Proving Damages for Mental Injury: Guidance from the Supreme Court...
The recent decision of Saadati v. Moorhead raises the question of whether recovery for a mental injury requires expert medical opinion of a “recognized psychiatric illness”.
Why Universities are Rethinking Their Copyright Policies
For over a decade, universities have had free-rein to use copyright-protected work for the purposes of education, research, private study, criticism, review, news reporting, satire and/or parody, so long as their use of the work was considered “fair dealing”.
SCC Declares Termination for Impairment in the Workplace Not Discriminatory
Canadian Courts have long wrestled with the protection of human rights in the context of workplace drug and alcohol policies.
Employer Permitted To Terminate Employees Receiving LTD Benefits
A recent New Brunswick Labour Adjudication decision addressed the sensitive issue of terminating permanently disabled employees on long-term disability leave (“LTD”).
Do You Need to Register in New Brunswick’s Lobbyist Registry?
The long-coming proclamation of the New Brunswick Lobbyists’ Registration Act (the “Act”) occurred on April 1, 2017.
Case Law Update: Evans v Avalon Ford Sales (1996) Limited
Earlier this year, the Newfoundland and Labrador Court of Appeal unanimously upheld the decision of the Trial Division in Evans v Avalon Ford Sales (1996) Limited.
Who Is A Parent?
There is a lack of legislation in New Brunswick to provide a framework for using artificial reproductive technology to build a family in the 21st century.
New Builder’s Lien Amendments & Regulations
Recent amendments to the Builder’s Lien Act and new Builders Lien Regulations, effective June 30, 2017, allow for early release of holdbacks to subcontractors and alter how finishing holdbacks are calculated.
Moot Gets the Boot: NSUARB Mootness Decision
The Nova Scotia Utility and Review Board recently dismissed an appeal as “moot” because its decision would have no practical or legal effect on the parties in Ashcroft Homes Inc. (Re), 2017 NSUARB 4.
New Brunswick Employers Now Need to Accommodate Family Status
New Brunswick is about to join the bandwagon by adding “family status” as a protected ground in its Human Rights Act. All other jurisdictions in Canada have already made this move.