The recent decision of Justice Fred Ferguson, Mercure v Kaat Auto Sales, 2020 NBQB 39 (CanLII), (“Mercure v Kaat Auto Sales”) is another reminder to parties to think carefully before filing a Small Claims action in New Brunswick. Background In New Brunswick, a litigant can commence a Small Claim so long as the monetary amounts […]
In times of financial uncertainty, employers seeking to cut costs may quickly turn to temporary layoffs. From the employer’s point of view, layoffs offer an opportunity to press “pause” on its obligations to employees in the short-term while still maintaining the employment relationship in the long-term. Failing to handle layoffs properly, however, may leave the […]
On July 24, 2020, the Supreme Court of Canada released its decision in Atlantic Lottery Corp. Inc. v. Babstock, 2020 SCC 19. The Court allowed the appeals, and struck the plaintiffs’ claims on the basis that they disclosed no reasonable cause of action. Background Atlantic Lottery Corporation (“ALC”), which is constituted by the four […]
In late March, Canada’s Communications Security Establishment warned researchers across the country to secure their COVID-19 data because “sophisticated threat actors” were exploiting the chaos of the pandemic in an effort to steal critical vaccine research. However, there has been little to no discussion beyond the CSE’s repeated warnings as to just what is being done to protect the important work of our local health and science experts.
Insurance litigation Case Law Updates from across the region.
The Estates & Trusts team at Cox & Palmer is here to help you prepare your will. These are important steps to take now for peace of mind later.
Section 2 of the Wills Act (Newfoundland and Labrador, the “Wills Act”) sets out the legal requirements for the making of a valid will. To be valid, a will must first of all be in writing. Formal Execution and Witnessing Requirements A will that is entirely in the handwriting of the testator and signed by […]
What Is “Absolute Liability”? Absolute liability is the obligation of an insurer to indemnify an innocent third party who was injured by an insured, while the insured was in violation of the insurance policy. Under the absolute liability provision of the Insurance Act, RSNB 1973, c I-12, [the ‘Act’], the insurer may deny coverage to […]
The New Brunswick Court of Queen’s Bench has recently clarified the law regarding without cause termination provisions. The decision, Stéphane Vienneau v. Joy Global (Canada) Ltd., 2020 NBQB 76, explains that a properly worded termination provision is valid and enforceable even if it limits the employee’s entitlements to those set out in the Employment Standards […]
On June 12, 2020, legislation was passed temporarily amending the Labour Standards Act (the “Act”) to extend the period of temporary layoff contemplated in the Act. Background Previously, under section 49 of the Act, an employee on temporary layoff for a period exceeding 13 weeks over a consecutive 20 week period would be considered to […]