ArticleProtect Your Assets: An Intellectual Property (IP) PrimerFor many businesses, large and small, their "Intellectual Property" (IP) is one of their most valuable assets. So understanding IP is important. CanadaIntellectual PropertyMcInnes Cooper
ArticleMunicipal Liability For ByLaw Enforcement: A Bylaw's Not A Bylaw In Vlanich v. TyphairThe Ontario Court of Appeal has re-ignited the discussion about when a municipality will be held liable for its shoddy bylaw enforcement efforts. CanadaLitigation, Mediation & ArbitrationMcInnes Cooper
ArticleCommercial Certainty Trumps Commercial Reality: B.C. Appeal Court Decides Receivers Must Give Written Notice Under Purchase & Sale Contract in KPMG Inc. v. 0747825 B.C. Ltd.If the contract requires written notice, then give written notice. CanadaCorporate/Commercial LawMcInnes Cooper
ArticleSteering Clear Of Personal Liability For Oppression: Supreme Court Of Canada Offers Guidance To Corporate Leaders In Wilson v. AlharayeriA corporation does not always sail in calm or safe waters. Cash shortages, unattainable or unmet goals, Board disagreements over the best course of action, ...CanadaCorporate/Commercial LawMcInnes Cooper
Article5 Ways Employers Can Support Transgender Employees In The WorkplaceTransgender employees face many challenges in the workplace – not the least of which are vulnerability to and fear of discrimination.CanadaEmployment and HRMcInnes Cooper
ArticleIn Like a Lamb: Atlantic Canada Minimum Wage Increases Effective April 1, 2019Effective April 1, 2019, the N.S. minimum wage rate will increase from $11.00/hour to $11.55/hour for experienced workers, and from $10.50/hour to $11.05/hour for inexperienced workers.CanadaEmployment and HRMcInnes Cooper
ArticleSpeak By November 10: Transformative Potential Changes To Nova Scotia DB Funding FrameworkOn September 6, 2017, the N.S. Government distributed a discussion paper, "Pension Funding Framework Review and other issues affecting pension plans". CanadaEmployment and HRMcInnes Cooper
ArticleBalance Between Public & Operator Interests In Offshore Petroleum Resources Data Is Set: Supreme Court Of Canada Won't Hear Appeal In Geophysical Service Incorporated (GSI) v. Encana CorporationOn November 30, 2017, the Supreme Court of Canada denied Geophysical Service Incorporated's (GSI) application for leave to appeal the decision of the Alberta Court of Appeal in Geophysical Service Incorporated...CanadaEnergy and Natural ResourcesMcInnes Cooper
ArticleKeeping It Flowing: 10 Steps To Anticipate Citizens' Challenges To New DevelopmentsRecently, the Nova Scotia Supreme Court denied a motion for a temporary stay of proceedings to prevent the deployment of certain tidal devices in Nova Scotia's Minas Basin.CanadaEnergy and Natural ResourcesMcInnes Cooper
ArticleNo NAFTA? No Problem – For Temporary Business Travel, That IsThe second exemption is for researchers coming to Canada for a 120-day stay in a period of 12 months where they are working on a research project at a publicly funded post-secondary institution or affiliated research institution.CanadaImmigrationMcInnes Cooper
ArticleIt's Settled: SCC Says Future CPP Disability Benefits Are Not Deductible Under SEF 44 Endorsement In Sabean v. Portage La Prairie Mutual Insurance Co.On January 27, 2017, the Supreme Court of Canada decided in Sabean v. Portage La Prairie Mutual Insurance Co. that future CPP disability benefits are not deductible from coverage afforded by an SEF 44 Endorsement. CanadaLitigation, Mediation & ArbitrationMcInnes Cooper
ArticleDon't Sell Yet: How Changes To The Principal Residence Exemption (PRE) Affect Trusts Effective January 1, 2017Effective January 1, 2017, the kinds of trusts that can claim the Principal Residence Exemption (PRE) will be limited.CanadaTaxMcInnes Cooper
ArticleLimitation Periods: Avoiding Hitting The Reset Button In Tuck v. Supreme HoldingsThe Newfoundland and Labrador Court of Appeal recently affirmed the test for confirming a cause of action and thus resetting a limitation period under the NL Limitations Act.CanadaLitigation, Mediation & ArbitrationMcInnes Cooper
ArticleCanadian Treaty Shopping Proposal Shelved Pending Final OECD Recommendation, First To Be Released September 16The Canadian federal government has been concerned for some time about "treaty shopping" by non-residents.CanadaTaxMcInnes Cooper
ArticleCoping With COVID-19: 5 Steps To Compliant Socially Distant AGMsBusiness corporations laws and stock exchange policies mandate that issuers hold annual general meetings (AGM) and set requirements for when and how those meetings must take place.CanadaCoronavirus (COVID-19)McInnes Cooper
ArticleAssertion Of Aboriginal Right Does Not Automatically Confer Eligibility To Appeal A Regulatory Approval In O'Chiese First Nation v. Alberta Energy RegulatorOn June 2, 2016, the Supreme Court of Canada denied an Alberta First Nation's request to appeal the Court of Appeal's dismissal of its bid to challenge a regulatory approval.CanadaGovernment, Public SectorMcInnes Cooper
ArticleNo Minimal Impact: Atlantic Canada's 2018 Minimum Wage IncreasesAnnual minimum wage increases in Atlantic Canada (and in Canada generally) don't typically receive a significant amount of media coverage.CanadaEmployment and HRMcInnes Cooper
Article3 Key Estate Planning Considerations For Business OwnersWithout proper planning, your wishes may go unfulfilled, your estate will likely pay more, and ultimately, your beneficiaries get less. CanadaFamily and MatrimonialMcInnes Cooper
ArticleA Lump Of Coal For Christmas: Supreme Court Of Canada Confirms Auditor Negligent & Liable For $40 Million In Livent v. DeloitteParents often threaten their children that if their behaviour did not improve they will get a lump of coal in their Christmas stockings.CanadaLitigation, Mediation & ArbitrationMcInnes Cooper
ArticleFuture-Focused: N.S. Appeal Court Confirms Future CPP Disability Benefits Are Deductible From Future Income Loss Awards In MVA Claims In Holland v. SparksOn January 18, 2019, the Nova Scotia Court of Appeal rendered its unanimous (5-0) decision in Holland v. Sparks, overturning a motion decision that carried significant consequences for the calculation of future income loss awards in Nova Scotia.CanadaLitigation, Mediation & ArbitrationMcInnes Cooper