This Month in Nova Scotia Family Law – January 2022
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.
Employment & Labour – Top Ten Cases of 2021
It is no secret that over the past year the COVID-19 pandemic has been the subject of much discussion in the realm of employment and labour law. In 2021, we saw courts and administrative tribunals alike grapple with the question of how the pandemic has impacted, or not impacted, our established employment and labour standards. […]
Municipalities Take Note – Recent Supreme Court of Canada Decision...
The Supreme Court of Canada (“SCC”) recently addressed the law with respect to government liability in negligence cases. It is a long standing principle in Canada that public authorities are generally immune from liability for core policy decisions. In Nelson (City of) v Marchi (“Nelson”), the SCC did not dramatically change the law, but rather […]
The Future of “Reno-viction” in Prince Edward Island
The phenomenon known as “renoviction” has garnered much attention on Prince Edward Island in recent years. On November 17, 2021, the Province of Prince Edward Island passed Bill 122, which implemented a two-year moratorium on the ability of landlords to evict tenants to renovate their occupied units. While the government of PEI is currently in […]
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.
Amendments Affecting All Newfoundland and Labrador Corporations
In November, the House of Assembly of Newfoundland and Labrador passed Bill 24, which set out amendments to the province’s Corporations Act (the “Act”). The amendments, which come into force 1 April 2022, are notable and require attention as they will impose new obligations upon most corporations incorporated in the province. In summary, the amendments: […]
Municipal Planning Appeals on the Island: A 15 Year Review
The Island Regulatory and Appeals Commission (“IRAC” or the “Commission”) is an independent quasi-judicial tribunal that, among other things, hears appeals relating to land use, including municipal and ministerial planning decisions, under the Planning Act and other provincial statutes . A 15-year review (2005-2020) of appeals of municipal planning decisions before the Commission shows that […]
If at First You Don’t Succeed… : Fennelly v. Lloyd’s...
Fennelly v. Lloyd’s Underwriters, 2021 NLSC 160, involved an application by the First and Second Defendants, Lloyd’s Underwriters (“Lloyd’s”) and Anthony & Associates Inc. (“Anthony”), pursuant to Rule 40.11 of the Rules of the Supreme Court, 1986, S.N.L. 1986, c. 42, Sch. D, to dismiss the insured Plaintiff’s claim for want of prosecution. This was […]
Unoppressed: Newfoundland and Labrador Supreme Court Denies Claim for Oppression...
An oppression remedy is a statutory remedy that courts can apply when the conduct of a corporation or its directors is found to be prejudicial or harmful to the interests of a specific stakeholder of the corporation (i.e., shareholders, officers, directors, creditors, etc.). In rectifying the oppression, courts will consider the reasonable expectations of the […]
COVID 19 – Mandatory Vaccine Policies Legally Challenged through Grievance...
Mandatory vaccination policies have been implemented by many employers in response to the COVID-19 pandemic. While these policies have been widely accepted by the majority of employees, there are some employees who strongly object to such policies. Some mandatory COVID-19 vaccination policies have been the subject of grievances. Earlier this month, the first two grievance […]