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  • 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

    Class Action Regional Overview

    The body of class action jurisprudence from Atlantic Canada continues to grow.
    CanadaLitigation, Mediation & Arbitration
    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
  • Article

    "Sexual Harassment" Or "Unwelcome Sexual Conduct"?

    In July 2019, Claudine Gay, dean of Harvard's Faculty of Arts and Sciences, advised that Professor of Economics, Roland G. Fryer Jr., had been placed on administrative leave for two years...
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    CPP Disability Benefits Are Deductible From Awards For Loss Of Earning Capacity And Loss Of Income In MVA Claims

    On May 2, 2017, the Nova Scotia Court of Appeal issued a significant decision in Tibbetts v. Murphy, 2017 NSCA 35, on the proper interpretation of s. 113A of the Insurance Act. Specifically the issue was whether or not Canada Pension Plan Disability benefits ("CPPD") should be deducted from tort awards for loss earning capacity in motor vehicle accident cases.
    CanadaInsurance
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Student Evaluations In Promotion And Tenure

    Tenure and promotion applications are most often concerned with two main criteria: scholarship and teaching effectiveness. This then begs the question of how something as subjective...
    CanadaLitigation, Mediation & Arbitration
    Stewart McKelvey
    Stewart McKelvey
  • Article

    The Latest In Labour Law: A Stewart Mckelvey Newsletter - Nova Scotia Teachers Union & Government - A Synopsis

    This Bulletin will provide some background to what is, today, relatively unprecedented: the imposition by law of a Collective Agreement between an Employer and a Union.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Introduction Of Prince Edward Island's New Business Corporations Act

    A new Bill, the Business Corporations Act ("Act"), recently passed by the Prince Edward Island legislature, has made significant changes to the way corporations ...
    CanadaCorporate/Commercial Law
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Atlantic Canada Pension And Benefits Countdown To 2019

    As 2018 comes to an end, we countdown some pension and employee benefits developments in the last year that we anticipate may lead to developments in 2019.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Mixed Bag Of Damages: Wrongful Dismissal, Human Rights, Mental Distress And Punitive

    In a recent Ontario decision, an employee successfully sought default judgment for a wrongful dismissal claim. The employee's evidence was uncontested and the facts set forth in the Statement of Claim were deemed to be true.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    New Territory In Human Rights - When Should You Accommodate An Employee's Choice To Breastfeed?

    An employer's "duty to accommodate" is a continually evolving – and sometimes confusing – area of the law.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    SCC Issues Major Decision Affecting Federal Employers: Wilson v. Atomic Energy Of Canada Limited

    On July 14, 2016 the Supreme Court of Canada issued a significant decision affecting federally regulated employers across Canada.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Powering The Future: Green Choice Program Regulations

    The long-awaited Green Choice Program Regulations (N.S. Reg. 155/2023) were released by the provincial government on September 8, 2023...
    CanadaEnergy and Natural Resources
    Stewart McKelvey
    Stewart McKelvey
  • Article

    You've Got Mail - Ontario Court Of Appeal Sends A Constitutional Message To Municipalities About Community Mailboxes

    Drawing upon this doctrine, the Ontario Court of Appeal concluded that the bylaw passed by the City of Hamilton was inoperative as it applied to Canada Post and had no legal effect.
    CanadaGovernment, Public Sector
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Significant Changes Announced For New Study Permit Applications

    The Government of Canada recently announced further changes to the international student program that not only limits the number of new study permit applicants per year...
    CanadaImmigration
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Limitation Periods & Denial Of LTD Benefits: The NSSC Decision In Cameron

    A recent Supreme Court decision tackled two issues that have proven complex in Nova Scotia law: summary judgment and limitation periods.
    CanadaInsurance
    Stewart McKelvey
    Stewart McKelvey
  • Article

    The Crown Of Copyright

    Last month, the Supreme Court of Canada released its much-anticipated decision in Keatley Surveying Ltd. v Teranet Inc., 2019 SCC 43.
    CanadaIntellectual Property
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Client Update: It's Here Now! Breach Reporting For Canadian Businesses Under PIPEDA

    You likely heard rumblings over the spring and summer, but now it's here. Canada's federal privacy law known by the acronym PIPEDA (Personal Information Protection and Electronic Documents Act)...
    CanadaPrivacy
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Countdown To Anti-Malware/Spyware: CRTC Issues Guidance On Computer Program Installations Under CASL

    In preparation for the January 15th, 2015, coming into force of section 8 of Canada’s Anti-Spam Legislation ("CASL"), and associated regulations, the Canadian Radio-television and Telecommunications Commission ("CRTC") has provided an interpretation bulletin, entitled "CASL Requirements for Installing Computer Programs".
    CanadaPrivacy
    Stewart McKelvey
    Stewart McKelvey

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