ArticleProposed 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 HRStewart McKelvey
ArticleSuncor’s Random Drug And Alcohol Testing Policy Tests NegativeAn Alberta Arbitration Unifor Local 707 v. Suncor Energy Inc. ("Suncor"), released in late March, after a year of hearings, says that random drug and alcohol testing for Suncor’s OIl Sands workers was unreasonable due to a lack of evidence of a significant substance abuse problem in Suncor’s unionized workforce. CanadaEmployment and HRStewart McKelvey
ArticleSurvivor Benefits & Mirrors: NSCA Rejects S 15 Charter Challenge In Workers' Compensation CaseDenying survivor benefits to a former spouse is not discriminatory, according to a recent Nova Scotia Court of Appeal decision. CanadaEmployment and HRStewart McKelvey
ArticleTexting About Drugs On A Company Cellphone? Probably Not A Good IdeaThe BC Court of Appeal released a decision of interest to employers who find information on a former employee AFTER they have terminated without cause.CanadaEmployment and HRStewart McKelvey
ArticleClient 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 SciencesStewart McKelvey
ArticleNova Scotia Gives First Look At Cannabis RegulationFollowing 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 SciencesStewart McKelvey
ArticleUntenable Tenure: Discrimination Complaint From Indigenous Professor DismissedAn 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 SectorStewart McKelvey
ArticleClean Slate Trade-Mark Case Leaves Batman Aand Warner Bros.) UnscathedA recent US Court of Appeals decision (7th Circuit) in Fortres Grand Corporation vs. Warner Bros provides an interesting look at a trade-mark claim alleging that a fictional trade-mark in a major feature film violated trade-mark rights.CanadaIntellectual PropertyStewart McKelvey
ArticleMunicipality Liable For Failing To Ensure Visitor Was Reasonably Safe In Municipal Public ParkThe 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 & ArbitrationStewart McKelvey
ArticleThe Brief On BitcoinsBitcoins are a digital currency obtained when computers compete to solve mathematical problems and the winning ‘miner' is rewarded with a block of new Bitcoins.CanadaMedia, Telecoms, IT, EntertainmentStewart McKelvey
ArticleMake Your List And Check It Twice: IRAC Sends A Holiday Reminder To MunicipalitiesThe 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 ConstructionStewart McKelvey
ArticleProtecting Lien Rights In The Face Of A CCAA Application: Practical Lessons Learned From NewpageWhen an owner is unable to meet its financial obligations, it may, under certain circumstances, seek protection under the Companies Creditors Arrangement Act, RSC 1985, c.C-36. CanadaReal Estate and ConstructionStewart McKelvey
ArticleUpdate On New Tax Rules For Charitable GivingSeveral important changes in the tax rules that apply to charitable gifts will be coming into effect in the near future.CanadaTaxStewart McKelvey
ArticleGovernment Of Canada Improvements To Procurement Integrity ProvisionsAs part of an ongoing initiative aimed at ensuring Canada only does business with ethical suppliers, Public Works and Government Services Canada ("PWGSC") has introduced changes to its Integrity Regime and Code of Conduct for Public Procurement.CanadaGovernment, Public SectorStewart McKelvey
ArticleElement Of Malice Imported Into Definition Of CyberbullyingThe Nova Scotia Supreme Court has finally given some much-needed judicial interpretation to the broadly worded definition of cyberbullying contained in the Cyber-safety Act, SNS 2013, c.2.CanadaMedia, Telecoms, IT, EntertainmentStewart McKelvey
ArticleYour Adversarial Ally: Navigating Risk Management With Your Student UnionReverend William Sloane Coffin Jr. once articulated the relationship between the state and citizen as follows, "[t]here are three kinds of patriots: two bad, one good. CanadaConsumer ProtectionStewart McKelvey
ArticleStatutory Interpretation & Social JusticeThe father unsuccessfully appealed the suspension to the Assistance Appeal Board.CanadaStrategyStewart McKelvey
ArticleFederal Government's Cannabis Report: What Does It Mean For Employers?On December 13, 2016, the Government of Canada released A Framework for the Legalization and Regulation of Cannabis in Canada: The Final Report of the Task Force on Cannabis Legalization and Regulation.CanadaEmployment and HRStewart McKelvey
ArticleNot Black Enough: $11,000 Damages For Discrimination Based On ColourA former employee of the Nova Scotia Black Educators Association ("BEA") was awarded $11,000 in damages, plus pre-judgement interest, after a Board of Inquiry ("Board") determined she had been discriminated against because of the colour of her skin.CanadaEmployment and HRStewart McKelvey
ArticleOnsite OHS Liability: Who Is (And Who Is Not) The True Constructor?In a recent decision, R v McCarthy's Roofing Limited, Judge Anne Derrick provided some much-needed clarity around what it means to be a "constructor" on a job site. CanadaEmployment and HRStewart McKelvey