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  • 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

    Website Terms And Conditions: What Constitutes Acceptance? – A Recent U.S. Case Casts Doubt

    A recent U.S. Court of Appeals decision is a reminder to any of us seeking to impose contractual terms on our website users and online customers.
    CanadaMedia, Telecoms, IT, Entertainment
    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
  • Article

    Landlords’ Protection From Mechanics’ (Builders’) Liens

    Canadian provinces have enacted legislation that allows a claim for a lien against real property.
    CanadaReal Estate and Construction
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Community Of Interest Considerations Are Important In A Construction Industry Certification

    The Nova Scotia Labour Board’s long-standing approach to construction industry unionization was called into question by the Supreme Court of Nova Scotia in a decision dated March 26, 2015.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Immigration Red Flags: Five Organizational Issues That Open Employers To Risk

    The Temporary Foreign Worker Program ("TFWP") and International Mobility Program ("IMP") provide Canadian employers the opportunity to hire foreign workers to address their labour needs, particularly when qualified Canadians are not available.
    CanadaImmigration
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Not A "Token Gesture": Nova Scotia Court Of Appeal Confirms Deductibility Of Future CPP Disability Benefits From Tort Damages

    On the first issue, the Court held that the motion judge in Sparks was bound to follow Tibbetts.
    CanadaInsurance
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Medical Marijuana Found To Be Undue Hardship In Safety Sensitive Positions - The Problem Of Residual Impairment

    The Grievor suffered from osteoarthritis and Crohn's Disease.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Pension Update: Countdown To Nova Scotia Pooled Registered Pension Plans

    Funds in a PRPP may be transferred to a locked-in vehicle, such as a locked-in retirement account.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Proposed Changes To The Employment Standards Act (New Brunswick)

    The New Brunswick government is seeking feedback from stakeholders on proposed changes to the Employment Standards Act ("Act").
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Client Update: Cannabis Act Regulations - Now We Are Really Getting Into The Weeds!

    As we explained in The Cannabis Act- Getting into the Weeds, the Cannabis Act introduces a regulatory regime for recreational marijuana in Canada. The regime promises to be complex.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Nova Scotia Gives First Look At Cannabis Regulation

    Following October's public consultation, which resulted in over 31,000 responses, Nova Scotia has revealed the first hints of its cannabis regulatory regime. While Nova Scotia's proposed provincial legislation under the Cannabis Act has not yet been released, today's press release provides insight as to what can be expected moving forward.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Untenable Tenure: Discrimination Complaint From Indigenous Professor Dismissed

    An Indigenous law professor filed a human rights complaint against the University of British Columbia claiming the university discriminated against her in failing to consider her less traditional scholarly work...
    CanadaGovernment, Public Sector
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Copyright Does Not Monopolize Facts - Documentary Filmmakers' Claim Against Book Author And Publisher Fails

    In May 2016, the Federal Court of Canada confirmed that copyright does not protect facts, even where a book's author is clearly inspired by the content of a film.
    CanadaIntellectual Property
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Municipality Liable For Failing To Ensure Visitor Was Reasonably Safe In Municipal Public Park

    The Supreme Court of Canada recently declined to hear an appeal from the Ontario Court of Appeal decision in Campbell v Bruce (County), 2016 ONCA 371.
    CanadaLitigation, Mediation & Arbitration
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Make Your List And Check It Twice: IRAC Sends A Holiday Reminder To Municipalities

    The Island Regulatory and Appeals Commission (the "Commission") has issued a holiday reminder to municipalities in Prince Edward Island about the importance of preparation, accuracy, and transparency when making decisions related to land use and development.
    CanadaReal Estate and Construction
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Update On New Tax Rules For Charitable Giving

    Several important changes in the tax rules that apply to charitable gifts will be coming into effect in the near future.
    CanadaTax
    Stewart McKelvey
    Stewart McKelvey

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