Written by: Matthew K. LeBlanc What happens when a company terminates someone who is both an employee and a shareholder? In Kirke v Spartan Controls Ltd, 2025 ABCA 40 (“Spartan Controls”), the Alberta Court of Appeal reiterated the distinction between a person’s employment rights and their shareholder rights, and held that the payments owed upon […]
In a recent article, (In New Brunswick, When Do You Become “Common-Law”?), we discussed how long it takes to become common-law in New Brunswick. In that article, we mentioned that common-law couples do not have the same rights as married couples, and there is no presumption of equal division of property on separation. However, you […]
These days, almost every couple lives together for a period of time before they get married, and more and more couples are deciding to never get married at all. We get a lot of questions about common-law status, such as how long does it take to become “common-law”, what does it mean, and do we […]
Davis v Harrison, 2023 NSCA 74 Judges: Justice Anne S. Derrick; Chief Justice Michael J. Wood and Justice Joel E. Fichaud concurring Subject Matter: Matrimonial property; Pension division; s. 13 MPA; Costs; Fresh Evidence Summary: The parties were married for 20 years. The contested issues at trial included the division of the appellant’s Canadian Armed […]
Ezurike v Gbeve, 2023 NSCA 27 Judge: Chief Justice Michael J. Wood Subject Matter: Motion by written submission (Civil Procedure Rule 90.38) Justice Peter Bryson dismissed Mr. Ezurike’s motion for an extension of time to file his appeal. The proposed appeal related to a Corollary Relief Order issued by Justice Samuel Moreau of the Nova […]
Is an employee entitled to incentive compensation as part of their “reasonable notice” damages when terminated from employment? That is often the $1 million (or even $10,000) question. Background It is well established at common law that an employee who is terminated without cause is entitled to be provided with reasonable advance notice and, failing […]
The Nova Scotia Court of Appeal overturned a motion decision in Sparks v Holland, 2019 NSCA 3 (“Sparks”), holding that Canadian Pension Program (“CPP”) disability payments are deductible from future loss of income and earning capacity. Background The respondent, Catherine Holland, was involved in a motor vehicle accident with the appellant, Josh Sparks, on May […]
The Nova Scotia Supreme Court has decided that Canada Pension Plan disability benefits are not deductible from damages of future income loss or lost earning capacity arising from a motor vehicle accident. The recent decision of the Supreme Court of Nova Scotia in Holland v Sparks1 decides a question of law on whether s.113A of the Insurance Act applies to future Canadian […]
These days, almost every couple lives together for a period of time before they get married, and increasingly, more and more couples never get married at all.