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  • Article

    Provision Of Subscriber Information By ISPs – A Monster Decision From The Supreme Court Of Canada

    On June 13, 2014, the Supreme Court of Canada delivered a major decision affecting privacy.
    CanadaPrivacy
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Agreeing Before You Disagree: Entering Into Construction Contracts And Handling Disputes Arising From Them

    The construction industry has a reputation for being adversarial and, as a result, disputes are a common feature of the lifecycle of a project.
    CanadaReal Estate and Construction
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Managing Change In The Workplace – Constructive Dismissal And The Duty To Mitigate

    Last week's Nova Scotia Court of Appeal's decision in Halifax Herald Limited v. Clarke, 2019 NSCA 31, is good news for employers.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Reaching New Limits - Recent Amendments To The PEI Lands Protection Act

    During the Fall 2014 legislative sitting, the Province of Prince Edward Island passed legislation that results in significant changes to the Lands Protection Act.
    CanadaReal Estate and Construction
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Tsilhqot'in Nation – An East Coast Perspective

    On June 26, 2014, the Supreme Court of Canada released one of the most significant aboriginal law decisions since Marshall – Tsilhqot’in Nation v. British Columbia.
    CanadaGovernment, Public Sector
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Keeping Up With Crypto - CSA Issues Another Staff Notice; AML Regulations Proposed To Be Amended

    There is never a dull moment when it comes to cryptocurrency: whether it is the hacking of a South Korean crypto exchange, the U.S. Securities and Exchange Commission announcement that Ether is not a security ...
    CanadaCorporate/Commercial Law
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Updated Guidance On Business Reporting Obligations Under Canada's Supply Chain Transparency Legislation

    As we reported on November 30, 2023, the Fighting Against Forced Labour and Child Labour in Supply Chains Act (the "Act") came into force on January 1, 2024...
    CanadaCorporate/Commercial Law
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Avoiding The "Long-Haul" Begins With The Agreement

    It all starts with the agreement. Probationary periods are a useful tool for employers assessing the suitability of new hires.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    False/Unfounded Allegations: What About The Unsubstantiated Complaints?

    As long as there are harassment and respectful workplace policies that provide employees an opportunity to file complaints against their fellow employees, there will be, periodically, false or unfounded allegations.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    If You Want To Claim Just Cause, Don't Write A Glowing Reference Letter Beforehand!

    The employer thought that he had complied with his legal obligation to the employee as he had given her approximately four months' working notice that exceeded minimum notice under the Ontario Employment Standards Act.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Lessons Learned From #MeToo

    Three days later the board of directors of The Weinstein Company terminated his employment.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    The New Brunswick Labour And Employment Board Affirms Longstanding Practice Against Piecemeal Certification Of Bargaining Units

    The proposed bargaining unit consisted of employees from only three of the twenty stores.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Universal Interest Arbitration Proposed For New Brunswick

    Presently, all disputes arising during the term of a collective agreement must be resolved without stoppage of work.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Workplace P&C Info? Have Clear Policies And Protocols To Keep It P&C!

    The appellant had special access to the respondent's network including "Personal Folders" that were confidential and could only be read by the employee assigned to a file.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    "You Gotta Have (Good) Faith" ... Terminating Without Notice During The Probationary Period

    A recent decision from the Supreme Court of British Columbia, Ly v. British Columbia (Interior Health Authority) 2017 BCSC 42, provides helpful clarification of the law on termination of probationary employees on the basis of "suitability" and sends a cautionary note about the importance of fair and objective assessments during probationary periods.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Final Retail Payment Activities Regulations Released

    The Retail Payment Activities Regulations ("Regulations") under the Retail Payment Activities Act ("RPAA") were finalized and published in the Canada Gazette Part II on November 23, 2023.
    CanadaFinance and Banking
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Changes To Canadian Cannabis Licensing Application Process

    Health Canada has announced changes to the cannabis licensing regime. These changes come ahead of the release of the cannabis edibles, extracts, and topicals amendments to the Cannabis Regulations ...
    CanadaFood, Drugs, Healthcare, Life Sciences
    Stewart McKelvey
    Stewart McKelvey
  • Article

    New Permanent Residence Stream In Nova Scotia For "Occupations In Demand"

    Occupations in Demand is the newly introduced economic stream under the Nova Scotia Nominee Program.
    CanadaImmigration
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Land Use Planning In Prince Edward Island: The Year In Review

    It's that time of year – the moment when we look back at the year that was and chart our course for the year ahead.
    CanadaReal Estate and Construction
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Parody Recognized Throughout the European Union

    The Court of Justice of the European Union has recently ruled that the concept of parody must be regarded as an autonomous concept of EU law.
    European UnionIntellectual Property
    Stewart McKelvey
    Stewart McKelvey

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