Earlier this fall, the Supreme Court of Canada (“SCC”) released its decision in Chandos Construction Ltd. v. Deloitte Restructuring Inc. (“Chandos”) . The SCC agreed with the Alberta Court of Appeal in holding that a price-reduction clause in a subcontract between Chandos and the bankrupt subcontractor violated the common law anti-deprivation rule. Chandos, a general […]
A 10 year review of appeals of municipal planning decisions before the Nova Scotia Utility and Review Board (UARB) shows that the UARB rarely overturns decisions of municipal councils and even more rarely if the appeal has been launched by interested citizens. Appeals by developers have been marginally more successful. But it would be wrong […]
In a year like no other, there have been steady developments in the landscape of employment & labour and human rights law. Some of these developments were long anticipated, including the effect of termination on bonus compensation and the legality of mandatory arbitration clauses in the gig economy. Perhaps the most interesting cases, however, are […]
Background This was an application by Benson Buffett (“BB”), legal counsel to PricewaterhouseCoopers (“PWC”) in its capacity as receiver of Great North Data Ltd. (“GND”), a failed cryptocurrency hosting company formerly based in Labrador City. Section 18 of the Bankruptcy and Insolvency General Rules, C.R.C, c. 368, says that “[a]ll bills of costs for legal […]
Cox & Palmer is a proud member of the Risk Management Counsel of Canada (RMC), a national association of independent law firms offering a comprehensive range of legal services to the insurance industry, risk retention groups and self-insureds. Below is RMC’s 2020 informational Guide to Litigation in Canada which encompasses litigation process details in provinces […]
On November 17, 2020, the federal government introduced Bill C-11, the Digital Charter Implementation Act, 2020 (DCIA), which, if passed, will significantly reshape the Canadian privacy landscape. Organizations handling personal information must consider how the CPPA could impact their operations and take steps to implement the necessary data protection procedures to meet their obligations under the new law.
On Tuesday, November 17, 2020, a panel of Cox & Palmer insurance lawyers from across the region presented our Defence of Slip, Trip and Fall Liability Claims 101, which covered a review of the fundamentals of the law, including evidentiary basics, standards, approaches and strategies associated with the defence of slip, trip and fall liability […]
The New Brunswick Court of Appeal’s decision in ASL v LSL, 2020 NBCA 15, reaffirmed the high standard on judges determining child support obligations for parents with equal amounts of parenting time. Background In ASL, the parties had a separation agreement, signed shortly after their separation, which provided the parents with roughly equal parenting time […]
Regardless of size or sector, unionized or non-unionized, all provincially regulated employers in Newfoundland and Labrador are required to abide by the Human Rights Act, 2010 (the “Act”). It should also be noted, however, that if your business also operates outside of NL, you are required to abide by the human rights legislation in that […]
2020 has been marked by a series of significant public health and economic actions by both the federal and provincial governments in Canada in response to the COVID-19 pandemic.
In developing these policies, governments engaged and continue to engage with business groups, unions, social groups, and non-governmental agencies in Canada. They have received and continue to receive solicited and unsolicited representations from the public, including businesses, as the policies and programs evolve.