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 […]
New Brunswick’s Bill 12: Construction Remedies Act received Royal Assent on December 18, 2020, and the majority of its provisions came into force on November 1, 2021. The new Act replaces the Mechanics’ Lien Act, SNB 1973, c.M-6. While the new Construction Remedies Act retains a number of the key elements of the Mechanics’ Lien […]
Business owners or the spouse of a business owner encounter unique considerations when facing a divorce. The Marital Property Act’s Treatment of Business Assets The New Brunswick Marital Property Act, RSNB 2012, c 107 [hereinafter the “Marital Property Act”] exempts business assets from division with a spouse upon the breakdown of a marriage. Business assets […]
In 6362222 Canada Inc. v Prelco Inc., 2021 SCC 39 (38904) (“Createch v Prelco“), the Supreme Court of Canada considered the issue of whether a limitation of liability clause in a contract between the two parties was invalid on the basis of the doctrine of breach of a fundamental obligation. The Court ultimately held that […]
Richardson v. Richardson, 2021 SCC 36 Justices Wagner C.J. and Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin, Kasirer and Jamal Issues: Best interest of the child | Custody The parties have a 16-year-old daughter and a 10-year-old son. The dispute revolved around custody of the two children and whether it is in their best interests to […]
It is no secret that family law disputes resolved using the court process come at great personal and financial expense. Being proactive with the use of domestic contracts ensures that both your family and business assets are better protected from costly legal disputes. What They Are Unfortunately, there is great stigma against pre-nuptial agreements because […]
The deadline to post notice of pay equity plan is Monday November 1, 2021. You don’t need your Pay Equity Plan in place, but you must post notice of your plan to create the Pay Equity Plan. You will find a guide and template notices to help create at www.payequitychrc.ca/en/templates. The Pay Equity Act (the […]
On October 22, 2021, the Supreme Court of Canada released the decision of Northern Regional Health Authority v Horrocks, 2021 SCC 42 in which it explained that human rights tribunals are without jurisdiction to consider human rights disputes arising from the interpretation, application or alleged violation of a collective agreement. Such issues fall within the […]
Wolfson v Wolfson, 2021 NSSC 260 Justice Forgeron Issues: Unequal division of assets | Matrimonial property The couple was married for 12 years and have two children. Mr. Wolfson owns shares in 12 companies. The companies own and manage several rental properties. Mr. Wolfson sought to have the shares classified as business assets to exclude […]
Canada has the world’s longest coastline but, compared to other countries, most notably Norway, our ocean economy — $31.7 billion annually in gross domestic product and almost 300,000 jobs – is relatively under-developed. The federal government wants to change that. The federal Department of Fisheries and Oceans is developing a “blue economy” strategy intended to […]