ArticleNew 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.CanadaImmigrationStewart McKelvey
ArticleClass Action Regional OverviewThe body of class action jurisprudence from Atlantic Canada continues to grow.CanadaLitigation, Mediation & ArbitrationStewart McKelvey
ArticleLand Use Planning In Prince Edward Island: The Year In ReviewIt'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 ConstructionStewart McKelvey
ArticleParody Recognized Throughout the European UnionThe 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 PropertyStewart 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 HRStewart McKelvey
ArticleCPP Disability Benefits Are Deductible From Awards For Loss Of Earning Capacity And Loss Of Income In MVA ClaimsOn 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. CanadaInsuranceStewart McKelvey
ArticleStudent Evaluations In Promotion And TenureTenure 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 & ArbitrationStewart McKelvey
ArticleThe Latest In Labour Law: A Stewart Mckelvey Newsletter - Nova Scotia Teachers Union & Government - A SynopsisThis 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 HRStewart McKelvey
ArticleIntroduction Of Prince Edward Island's New Business Corporations ActA 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 LawStewart McKelvey
ArticleAtlantic Canada Pension And Benefits Countdown To 2019As 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 HRStewart McKelvey
ArticleMixed Bag Of Damages: Wrongful Dismissal, Human Rights, Mental Distress And PunitiveIn 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 HRStewart McKelvey
ArticleNew 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 HRStewart McKelvey
ArticleSCC Issues Major Decision Affecting Federal Employers: Wilson v. Atomic Energy Of Canada LimitedOn July 14, 2016 the Supreme Court of Canada issued a significant decision affecting federally regulated employers across Canada.CanadaEmployment and HRStewart McKelvey
ArticlePowering The Future: Green Choice Program RegulationsThe long-awaited Green Choice Program Regulations (N.S. Reg. 155/2023) were released by the provincial government on September 8, 2023...CanadaEnergy and Natural ResourcesStewart McKelvey
ArticleYou've Got Mail - Ontario Court Of Appeal Sends A Constitutional Message To Municipalities About Community MailboxesDrawing 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 SectorStewart McKelvey
ArticleSignificant Changes Announced For New Study Permit ApplicationsThe 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...CanadaImmigrationStewart McKelvey
ArticleLimitation Periods & Denial Of LTD Benefits: The NSSC Decision In CameronA recent Supreme Court decision tackled two issues that have proven complex in Nova Scotia law: summary judgment and limitation periods.CanadaInsuranceStewart McKelvey
ArticleThe Crown Of CopyrightLast month, the Supreme Court of Canada released its much-anticipated decision in Keatley Surveying Ltd. v Teranet Inc., 2019 SCC 43.CanadaIntellectual PropertyStewart McKelvey
ArticleClient Update: It's Here Now! Breach Reporting For Canadian Businesses Under PIPEDAYou 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)...CanadaPrivacyStewart McKelvey
ArticleCountdown To Anti-Malware/Spyware: CRTC Issues Guidance On Computer Program Installations Under CASLIn 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".CanadaPrivacyStewart McKelvey