What is the “standard of review”? In considering a challenge to the decision of an arbitrator, tribunal or other administrative body, whether by appeal or judicial review, this is always a fundamental question. Yet, finding the right answer has remained one of the most confusing legal questions out there. This has resulted in seemingly inconsistent […]
“I’d just like to be paid” It hardly seems fair. You’ve worked all your life gaining credentials, securing a position and building a reputation. You’ve had to create your own opportunities. No one gave you that contract; you had to compete for it and it was awarded to only you. You rallied an able workforce […]
In “Overview of the New Legal Era for Development Projects in the Newfoundland and Labrador Offshore,” Todd Stanley, QC, discusses the history of Newfoundland and Labrador’s offshore and the changes to the legal and regulatory landscape for upcoming projects. Originally prepared for the Canadian Energy Law Foundation’s June 2019 conference, you can now download a […]
In Babin v. C.J.M. Dieppe Investments Ltd. and TG 378 Gauvin Ltd., 2019 NBCA 44, the New Brunswick Court of Appeal made clear that it will not interfere lightly with a motion judge’s discretionary decision to grant partial summary judgment, particularly where a decision on the merits is correct in law. The Court of Appeal […]
Last year was the first holiday season after the legalization of cannabis. The products available then were primarily for consumption by inhalation. As of October 17 of this year, edible cannabis is legal, and edible cannabis products may be available for sale by mid-December.[1] The introduction of legalized edible cannabis raises difficulties in detecting consumption, […]
Nova Scotia will soon have an amended and renamed Builders’ Lien Act, which will introduce a prompt payment scheme as well as an adjudication process to be followed in the case of non-payment. Bill 119, the bill to amend the Builders’ Lien Act, received royal assent on April 12, 2019, but will not come into […]
You have landed your dream job, but it is on the other side of the country. Your company is restructuring and your new office is in the next town. Your ailing parent requires your care – in another province. Your former spouse is in the military and is being relocated. There are many reasons why […]
It is with profound sadness that we acknowledge the passing of our dear friend, brilliant colleague, and founding partner, Thomas J. O’Reilly, QC. Tom passed away on Saturday, November 16, following a brief, yet brave, medical battle. He was surrounded by his loving family. Tom’s contributions to the firm, profession, and community were invaluable. In […]
BACKGROUND The last major overhaul of the Divorce Act, which governs issues of custody and support for married persons, was in 1985. In May 2018, the government introduced Bill C-78, which proposed significant changes to the Divorce Act. The bill received Royal Assent on June 21, 2019, and the majority of the amendments to the […]
We are living in a time where there is great potential to improve business practices through the effective implementation of technology. Upcoming amendments to the Companies Act[1], Co-operative Associations Act[2] and Corporations Registrations Act[3] will permit the electronic storage of books and records for both companies and cooperatives. A number of other key updates include, […]