MacDonald v MacVicar, 2018 NSSC 272 provides judicial guidance on s. 113BA(1) of the Insurance Act, RSNS 1989, c 231 (“Act”), holding that future loss of income damages for plaintiffs injured in motor vehicle accidents should be calculated on a gross, rather than net basis. Background In MacDonald v MacVicar, 2018 NSSC 271, the court […]
Corporations incorporated under the Canada Business Corporations Act (the “CBCA”) are about to face a significant increase in the share ownership information that they are required to collect. Bill C-86, an implementation bill for the 2018 federal budget that includes the Federal government’s amendments to the CBCA, received Royal Assent on December 13, 2018. The […]
Introduction New Brunswick’s Small Business Investor Tax Credit Act (the “Act”) was created to help New Brunswick businesses attract investors and encourage New Brunswick residents to invest in local businesses. Under the Act, the small business investor tax credit program (the “SBITC Program”) provides eligible investors a non-refundable provincial tax credit when they invest in […]
As a result of the Cannabis Act, cannabis was legalized on October 17, 2018. Prior to that, cannabis was regulated under the Controlled Drugs and Substances Act. There was, however, a legal exemption for the medical use of cannabis. Despite the recent legalization of cannabis, a framework for access to cannabis for medical purposes still exists, but under new regulations passed under the authority of the Cannabis Act.
When is it appropriate for an employer to discipline an employee for their activity on social media? This is a question that employers often struggle with, due to the fact that it raises complex and nuanced issues, such as the divide between a person’s private life and their employment responsibilities, and the extent to which […]
In Temple v. Aviva Insurance Company of Canada,1 the Supreme Court of Newfoundland and Labrador determined that the plaintiff, a seasonal worker, was not employed at the date of the motor vehicle accident. As a result, he did not qualify for loss of income payments under Section B of Newfoundland and Labrador’s standard automobile insurance […]
Proposed changes to the Automobile Insurance Act and the Insurance Companies Act received second reading in the House of Assembly on April 15, 2019. Key changes to the Automobile Insurance Act include: A requirement that an insurer will notify the Registrar of Motor Vehicles of a cancellation or expiration of any auto insurance policy. A […]
In January 2019, Nova Scotia’s Finance and Treasury Board announced changes to the Province’s Equity Tax Credit program. Additional changes followed in the Nova Scotia 2019 Spring budget.
The recent decision of McKenna v Stewart1 sheds light on how courts interpret the impact of amendments that are made outside of the limits provided by the Statute of Limitations2, and that potentially raise a new cause of action. On Prince Edward Island, there is a two year limitation period for a claim arising out […]
Written by David G. O’Brien, KC. The recent decision of the New Brunswick Court of Appeal in Higgins v. Arseneau, 2019 NBCA 21, will be of interest for anyone involved with fatality claims in New Brunswick. The Court upheld the trial decision dismissing a claim brought on behalf of siblings for loss of inheritance arising […]