The Interplay between Workers’ Compensation and the Duty to Accommodate
In recent years, there have been a number of decisions related to the obligations of employers in their management of employees on long term disability.
Revisiting Pound v. iWave: Lessons for Employers
Pound v. iWave, 2017 PECA 17, a recent decision by the Prince Edward Island Court of Appeal, is a cautionary tale for employers about the legal issues that may arise when standard form employment policies are adopted without management fully understanding their obligations to employees in practice.
Two IMEs, one doctor: Retaining the same medical expert to...
The recent decision of the Nova Scotia Supreme Court in Saccary v Vonhammerstein presents an interesting issue on independent medical examinations (IMEs) at the request of Section A insurers.
Before and After: NS Supreme Court Decision on CPP Benefit...
The Nova Scotia Supreme Court has decided that Canada Pension Plan disability benefits are not deductible from damages of future income loss or lost earning capacity arising from a motor vehicle accident. The recent decision of the Supreme Court of Nova Scotia in Holland v Sparks1 decides a question of law on whether s.113A of the Insurance Act applies to future Canadian […]
New Brunswick Update: Notice Now Required to Sue a Municipality
On January 1, 2018, the Province of New Brunswick repealed the Municipalities Act and replaced it with the Local Governance Act.
Reforming the New Brunswick’s Mechanics’ Lien Act: Prompt Payment and...
The New Brunswick Legislative Services Branch is considering recommending changes to the Mechanics’ Lien Act (1973), the main Construction Law statute in the Province.
Police in NL to Lead Workplace Investigations
Newfoundland and Labrador’s provincial police service, the Royal Newfoundland Constabulary (the “RNC”), has recently begun working with Calgary Police Service to change how investigations of workplace incidents will be instituted.
Nova Scotia: Marine Renewable Energy Act 2.0 – Amended and...
With 13,300 km of coastline, Nova Scotia is uniquely situated to explore and develop marine renewable energy.
PEI Municipalities: Preparing for Cannabis Legalization
As the highly anticipated day of cannabis legalization in Canada draws near, Prince Edward Island municipalities must acknowledge and prepare for the challenges coming their way.
Supplier Beware: Appropriate Payments at Your Own Risk
Whether you’re a general contractor, a subcontractor, or a supplier, this decision regarding the application of the Builders’ Lien Act is important for your business.