3 Legal Remedies for Contractual Liability Risks

    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…

    Read More
    Publications
  • Bailey v. Temple: NL Appeal Court Cautions You Don’t Get More Release Than You Bargained For

    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,…

    Read More
    Publications
  • N.S. Battens Down Marine Renewable Energy Power Purchase Agreement (PPA)

    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.…

    Read More
    Publications
  • Compton v. Toyota: N.L. Appeal Court Eliminates the Expert Fact Witness

    Jan 14, 2020

    On December 23, 2019, the Newfoundland and Labrador Court of Appeal effectively eliminated the category of “knowledgeable fact witness” in…

    Read More
    Publications
  • N.S. Appeal Court Confirms Future Wage Loss Calculated on Gross Basis in MacDonald v. MacVicar

    Nov 22, 2019

    On November 20, 2019, the Nova Scotia Court of Appeal confirmed pursuant to section 113BA(1) of Nova Scotia’s Insurance Act, in the context of…

    Read More
    Publications
  • 5 Key Requirements of Canada’s Federal Environmental Emergency Regulations

    Nov 22, 2019

    The Environmental Emergency Regulations, effected under section 200(1) of the Canadian Environmental Protection Act (CEPA) and in force since…

    Read More
    Publications
  • Toward More Transparency: 3 More Key Changes to the Canada Business Corporations Act (CBCA)

    Sep 12, 2019

    Public companies incorporated under the Canada Business Corporations Act (CBCA) escaped the new “register of individuals with significant…

    Read More
    Publications
  • “Register for Individuals with Significant Control”: 5 Key Facts CBCA Corporations Need to Know to Comply

    May 21, 2019

    As of June 13, 2019, private companies incorporated under the Canada Business Corporations Act (CBCA) must prepare and maintain a register of…

    Read More
    Publications
  • What the Privacy Commissioner’s New PIPEDA “Meaningful Consent” Guidelines Mean for Organizations

    Mar 28, 2019

    Organizations subject to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) – those that collect, use or…

    Read More
    Publications
  • What did you expect? Supreme Court of Canada’s highly nuanced “expectation of privacy” analysis in R. v. Jarvis

    Feb 20, 2019

    On February 14, 2019, the Supreme Court of Canada decided yet another criminal law decision that will likely have broader ramifications for…

    Read More
    Publications
  • Future-Focused: N.S. Appeal Court Confirms Future CPP Disability Benefits Are Deductible from Future Income Loss Awards in MVA Claims in Holland v. Sparks

    Jan 21, 2019

    On January 18, 2019, the Nova Scotia Court of Appeal rendered its unanimous (5-0) decision in Holland v. Sparks, overturning a motion decision…

    Read More
    Publications
  • Privacy Interest in Personal Computer Contents: Supreme Court of Canada Confirms Ownership Isn’t 9/10 of the Law in R. v. Reeves

    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…

    Read More
    Publications
  • N.S. Court Decides Future Wage Loss Calculated on Gross – Not Net – Basis in MacDonald v. MacVicar

    Oct 25, 2018

    NOTE: On November 20, 2019, the Nova Scotia Court of Appeal upheld the trial court’s decision and confirmed pursuant to section 113BA(1) of…

    Read More
    Publications
  • N.S. Court of Appeal Offers 5 Key Insights into the new N.S. Limitations Act’s Saving Provision in Barry v. Halifax (Regional Municipality)

    Oct 12, 2018

    On October 11, 2018, the Nova Scotia Court of Appeal released its first decision considering the saving provision in Section 12 of Nova…

    Read More
    Publications
  • Incorporating a Business? Incorporating in N.S. Will Soon Be More Attractive

    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…

    Read More
    Publications
  • Digital Privacy Act Mandatory Data Breach Response Obligations: 5 Key Focus Areas For Your Compliance Plan

    Aug 20, 2018

    Every organization subject to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) -  every organization that…

    Read More
    Publications
  • The Digital Privacy Act: 5 FAQs About the Mandatory Data Breach Response Obligations Effective November 1, 2018

    Aug 3, 2018

    As of November 1, 2018, organizations in Canada subject to the Personal Information Protection and Electronic Documents Act (PIPEDA) will face…

    Read More
    Publications
  • 3 Ways the New P.E.I. Business Corporations Act Will Modernize Prince Edward Island Corporations

    Jul 18, 2018

    P.E.I. corporations are currently governed by the P.E.I. Companies Act – legislation that’s substantially unchanged since it was enacted in…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • The Evolving Duty to Consult Indigenous Peoples: N.S. Court Recognizes a “Duty of Enforcement Consultation” in R. v. Martin

    Jun 29, 2018

    The Crown’s duty to consult Indigenous Peoples has evolved considerably since the Supreme Court of Canada’s first detailed articulation of…

    Read More
    Publications
  • Defining the Boundaries: Protecting Privacy & Privilege of Digital Content @ the Canadian Border

    Jun 13, 2018

    Businesspeople (and their legal counsel) are on the road more than ever before: according to Statistics Canada, while Canada-U.S. traffic is…

    Read More
    Publications
  • 3 Key Changes Modernize the Canada Business Corporations Act (CBCA)

    Jun 12, 2018

    The Canada Business Corporations Act (CBCA) is catching up with the times. On May 1, 2018, amendments to the CBCA proposed in Bill C-25, An Act…

    Read More
    Publications
  • A N.S. First: Extended Earning-Replacement Benefits are Deductible from N.S. Section B Weekly Income Replacement Benefits in McLean v. Portage La Prairie Mutual Insurance Company

    May 11, 2018

    On May 8, 2018, for the first time, the Nova Scotia Supreme Court has ruled on the deductibility of Workers’ Compensation Board Extended…

    Read More
    Publications
  • N.S. Appeal Court puts a Lid on medical Pot: No health plan coverage & no workers compensation benefits in Canadian Elevator Industry Welfare Trust Fund v. Skinner & Skinner v. Nova Scotia (Workers’ Compensation Appeals Tribunal)

    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…

    Read More
    Publications
  • The Feds Finally Take the Plunge: 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…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • Williams Lake Indian Band v. Canada: Crown Breached Fiduciary Duty to Indigenous Community – in 1858

    Feb 8, 2018

    Over the past 15 years, most of the Supreme Court of Canada’s decisions respecting Indigenous Peoples in Canada have revolved around the…

    Read More
    Publications
  • The Dope on Medical Cannabis Health Benefits: Key Considerations for a Coverage Strategy

    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…

    Read More
    Publications
  • How the Pros Get Into Canada: 5 FAQs About the NAFTA Professional Work Permit

    Jan 18, 2018

    The future of the North American Free Trade Agreement (NAFTA), including NAFTA’s immigration-related provisions allowing cross-border mobility…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • A Lump of Coal for Christmas: Supreme Court of Canada Confirms Auditor Negligent & Liable for $40 Million 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…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • It’s Official: “Facilitation Payments” to Foreign Public Officials Violates Canada’s Corruption of Foreign Public Officials Act (CFPOA)

    Nov 17, 2017

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

    Read More
    Publications
  • 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,…

    Read More
    Publications
  • Supreme Court of Canada Tackles Freedom of Religion & the Duty to Consult in Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations)

    Nov 7, 2017

    On November 2, 2017, the Supreme Court of Canada was faced with the Ktunaxa Nation’s claim that a Ministerial decision to approve a project…

    Read More
    Publications
  • Canada Has Other Fish to Fry Between NAFTA Negotiation Rounds: CETA Provisionally Effective September 21, 2017

    Oct 11, 2017

    The fourth round of NAFTA negotiations is set to start on October 11, 2017. But in the meantime, the Canada-European Union Comprehensive…

    Read More
    Publications
  • New N.S. Demonstration Permit for Marine Renewable Energy in the Wind (and the Waves) With Proposed Marine Renewable Energy Act Amendments

    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…

    Read More
    Publications
  • 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.…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • Cross-Border Caution: 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…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • Clyde River (Hamlet) v. Petroleum Geo Services Inc. and Chippewas of the Thames First Nation v. Enbridge Pipelines Inc.: 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…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • Making Waves: What CETA means for Atlantic Canadian Fisheries

    Jul 11, 2017

    The Canada-European Union Comprehensive Economic Trade Agreement (CETA) is making waves in Canada, and for good reason: it casts the net of…

    Read More
    Publications
  • Watching Your Claims Go Up In Smoke? Five Key Medical Cannabis Cost of Care Considerations

    Jul 10, 2017

    The legal landscape of cannabis (a.k.a. marihuana, weed, pot …) is changing, both reflecting - and contributing to - more relaxed attitudes…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • An Early Canada (Anti Spam Legislation) Day Gift! CASL Private Right of Action Repealed

    Jun 7, 2017

    On June 7, 2017, the federal government repealed the regulations that would have brought into effect the sections of Canada’s Anti Spam…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • All in the Family: The Family Shareholders’ Agreement

    May 25, 2017

    The family (whatever that looks like for you) is the fundamental unit of our society, and the family business a fundamental cog of our economy.…

    Read More
    Publications
  • Northern Exposure: Anti-Corruption Law Exposes Payments to Governments Under Extractive Sector Transparency Measures Act (ESTMA)

    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…

    Read More
    Publications
  • Are Future CPP Disability Benefits Deductible? N.S. Court of Appeal Says Yes in Motor Vehicle Accident Claims in Tibbetts v. Murphy

    May 3, 2017

    On May 2, 2017, the N.S. Court of Appeal decided another case involving the deductibility of CPP disability benefits – but this time, in the…

    Read More
    Publications
  • Appeal Court maintains balance between public & operator interests in offshore petroleum resources data in Geophysical Service Incorporated (GSI) v. Encana Corporation

    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…

    Read More
    Publications
  • 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.…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • McInnes Cooper in the Maritimes Energy Association’s Member News | Go Deep: How International Legal Reform Can Prevent Legal Uncertainty from Hindering Offshore Wind & Aquaculture Growth

    Apr 4, 2017

    Legal uncertainty is a barrier to investment, and thus an adversary to growth. Unfortunately, when it comes to new and innovative technologies…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • Follow These 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…

    Read More
    Publications
  • Information Technology (IT) Contracts: 3 Key Lessons for Customers and Service Providers in Atos v Sapient

    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…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • Cyber Security: A 5-Step Data Breach Risk Mitigation Plan for Corporate Boards & Directors

    Feb 24, 2017

    This publication has been updated as of December 16, 2021. Many organization (66%) store the personal information of customers. employees,…

    Read More
    Publications
  • It’s Settled: SCC says Future CPP Disability Benefits Are Not Deductible Under SEF 44 Endorsement in Sabean v. Portage La Prairie Mutual Insurance Co.

    Jan 30, 2017

    On January 27, 2017, the Supreme Court of Canada decided in Sabean v. Portage La Prairie Mutual Insurance Co. that future CPP disability…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • Canadians With U.S. Connections: Key Cross-Border Estate Planning Strategies

    Jan 20, 2017

    Connections between Canadians and the U.S. have never been as numerous or transparent as they are now: many Canadians own U.S. property, have…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • The law of unintended consequences: Supreme Court of Canada speaks on the rectification of transactions in Jean Coutu Group (PJC) Inc. v. Canada (Attorney General) and Canada (Attorney General) v. Fairmont Hotels Inc.

    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…

    Read More
    Publications
  • Keeping It Flowing: 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…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • Supreme Court of Canada Gives a Lesson in Insurance Contract Interpretation in Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co.

    Sep 19, 2016

    On September 15, 2016, the Supreme Court of Canada decided certain damage to a building under construction was covered under the relevant…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • 5 Key Considerations When Deciding Between Federal & Provincial Incorporation

    Aug 9, 2016

    A key legal decision in starting or growing your business is choosing the business structure that’s right for you. If you incorporate,…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • Weigh Now or Weight Later: New Cargo Container Verified Gross Mass (VGM) Rules Effective July 1, 2016

    Jun 20, 2016

    As of July 1, 2016, packed cargo containers to which the International Convention for the Safety of Life at Sea (SOLAS), Chapter VI, Regulation…

    Read More
    Publications
  • Realtor Risk Management: 10 Practical Tips to Help Realtors Manage Litigation Risk

    Jun 20, 2016

    Real estate vendors and purchasers have high expectations of their realtors – and they don’t often hesitate to pursue legal action against…

    Read More
    Publications
  • The Parameters of Municipal Power: Supreme Court of Canada Decides Municipality Can’t Block Radiocommunication Tower Construction in Rogers Communications Inc. v. Châteauguay (City)

    Jun 17, 2016

    On June 16, 2016, the Supreme Court of Canada decided a municipality’s “notice of reserve”, a mechanism to prevent construction, on land…

    Read More
    Publications
  • 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 &…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • Assertion of Aboriginal Right Does Not Automatically Confer Eligibility to Appeal a Regulatory Approval in O’Chiese First Nation v. Alberta Energy Regulator

    Jun 6, 2016

    On June 2, 2016, the Supreme Court of Canada denied an Alberta First Nation’s request to appeal the Court of Appeal’s dismissal of its bid…

    Read More
    Publications
  • The East Coast Duty to Consult Indigenous Peoples

    Jun 6, 2016

    Each Provincial government is under the legal duty to consult; the manner in which each carries out its legal duty to consult differs depending…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • The Legal Defence of Due Diligence: Top 5 FAQs

    May 2, 2016

    “Due diligence” is a legal defence to many charges under occupational health and safety (OHS) laws. Here are five of the most…

    Read More
    Publications
  • The New Nova Scotia Mineral Resources Act: The Good, The Risky & The Neutral

    Apr 21, 2016

    On April 15, 2016, Bill No. 149, The Mineral Resources Act (2016) (2016 Act), passed its second reading in the NS House of Assembly. Although…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • From Watershed Decision to Watershed Law: Government Proposes Physician-Assisted Dying Law in Bill C-14 An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying)

    Apr 15, 2016

    On April 14, 2016, Canada’s federal Justice Minister proposed legislation setting out the conditions that a person wishing to undergo…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • Construction Project Manager Sentenced to 3½ Years for Workplace Accident in R. v. Vadim Kazenelson (aka “Metron”)

    Mar 9, 2016

    In what appears to be the first case of the conviction of a front line supervisor under section 217.1 of the Criminal Code and sentencing to a…

    Read More
    Publications
  • Energy Safety and Security Act (ESSA) Effective February 26, 2016: 7 Key Changes Toughen Up Atlantic Offshore and North Oil & Gas Regulatory Regime

    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…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • Doe 464533 v. D.: Business Implications of the Civil Privacy Claim for “Public Disclosure of Private Facts”

    Jan 27, 2016

    On January 21, 2016, the Ontario Superior Court of Justice dramatically expanded the scope of legal privacy protection – and the liability…

    Read More
    Publications
  • Ontario Court Provides Guidelines to Balance Privacy Rights & “Tower Dumps” in R v. Rogers Communications

    Jan 18, 2016

    On January 14, 2016, the Ontario Superior Court decided that Canadians have a clear privacy interest in their records of their cellular…

    Read More
    Publications
  • Offshore Oil and Gas Decommissioning Best Practices

    Dec 21, 2015

    A practical and current guide created to help you navigate the increasingly important issues surrounding offshore decommissioning and…

    Read More
    Publications
  • Canada’s Anti-Spam Legislation (CASL): The Top 3 Lessons Businesses Can Learn from Year 1

    Sep 29, 2015

    The anti-spam sections of Canada’s Anti-spam Legislation (CASL) took effect on July 1, 2014 amidst hype, controversy and dire warnings. Were…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • Unproven Aboriginal Rights Enough For Lawsuit Against Private Industry in Saik’uz First Nation and Stellat’en First Nation v. Rio Tinto Alcan Inc.

    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…

    Read More
    Publications
  • 3 Reasons for Directors, Officers and Supervisors To Take Occupational Health and Safety Personally

    Jun 25, 2015

    Most people know that a company itself has OHS obligations, and that it risks corporate liability if it violates those obligations. However, not…

    Read More
    Publications
  • Nova Scotia Goes Its Own Way: Future CPP Disability Benefits Deductible Under SEF 44 in Portage Le Prairie Mutual Insurance Company v. Sabean and Hallett

    Jun 8, 2015

    On June 4, 2015, the NS Court of Appeal decided the value of future CPP disability benefits is deductible under the SEF 44 family protection…

    Read More
    Publications
  • The New NS Missing Persons Act: 5 Privacy Implications for Businesses, Organizations & Public Bodies

    Jun 2, 2015

    Effective April 22, 2015 the NS Government enacted the NS Missing Persons Act, lowering the threshold for police to get an order to access…

    Read More
    Publications
  • The Export/Import Journey: 3 Key Ways Choosing a Free Trade Agreement Country Can Simplify the Trip

    Apr 2, 2015

    The market for the sale and the supply of goods is a global one for many businesses in today’s economy. Both exporting goods from Canada and…

    Read More
    Publications
  • Wait a Minute Mr. Postman … 3 Lessons Health Canada’s Privacy Breach Delivers to the Private Sector

    Mar 25, 2015

    On March 3, 2015 Canada’s Privacy Commissioner determined that Health Canada breached privacy laws by mailing letters to over 40,000 Marihuana…

    Read More
    Publications
  • No Messing Around – $1.1M First Penalty for Canada’s Anti-Spam Legislation (CASL) Violations by Compu-Finder

    Mar 6, 2015

    On March 5, 2015, the Canadian Radio and Television Commission (the CRTC, the main agency charged with administering and enforcing most of CASL)…

    Read More
    Publications
  • 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…

    Read More
    Publications
  • No More Criminalization of Physician-Assisted Dying: The Ripple Effects of A Watershed Decision in Carter v. Canada (Attorney General)

    Feb 9, 2015

    NOTE: On April 14, 2016, the federal government proposed legislation setting out the conditions that a person wishing to undergo…

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

    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 –…

    Read More
    Publications
  • Canada’s Anti-Spam Legislation (CASL) Software Installation Sections: 10 FAQs

    Dec 11, 2014

    On January 15, 2015, the software provisions of Canada’s Anti-Spam Legislation (CASL) will take effect.  CASL’s anti-spam sections, touted…

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

    Dec 10, 2014

    “Corporate Social Responsibility” (CSR) as a concept has been floating around in business-speak for years – but stakeholders in the mining…

    Read More
    Publications
  • Complying with Canada’s Anti-Spam Legislation (CASL): A blueprint for the construction industry

    Dec 1, 2014

    The construction industry - project owners, contractors, subcontractors and trades - might be relaxing, ignoring the hype around Canada’s…

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

    Nov 14, 2014

    On November 13, 2014, the Supreme Court of Canada (SCC) effected a significant development in Canadian contract law by recognizing the…

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

    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…

    Read More
    Publications
  • Complying With Canada’s Anti-Spam Legislation (CASL): Protecting Directors & Officers from Personal Liability

    Oct 14, 2014

    CASL’s anti-spam sections came into force on July 1, 2014. Every organization that CASL affects should now be complying with it – and their…

    Read More
    Publications
  • The Top 5 Corporate Governance Best Practices That Benefit Every Company

    Sep 16, 2014

    Many believe that only public companies or large, established companies with many shareholders need to be concerned about, or can benefit from,…

    Read More
    Publications
  • Canadian Treaty Shopping Proposal Shelved Pending Final OECD Recommendation, First To Be Released September 16

    Sep 11, 2014

    The Canadian federal government has been concerned for some time about “treaty shopping” by non-residents – the practice of non-residents…

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

    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.…

    Read More
    Publications
  • Complying With Canada’s Anti-Spam Law (CASL) – Foreign Organizations Doing Business in Canada Need to Pay Attention

    Aug 1, 2014

    Most Canadians have heard about Canada’s Anti-Spam Legislation (CASL): we’ve been bombarded with “CASL Compliant” emails asking us to…

    Read More
    Publications
  • SCC Sets Test for – and Defines Rights of – Aboriginal Title in Canada in Tsilhqot’in Nation v. B.C.

    Jun 26, 2014

    On June 26, 2014, in a groundbreaking decision on Aboriginal title, the Supreme Court of Canada (SCC) significantly elaborated on the legal test…

    Read More
    Publications
  • SCC Protects Internet Users’ Expectation of Privacy In Online Activities in R. v. Spencer

    Jun 16, 2014

    On June 13, 2014 the Supreme Court of Canada decided that Canadians have a reasonable expectation of privacy in their online activities, and…

    Read More
    Publications
  • Counting Down to Canada’s Anti-Spam Legislation (CASL) – The Last Minute Guide to Preparing For CASL

    Jun 12, 2014

    The countdown to CASL is almost over: there are only 13 business days until the anti-spam provisions of CASL – and most of the penalties for…

    Read More
    Publications
  • Counting Down to Canada’s Anti-Spam Legislation (CASL) –10 Steps to Prepare for CASL

    May 8, 2014

    On July 1, 2014 – less than two months from now - the anti-spam sections of Canada’s Anti-Spam Legislation (CASL) take effect. Individuals…

    Read More
    Publications
  • What’s In The Pipe? Municipal Liability for Flood and Sewage Back-Up Claims

    May 2, 2014

    April showers bring … flood and sewage back-up claims. Flooding and sewage back-up can result in significant damage for municipal ratepayers,…

    Read More
    Publications
  • Counting Down to Canada’s Anti-Spam Legislation (CASL) – Does CASL Make You A “Spammer”?

    Apr 15, 2014

    The countdown to CASL is on: on July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (“CASL”) take effect. Individuals…

    Read More
    Publications
  • NS Workers’ Compensation Board Issues New Policy for Psychological Injury Claims

    Apr 7, 2014

    On March 31, 2014 the NS Workers’ Compensation Board (WCB) issued a new policy applicable to its adjudication of psychological injury claims…

    Read More
    Publications
  • Cloud Computing: A Privacy FAQ

    Mar 19, 2014

    As organizations turn to cloud computing services, ensuring compliance with legislation and reducing privacy risks is key. In Canada, there is…

    Read More
    Publications
  • Counting Down to Canada’s Anti-Spam Legislation (CASL): 10 Reasons Why You Should Care About The Upcoming CASL Right Now

    Feb 28, 2014

    On July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (aka “CASL”) will take effect. CASL is: Broad. It applies…

    Read More
    Publications
  • Counting Down to Canada’s Anti-Spam Legislation (CASL) – What You Need to Know Now

    Feb 28, 2014

    On July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (aka “CASL”) take effect. CASL will apply to just about every…

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

    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…

    Read More
    Publications
  • Legal Update: Risky Trading – Insiders and Potential M&A’s

    Nov 1, 2013

    Recent decisions of securities regulators and amendments to Canadian securities laws demonstrate regulators' lowered tolerance for insiders who…

    Read More
    Publications
  • General Security Agreements – Tips and Traps

    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…

    Read More
    Publications
  • Franchise Questions: What do I need to know about moving into new markets?

    Jun 7, 2013

    In Franchise Canada’s Spring 2013 “Viewpoints” feature, McInnes Cooper franchise lawyer Michael Melvin answers this question for…

    Read More
    Publications
  • Supreme Court of Canada Confirms Employees May Have a Limited Reasonable Expectation of Privacy In Work Computer in R. v. Cole

    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…

    Read More
    Publications
  • Legal Alert: SCC Finds Limited Reasonable Expectation of Privacy In Work Computer But Evidence Still Admissible

    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…

    Read More
    Publications
  • Ontario Court of Appeal Finds Reasonable Expectation of Privacy in Work Computer

    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…

    Read More
    Publications
  • Legal Update: Cloud Computing and Privacy FAQ

    Apr 7, 2011

    Note: Click here to read an updated version of this Legal Update in Cloud Computing: A Privacy FAQ as seen in as seen in CCCA Magazine, Spring…

    Read More
    Publications
  • A Closer Look at the Regulations Under the New Brunswick Franchises Act

    Oct 1, 2010

    McInnes Cooper franchise lawyer Michael Melvin highlights some of the significant features of the Disclosure Documents Regulation and the…

    Read More
    Publications
  • What are electronic disclosure documents and why and how may they be used?

    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…

    Read More
    Publications

Stay Updated

Subscribe to McInnes Cooper to stay current with our leading insights on legal updates, trends, news, events, and services.

Connect With Us:
  • Follow us on Twitter @mcinnescooper
  • Like us on Facebook @mcinnescooperlaw
  • Join us on LinkedIn @mcinnes-cooper
  • 1.866.439.6246
  • Privacy Policy
  • Copyright © 2022 — McInnes Cooper
Lex Mundi Logo MC Advisory Logo