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  • Article

    Who Pays The Costs? Responsibility For Legal Fees In Disputed Estates Matters

    In the matter of Prevost v. Prevost Estate, 2015 NSSC 10, Justice Michael Wood was called upon to determine who should pay costs flowing out of a contested Court application...
    CanadaFamily and Matrimonial
    Cox & Palmer
    Cox & Palmer
  • Article

    The "Wells Report" On Municipal Ethics Systems: Window Dressing Or Institutional Fabric?

    The ultimate goal of the Wells Report was to provide guidance on how to best ensure that the personnel of the City of St. John's meet high ethical standards.
    CanadaGovernment, Public Sector
    Cox & Palmer
    Cox & Palmer
  • Article

    Intra-Company Transferee Work Permits: Facilitating Corporate Expansion To Canada

    As Canada's population continues to grow, and as immigration remains an area of key focus for our government, foreign business owners may be looking to expand their operations into the country.
    CanadaImmigration
    Cox & Palmer
    Cox & Palmer
  • Article

    SCC Provides Clarity Re Anti-Deprivation Common Law Rule

    Earlier this fall, the Supreme Court of Canada ("SCC") released its decision in Chandos Construction Ltd. v. Deloitte Restructuring Inc. ("Chandos") .
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Cox & Palmer
    Cox & Palmer
  • Article

    Two IMEs, One Doctor: Retaining The Same Medical Expert To Examine An Insured Individual Involved In Two Accidents

    The recent decision of the Nova Scotia Supreme Court in Saccary v Vonhammerstein presents an interesting issue on independent medical examinations (IMEs)
    CanadaInsurance
    Cox & Palmer
    Cox & Palmer
  • Article

    Once After A Lifetime: An Author's Life, Death And Copyright Reversionary Interests In Canada

    Canadian copyright law is primarily governed by the federal Copyright Act, R.S.C. 1985, c. C-42 (the "Act").
    CanadaIntellectual Property
    Cox & Palmer
    Cox & Palmer
  • Article

    Presented With A Music Contract? Ask Yourself These Five Questions

    Being presented with a contract in the music industry, whether a big deal or small, can be both exciting and anxiety inducing.
    CanadaIntellectual Property
    Cox & Palmer
    Cox & Palmer
  • Article

    Some Nice Trade-Mark (Classification) News From Canada: Application Of The 11th Edition And Courtesy Letters

    Use of the Nice Classification system will eventually become mandatory in Canada, upon full implementation here of various international trade-mark treaties.
    CanadaIntellectual Property
    Cox & Palmer
    Cox & Palmer
  • Article

    New Summary Judgment Motion Rule Introduced In New Brunswick: More Than Just A Tool To Dismiss Meritless Claims

    As of January 1, 2017, Rule 22 of the New Brunswick Rules of Court for ‘Summary Judgment' was repealed and replaced.
    CanadaLitigation, Mediation & Arbitration
    Cox & Palmer
    Cox & Palmer
  • Article

    Proving Damages For Mental Injury: Guidance From The Supreme Court Of Canada

    The recent decision of Saadati v. Moorhead raises the question of whether recovery for a mental injury requires expert medical opinion of a "recognized psychiatric illness".
    CanadaLitigation, Mediation & Arbitration
    Cox & Palmer
    Cox & Palmer
  • Article

    Recent Ontario Superior Court Decision Reminds Professionals That There Are Limits On Freedom Of Expression When Making Public Statements

    The recent decision of Ontario's Superior Court of Justice in Peterson v. College of Psychologists of Ontario, 2023 ONSC 4685, reminds professionals that their right of free speech under Canada's Charter of Rights...
    CanadaMedia, Telecoms, IT, Entertainment
    Cox & Palmer
    Cox & Palmer
  • Article

    Nova Scotia Condominium Fee Reform: Regulatory And Market Outlook One Year Later

    Effective August 30, 2024, Nova Scotia implemented amendments to the condominium development fee regime under the Condominium Act through O.I.C. 2024-289 (N.S. Reg. 150/2024).
    CanadaReal Estate and Construction
    Cox & Palmer
    Cox & Palmer
  • Article

    Receiverships And COVID-19 – Is The Pandemic Sufficient Cause For Postponement Of An Asset Sale?

    In Choice Properties Limited Partnership v Penady (Barrie) Ltd., 2020 ONSC 3517, the Ontario Superior Court of Justice weighed in on what constitutes a fair and reasonable sale procedure...
    CanadaReal Estate and Construction
    Cox & Palmer
    Cox & Palmer
  • Article

    Supreme Court Of Canada Confirms The Law On Rectification

    The Supreme Court of Canada ("SCC") confirmed the law on the equitable remedy of rectification in Canada (Attorney General) v. Fairmont Hotels Inc., 2016 SCC 56 ("Fairmont").
    CanadaTax
    Cox & Palmer
    Cox & Palmer
  • Article

    Mind Your Business: Business Assets, Professional Corporations & Divorce

    Business owners or the spouse of a business owner encounter unique considerations when facing a divorce.
    CanadaFamily and Matrimonial
    Cox & Palmer
    Cox & Palmer
  • Article

    Locked Out And Out-Of-Luck: The Impact Of Ransomware On Smes

    Recent high-profile data breaches have emphasized the importance of protecting client, company, and personal information by governments and businesses.
    CanadaPrivacy
    Cox & Palmer
    Cox & Palmer
  • Article

    Hold Up: What's A Water Holdback In A PEI Residential Property Transaction?

    You are selling your home or cottage and moving to another, or you are buying a new home or a new cottage and are excited to get the deal closed. Everything is going smoothly...
    CanadaEnergy and Natural Resources
    Cox & Palmer
    Cox & Palmer
  • Article

    The Supreme Court Of Canada's Decision On Historical Child Support Awards

    In the Supreme Court of Canada's most recent family law decision, Michel v. Graydon, 2020 SCC 24, the Court settles a long-standing question about whether child support can be recalculated
    CanadaFamily and Matrimonial
    Cox & Palmer
    Cox & Palmer
  • Article

    NL's Statutory Review Of The Access To Information And Protection Of Privacy Act: What Businesses Need To Know.

    On 9 June 2021 the Government of Newfoundland and Labrador released Statutory Review 2020 of the Access to Information and Protection of Privacy Act, 2015 (ATIPPA).
    CanadaPrivacy
    Cox & Palmer
    Cox & Palmer
  • Article

    Addressing AI Bias And Discrimination: A Critical Path To Responsible AI

    As artificial intelligence (AI) technologies become increasingly integrated into various aspects of our lives, the imperative to address AI bias and discrimination has never been more critical.
    CanadaTechnology
    Cox & Palmer
    Cox & Palmer

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