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
      • ESG (Environmental, Social, & Governance)
      • Estates and Trusts
      • Environmental Law
      • 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
      • Emerging & High Growth Companies
      • Energy & Natural Resources
      • Financial Services
      • Government & Institutions
      • Insurance
      • Manufacturing, Processing & Sales
      • Mining
      • Ocean Economy
      • Private Clients
      • Technology
      • View All
    • More Services
      • MC Advisory
      • MC Legal Lab
  • Our Insights
  • Our Firm

    Our Firm

    • Our Values
    • Our History
    • Our Representative Work
    • Our Global Reach
    • Our News
    • Diversity & Inclusion
    • Collective Social Responsibility
    • 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 > 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)
Publication

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)

Published:

April 15, 2016

Author(s):

  • Ryan Baxter
  • Marjorie Hickey, KC
  • Jane O’Neill, KC

Share

Print

On April 14, 2016, Canada’s federal Justice Minister proposed legislation setting out the conditions that a person wishing to undergo medical-assisted dying must meet. The result of a unanimous landmark 2015 Supreme Court of Canada decision in Carter v. Canada (Attorney General) striking down the legal ban on physician-assisted dying, Bill C-14 An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying) is the government’s first cut at legislation defining medical assistance in dying, the eligibility criteria to access it and the safeguards around it. The Bill doesn’t, however, explicitly deal with several issues, including access to medical-assisted dying by “mature minors” or people suffering from mental illness and whether people can put in place advance directives respecting access to medically assisted death. The government has committed to appointing an independent body to evaluate some of these outstanding issues – but only after it meets the June 6, 2016 deadline to have a new law on physician-assisted dying in place. And just as the Supreme Court’s decision striking down the criminalization of physician-assisted dying had a broad ripple effect, so too will Bill C-14 and any subsequent amendments to it; members of the healthcare, healthcare planning, estate planning, life insurance, disability insurance and health insurance professions will be carefully assessing the impact of Bill C-14 and watching closely for further clarification.

Here are the key elements of Bill C-14.

“Medical assistance in dying”. The Bill defines “medical assistance in dying”, the new terminology to describe physician-assisted dying, as:

  • The administration of a substance by a medical practitioner or authorized nurse practitioner that causes the person’s death.
  • The prescription or provision of substance by medical practitioner or authorized nurse practitioner that the person self-administers to cause her death.

5 Eligibility criteria. An individual can only access medical assistance in dying if she meets all of these five criteria:

  • She is eligible for health services funded by a government in Canada. The Bill effectively excludes individuals not funded under Canada’s health care system; thus citizens from other countries can’t travel to Canada for the procedure.
  • She is at least 18 years of age and capable of making decisions with respect to individual health. Significantly, the Bill excludes individuals under the age of 18, precluding “mature minors” from accessing medical assistance in dying.
  • She has a “grievous and irremediable medical condition” (as the Bill defines it).
  • She makes a voluntary request.
  • She gives informed consent.

“Grievous and irremediable medical condition”. The Bill defines an individual as having a grievous and irremediable medical condition – one of the mandatory criteria to access medical assistance in dying – if she meets all of the following four conditions:

  • She has a serious and incurable illness, disease or disability.
  • She is in an advanced state of irreversible decline in capacity.
  • The medical condition causes enduring physical or psychological suffering that is intolerable to her.
  • Natural death is reasonably foreseeable.

Safeguards. To protect patients, the Bill includes five safeguards before a medical practitioner or nurse practitioner provides a patient with medical assistance in dying:

  • Two written independent medical opinions confirming the patient meets all of the eligibility criteria.
  • A request from the patient in writing (or by proxy if the patient can’t write) signed before two independent witnesses.
  • The patient must be informed of her right to withdraw the request at any time.
  • A 15-day waiting period between the date the request is written and the date on which the medical assistance in dying is provided (unless death or loss of capacity is imminent); this reflection period is intended to prevent patients from making a rash decision after receiving a terminal diagnosis.
  • Express consent must be confirmed immediately before medical assistance in dying is provided.

Criminal liability exemptions. The Bill removes the possibility of prosecuting any of the following people for assisting an individual to die in accordance with it:

  • Doctor.
  • Nurse practitioner.
  • Pharmacist.
  • A person who aids a medical practitioner or nurse practitioner.
  • Another person who aids a patient to self-administer the relevant substance.

However, a medical practitioner or nurse practitioner who, in providing medical assistance in dying, knowingly fails to comply with any of the safeguards is guilty of an offence and is liable to imprisonment.

Federal benefits. No loss of federal pensions and benefits would result from medical assistance in dying.

Areas for future review. The government has committed to appointing an independent body to evaluate some outstanding issues not explicitly dealt with in the Bill, including whether the legislation could cover mature minors, individuals who only suffer from mental illnesses and the use of advance directives that would grant individuals access to medically assisted death should they not be competent to give consent at a later time.  Under the current formulation of the Bill, consent must be confirmed immediately before medical assistance in dying is provided, which effectively eliminates the use of advance directives or any form of advance requests.

June 6, 2016 deadline. The Bill will go to committee for further study then to the House of Commons for a vote; the Senate must approve it before it becomes law. The Supreme Court of Canada has given government until June 6, 2016 to have the new law in effect. In the meantime, an individual wishing to access medical assistance in dying can make an individual application to a court in her respective province to seek approval for such assistance pursuant to the Supreme Court’s January 2016 decision in Carter v. Canada (Attorney General).


Please contact your McInnes Cooper lawyer or any member of our McInnes Cooper Health Law, Estates & Trusts or Insurance Teams to discuss this topic or any other legal issue.


McInnes Cooper has prepared this document for information only; it is not intended to be legal advice.  You should consult McInnes Cooper about your unique circumstances before acting on this information. McInnes Cooper excludes all liability for anything contained in this document and any use you make of it.

© McInnes Cooper, 2016.  All rights reserved.  McInnes Cooper owns the copyright in this document. You may reproduce and distribute this document in its entirety as long as you do not alter the form or the content and you give McInnes Cooper credit for it. You must obtain McInnes Cooper’s consent for any other form of reproduction or distribution. Email us at [email protected] to request our consent.

Share

Print
View Related Content

Related Lawyers

  • Ryan Baxter

    Ryan Baxter

    Partner

  • Marjorie Hickey, QC

    Marjorie Hickey, KC

    Deputy Managing Partner

  • Jane O'Neill, QC

    Jane O’Neill, KC

    Partner

Related Services

  • Health Law
  • Estates and Trusts

Related Industries

  • Insurance
  • Government & Institutions
  • Private Clients

Related Publications

View All Publications
  • Underused Housing Tax Act: Non-Resident Non-Canadian Reporting Obligations

    Jan 19, 2023

    By April 30, 2023, some non-resident non-Canadians are required to report and pay taxes owed under the Canada’s new Underused Housing Tax Act,…

    Read More
    Publication
  • Raising Coverage Concerns: 3 Risk Mitigation Practices

    Dec 13, 2022

    The insurer’s duty to defend a claim made against its insured is inextricably tied to coverage: there can be no duty to defend without a…

    Read More
    Publication
  • Supreme Court of Canada Confirms No Retroactive Tax Planning Allowed

    Jul 12, 2022

    Lawyers and accountants advise clients on options for organizing their personal and business affairs in a tax-efficient way. Clients enter into…

    Read More
    Publication
  • 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
    Publication
  • 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
    Publication
  • N.B. Local Governance Reform: 5 Key Local Government FAQs

    Mar 4, 2022

    On December 17, 2021, New Brunswick’s Local Governance Reform Act (Bill 82) amending the N.B. Local Governance Act (and other related acts and…

    Read More
    Publication
  • 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
    Publication
  • 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
    Publication
  • 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
    Publication
  • Estate Planning: Two Trust Solutions

    Feb 12, 2021

    Estate planning is a customized process; the goal is to create a plan that’s best for a person’s unique situation. And while all estate…

    Read More
    Publication
  • China – Canada Connections: Estate Planning Obstacles & Opportunities

    Feb 12, 2021

    An ever increasing number of people originally from China now reside in Canada. It is more important than ever to recognize and understand the…

    Read More
    Publication
  • Expedite Entry of Foreign “Essential” Workers to Canada: 10 Essential Tips

    Dec 10, 2020

    The current state of closed Canadian borders and stringent travel restrictions in efforts to contain the COVID-19 pandemic is likely to be the…

    Read More
    Publication
  • New Trust Reporting Requirements Effective for 2021 Tax Year

    Dec 7, 2020

    All trusts that continue to be in effect past December 31, 2020, will be subject to new reporting requirements and harsh non-compliance…

    Read More
    Publication
  • 3 Key Estate Planning Considerations for Business Owners

    Oct 21, 2020

    For business owners, estate planning is directed at protecting the business’s legacy as well as the financial security of both family members…

    Read More
    Publication
  • 3 Key Estate Plan Benefits & Ingredients

    Oct 20, 2020

    Estate planning is directed at protecting your assets and your loved ones from creditors and unnecessary income tax or probate fees, and your…

    Read More
    Publication
  • 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
    Publication
  • 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
    Publication
  • 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
    Publication
  • 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
    Publication
  • 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
    Publication
  • Transitioning Immigrant Physicians to Canadian Permanent Residence Status: 3 Key Paths

    Aug 8, 2019

    This publication has been updated as at January 12, 2022. Canadian provinces are looking to immigration as a solution to labour market…

    Read More
    Publication
  • “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
    Publication
  • S.A. v. Metro Vancouver Housing Corp.: Can you trust a Henson trust?

    Jan 31, 2019

    On January 25, 2019, the Supreme Court of Canada considered, for the first time, “Henson trusts” and the nature of a disabled…

    Read More
    Publication
  • N.S. Appeal Court Confirms Future CPP Disability Benefits Are Deductible from Future Income Loss Awards in MVA Claims

    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
    Publication
  • 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
    Publication
  • N.S. Court of Appeal Offers 5 Key Insights into the new N.S. Limitations Act’s Saving Provision

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

    Jun 12, 2018

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

    Read More
    Publication
  • Extended Earning-Replacement Benefits are Deductible from N.S. Section B Weekly Income Replacement Benefits

    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
    Publication
  • 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
    Publication
  • 5 Practical Tips for Recruiting International Staff Physicians

    Apr 17, 2018

    This publication has been updated as at January 12, 2023. There’s no shortage of media coverage about a doctor shortage in Canada and the…

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

    Apr 2, 2018

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

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

    Jan 12, 2018

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

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

    Dec 23, 2017

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

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

    Dec 22, 2017

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

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

    Nov 20, 2017

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

    Read More
    Publication
  • 2018 Planning Starts Now for TSX-Listed Issuers: TSX Updates Disclosure Requirements

    Nov 2, 2017

    On October 19, 2017, the Toronto Stock Exchange (TSX) announced it had adopted amendments to its Company Manual. Originally proposed in Spring…

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

    Sep 22, 2017

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

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

    Aug 28, 2017

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

    Read More
    Publication
  • 5 Anti-Corruption Law Compliance Program Tips

    Aug 16, 2017

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

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

    Aug 4, 2017

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

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

    Jul 28, 2017

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

    Read More
    Publication
  • The Federal Court of Canada Puts the “Fair” in the Copyright Act’s “Fair Dealing” Exceptions in Canadian Copyright Licensing Agency v. York University

    Jul 18, 2017

    On July 12, 2017, the Federal Court of Canada made it clear that there are but two ways to avoid a tariff set by the Copyright Board of Canada…

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

    Jul 17, 2017

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

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

    Jun 23, 2017

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

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

    Jun 5, 2017

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

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

    May 26, 2017

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

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

    Apr 21, 2017

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

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

    Apr 20, 2017

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

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

    Apr 17, 2017

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

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

    Apr 6, 2017

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

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

    Apr 5, 2017

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

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

    Mar 15, 2017

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

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

    Jan 25, 2017

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

    Read More
    Publication
  • 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
    Publication
  • Don’t Sell Yet: How Principal Residence Exemption (PRE) Changes Affect Trusts

    Dec 22, 2016

    Effective January 1, 2017, the kinds of trusts that can claim the Principal Residence Exemption (PRE) will be limited. Now, the PRE allows…

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

    Dec 14, 2016

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

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

    Dec 5, 2016

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

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

    Nov 28, 2016

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

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

    Nov 22, 2016

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

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

    Sep 12, 2016

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

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

    Aug 17, 2016

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

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

    Aug 15, 2016

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

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

    Jul 5, 2016

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

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

    Jun 30, 2016

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

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

    Jun 17, 2016

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

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

    Jun 6, 2016

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

    Read More
    Publication
  • Get Your SEDAR Profile: Changes to Private Placement Filing Requirements Effective May 24 & June 30, 2016

    Jun 6, 2016

    On June 30, 2016, amendments to National Instrument 45-106 Prospectus Exemptions and related changes to Companion Policy 45-106 Prospectus…

    Read More
    Publication
  • 3 Tips to Use “Forward-Looking Information” to Enhance Your Investor Relations

    May 31, 2016

    You’re on a tight timeline to issue a press release. You finish your draft and ‘cut & paste’ your standard “forward-looking…

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

    May 24, 2016

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

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

    May 10, 2016

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

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

    Mar 24, 2016

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

    Read More
    Publication
  • 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
    Publication
  • Tax Implications of Personal Services Businesses (PSB) Status & Strategies to Avoid It

    Oct 23, 2015

    Incorporation offers legal advantages to sole proprietors of small businesses, including certain tax advantages. However, when a corporation…

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

    Oct 19, 2015

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

    Read More
    Publication
  • Invalidation of Bequest to Neo-Nazi Group as Against Public Policy Withstands Appeal

    Jul 30, 2015

    Note: On June 9, 2016, the Supreme Court of Canada dismissed the National Alliance’s application for leave to appeal the New Brunswick Court…

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

    Apr 15, 2015

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

    Read More
    Publication
  • 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
    Publication
  • 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
    Publication
  • 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
    Publication
  • Supreme Court of Canada Says the Charter Protects the Right to Strike in Saskatchewan Federation of Labour v. Saskatchewan

    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…

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

    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…

    Read More
    Publication
  • 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
    Publication
  • 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
    Publication
  • Estate Planning Solutions: 5 FAQs About Alter Ego & Joint Partner Trusts

    May 22, 2014

    This publication has been updated as at February 17, 2021. Trusts offer a very useful estate planning solution for a wide variety of special…

    Read More
    Publication
  • What’s In The Pipe? Municipal Liability for Flood & 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
    Publication
  • Students with Learning Disabilities Have a Right to Education Comparable to that of the General Student Population in Moore v. British Columbia (Education)

    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…

    Read More
    Publication

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 © 2023 — McInnes Cooper
Lex Mundi Logo MC Advisory Logo