The Nova Scotia Court of Appeal overturned a motion decision in Sparks v Holland, 2019 NSCA 3 (“Sparks”), holding that Canadian Pension Program (“CPP”) disability payments are deductible from future loss of income and earning capacity. Background The respondent, Catherine Holland, was involved in a motor vehicle accident with the appellant, Josh Sparks, on May […]
On January 17, 2019, Nova Scotia’s Finance and Treasury Board (“NSFTB”) announced changes to the Province’s Equity Tax Credit program, a popular tax credit program that has been in place since 1994 and utilized by many Nova Scotia companies and investors in a number of different industries. The Province’s stated goal for re-working the Equity […]
In our blog post of September 4, 2018, we identified what we viewed as an improper application by the Probate Registry of the Supreme Court of Newfoundland and Labrador of subsection 4(3) of the provincial Services Charges Act when it comes to the statutory fee charged on the filing of updated or amended estate Inventories […]
2018 saw a number of developments in employment and labour law. Below, we provide a summary of the top 10 Canadian decisions from the last 12 months that we believe Atlantic Canadian employers should be aware of coming into 2019. Re Lower Churchill Transmission Construction Employers’ Assn Inc and IBEW, Local 1620 (Tizzard) Arbitrator finds […]
Over a year has passed since October 15, 2017, the date that Alyssa Milano famously tweeted #MeToo, as a show of support for those who asserted they were sexually harassed or assaulted by Harvey Weinstein and to seek to illustrate the magnitude of the problem. Within 24 hours, the tweet generated more than 12 million […]
Securing bank financing could very well be the springboard to take your business to the next exciting level. A personal guarantee may be a condition of that financing, but don’t be scared off. Knowledge and experienced guidance can help you work with the lender to take the business successfully forward.
This is the first holiday season in the post-legalization of cannabis era. If, as an employer, you are planning a holiday gathering, you should be aware that you may be exposing your company to significant financial liability for the actions of an impaired guest. The concept of host liability is not new, but with the […]
On Tuesday, November 20, a panel of Cox & Palmer insurance lawyers from across the region presented our Advance 2018 Insurance Law Webinar, which covered the latest on the Common law and Legislative law approaches to deductibility related to loss of income claims. As part of the webinar materials, we prepared a paper and a handout, which we have linked below for your reference. We have also provided a link to the full webinar, which you can view and listen to at your convenience.
Callidus Capital Corporation v. Her Majesty the Queen, 2018 SCC 47 (SCC) Callidus was a secured creditor of Cheese Factory Road Holdings Inc. Pursuant to a trust agreement, Cheese Factory held all funds received in trust for Callidus and remitted them to be applied to its debt. The amounts paid to Callidus under this arrangement […]
A few years ago, we canvassed the now outdated and antiquated financial assistance (or illicit loan) provisions that remain in the Newfoundland Corporations Act (the “Act”) and the problems they create for financial institutions seeking guarantees in financing transactions. This article seeks to examine in greater detail the solutions and work-arounds.