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  • Article

    New Brunswick's Final Cannabis Report: Government Operated Stores, Guidance On Growing At Home

    New Brunswick's Final Report of the Select Committee on Cannabis was released September 1, 2017.
    CanadaReal Estate and Construction
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Statutory Interpretation & Social Justice

    The father unsuccessfully appealed the suspension to the Assistance Appeal Board.
    CanadaStrategy
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Rihanna Publicity Case Shows Differences In UK Law

    A very recent English Court of Appeal decision shows the distinct approach of English courts to publicity rights (Fenty v. Topshop [2015] EWCA Civ 3).
    United KingdomIntellectual Property
    Stewart McKelvey
    Stewart McKelvey
  • Article

    First Contract Arbitration

    Late last week, the Labour Management Review Committee (LMRC), established as a result of changes to the Trade Union Act in 2010, met for a full day discussion on the issue of "Settlement of a First Collective Agreement".
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Supreme Court Of Canada Rules Against Canada Revenue Agency In GST/HST Deemed Trust Case

    In a rare decision from the bench, the Supreme Court of Canada ("SCC") allowed the appeal of Callidus Capital Corporation in the matter of Callidus Capital Corporation v Her Majesty the Queen.
    CanadaCorporate/Commercial Law
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Fraudulent Dealings: Why A Mutual Release May Not Be Iron-Clad

    It has long been a routine part of the settlement of a matter or the severance of an employee to exchange mutual release agreements. These releases typically provide that both parties...
    CanadaCriminal Law
    Stewart McKelvey
    Stewart McKelvey
  • Article

    10 Things Employers Need To Know About Employing Temporary Foreign Workers

    These days, Canada’s Temporary Foreign Worker Program is more top of mind than ever for Canadian employers.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    An Update On Mandatory Retirement

    Although blanket rules allowing mandatory retirement have been removed from human rights legislation for some time, there continue to be mandatory retirement cases.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Curiosity Caught The Cat: Case Comment On Privacy In The Healthcare Setting

    physiotherapist with 25 years of clean service was discharged after her employer discovered she inappropriately accessed her employer's Picture Archiving & Communication System ("PACS").
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Nova Scotia Court Of Appeal Substantially Reduces Punitive Damages In LTD Case (Plus A Primer On The New Nova Scotia Limitations Act)

    "Disability insurance is a peace of mind contract": that's the opening line of the Nova Scotia Court of Appeal's long-awaited decision in Industrial Alliance Insurance and Financial Services Inc v Brine.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Workplace Investigations: The Benefits Of Third Party Investigators

    In July 2011, Mr. Zambito began work as a union organizer for the respondent Central Eastern Canadian Organizing Fund, that assisted the respondent union ("the respondents") in organizing non-union workers.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Requirement To Register As A Mortgage Brokerage And Mortgage Administrator In New Brunswick

    On April 1, 2016 New Brunswick's Mortgage Brokers Act came into force, requiring businesses acting as mortgage brokerages or as mortgage administrators in New Brunswick to be licensed.
    CanadaFinance and Banking
    Stewart McKelvey
    Stewart McKelvey
  • Article

    ESG And Dispute Resolution: Fighting For Greener Ways

    All stakeholders in the legal profession, including litigators, have a shared interest in promoting environmental, social, and governance (ESG)...
    CanadaLitigation, Mediation & Arbitration
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Privileged Records And Access To Information Reviews: To Produce Or Not Produce?

    The dispute worked its way through the courts, and eventually landed on the doorsteps of the Supreme Court.
    CanadaPrivacy
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Land Use Planning In Prince Edward Island: The Year In Review - 13 December 2019

    Once again, the time has come to review the year that was and to chart the course for the year ahead. For municipalities and planning professionals in Prince Edward Island...
    CanadaReal Estate and Construction
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Canada 2024 Federal Budget Paves The Way For Open Banking

    On April 15, 2024, the Canadian federal budget was released. Connected to the budget was an explanation of the framework for Canada's proposed implementation of Open Banking (sometimes called consumer-driven banking).
    CanadaFinance and Banking
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Mortgage Regulation Act - the New Regime

    In May 2012, the Nova Scotia Legislature passed the Mortgage Regulation Act ("MRA").
    CanadaFinance and Banking
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Federal Cannabis Act Regulations Taking Shape: Consultation Feedback Revealed

    The Federal government has released a new report titled: Proposed Approach to the Regulation of Cannabis: Summary of Comments Received During the Public Consultation (the "new report") ...
    CanadaFood, Drugs, Healthcare, Life Sciences
    Stewart McKelvey
    Stewart McKelvey
  • Article

    TSX Company Manual Amendments Will Result In A "Modest Increase" To Listed Issuer's Disclosure Practices

    The Toronto Stock Exchange ("TSX") has made two recent changes to the TSX Company Manual that will impact disclosure:
    CanadaCorporate/Commercial Law
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Investigations, Documentation And The Termination Letter

    We've said it before and we'll say it again - cross your "t"s and dot your "i"s when it comes to workplace investigations and documentation.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey

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