April 18, 2023
Tax

Employee Ownership Trusts – A New Business Succession Alternative

A majority of small business owners plan to exit their business over the next decade. [1] For many business owners there may not be a family successor ready and willing to take on the business. To address this impending “succession crisis”, the 2023 Federal Budget, released by the Department of Finance on March 28, 2023, […]

This Month in Family Law – December 2021

Our NS Family Law team provides summaries of recent cases which have appeared in the Nova Scotia Supreme Court and the Nova Scotia Court of Appeal.

April 18, 2019

Seasonal Worker Did Not Qualify as “Employed” for Purposes of...

In Temple v. Aviva Insurance Company of Canada,1 the Supreme Court of Newfoundland and Labrador determined that the plaintiff, a seasonal worker, was not employed at the date of the motor vehicle accident. As a result, he did not qualify for loss of income payments under Section B of Newfoundland and Labrador’s standard automobile insurance […]

April 9, 2019

New Brunswick Court of Appeal Rejects Loss of Inheritance Claim...

Written by David G. O’Brien, KC. The recent decision of the New Brunswick Court of Appeal in Higgins v. Arseneau, 2019 NBCA 21, will be of interest for anyone involved with fatality claims in New Brunswick. The Court upheld the trial decision dismissing a claim brought on behalf of siblings for loss of inheritance arising […]

Revised Labour Standards for Federal Employers

On December 13, 2018, the federal government gave royal assent to a bill that promised substantial changes to the employment standards for federal employers. The changes themselves have not yet been implemented, however, this is expected in 2019 and will be subject to staggered implementation dates. Overview of Key Changes There are a number of […]

CPP Disability Payments Deductible From Future Loss

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 […]

Recent Changes Affect Parental and Maternity Leave in Atlantic Canada

In December 2017, the federal government introduced major changes to maternal and parental employment insurance (EI) benefits.

Supreme Court of Canada Rules Future CPP Benefits Not Deductible...

This case dealt with the narrow issue of whether the value of future CPP benefits are deductible under an SEF 44 claim.

Navigating Employment Law Tricky For Startups

So, you want to launch a business in Nova Scotia? Well, whether you want to disrupt the tech sector, break the Internet or brew some sour beer, you are going to need to understand what it means to be an employer subjected to a litany of employment laws.

March 17, 2016

Update: Is the Failure to Provide Parental Leave “Top-Up” Benefits...

The complainant was a unionized employee and his Collective Agreement provided top-up benefits to adoptive parents, but not to biological parents. The Board of Inquiry concluded that the distinction in benefits constituted discrimination on the basis of family status.