ArticleInvestigations, Documentation And The Termination LetterWe'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 HRStewart McKelvey
ArticleRecent Construction Industry Safety Violation Discipline Decisions: Due Diligence Means Enforcing RulesEffective health and safety programs must meet provincial occupational health and safety standards and employers must always exercise due diligence.CanadaEmployment and HRStewart McKelvey
ArticleCanada's Proposed Cannabis Edibles, Extracts And Topicals Regulations RevealedThe first look at regulations for cannabis edibles, extracts and topicals has arrived. The Federal Government has opened a 60-day consultation period respecting the strict regulation of additional cannabis products.CanadaFood, Drugs, Healthcare, Life SciencesStewart McKelvey
ArticleLitigation Between First Nations And Project Proponents: A New DevelopmentNow in Ominayak v Penn West Petroleum Ltd, 2015 ABQB 342 we have a new decision from Alberta that applies Saik'uz First Nation in one key respect, but refuses to follow it in another.CanadaGovernment, Public SectorStewart McKelvey
ArticleIn The Three Certainties We Trust: The Status Of Builders' Lien Act Trust Claims In BankruptcyThere is now a Nova Scotia decision on the interplay between the provincial Builders' Lien Act and the federal Bankruptcy and Insolvency Act ("BIA") in the interesting context of trusts.CanadaInsolvency/Bankruptcy/Re-StructuringStewart McKelvey
ArticleRe: Sound Flexes Its Musical MusclesRe:Sound Tariff No. 6.B sets the royalties to be paid for the communication to the public of published sound recordings in any venue for the purposes of fitness.CanadaIntellectual PropertyStewart McKelvey
ArticleBye, Bye Canadian P.I.?: What Apple's Fight Against The FBI Means For The Protection Of Personal Information In CanadaRecently, the public safety versus personal privacy debate has been brought to main headlines.CanadaPrivacyStewart McKelvey
ArticleChanges To Related Party Election (Section 156 – Excise Tax Act)Section 156 provides an election that relieves certain related parties from having to collect Harmonized Sales Tax on the goods and services sold between them.CanadaTaxStewart McKelvey
ArticleDuty To Accommodate: If Only We Knew Back Then What We know Now. Actually, We Did And The Complaint Should Have Been Dismissed A Long Time AgoIBM moved to have this complaint dismissed at a preliminary stage because of the Commission’s delay in bringing the complaint forward for many years after it was first brought to IBM’s attention.CanadaEmployment and HRStewart McKelvey
ArticleVicarious Liability For Cyber And Privacy-Related Claims: Is Your Organization Protected Against Internal Threats?Privacy and data breaches at universities and colleges continue to rise. In response to a Statistics Canada survey in 2017, universities reported the second highest number of cybersecurity incidents.CanadaPrivacyStewart McKelvey
ArticleConsistent Use: The Collection Of Union Members' Personal Information By Their UnionsThe Public Service Labour Relations Board concluded that an employer was required to provide home contact information about bargaining unit members to the union which represents them because this information is needed by the union in order to carry out its representational duties.CanadaEmployment and HRStewart McKelvey
ArticleWhat Is "Reasonable" In Post-Secondary Religious Accommodations?The scope of religious freedom is an increasingly sensitive topic in today's political (and secular) climate. From Quebec's most recent "religious neutrality" law that prevents public servants...CanadaEmployment and HRStewart McKelvey
ArticleRecent Developments: Disability Insurance Policies & Limitation Periods In Nova ScotiaTwo recent Nova Scotia decisions have clarified the issue of limitation periods in disability insurance policies and "rolling" limitation periods.CanadaInsuranceStewart McKelvey
ArticleWhat's In A Name? New Trademark Legislation To Impact BrandingA brand name speaks beyond the name of a product or service, and represents the goodwill and reputation that is associated with a business.CanadaIntellectual PropertyStewart McKelvey
ArticleLand Use Planning In Prince Edward Island: The Year In ReviewOnce again, the time has come to review the year that was and to chart the course for the year ahead. For municipalities, developers and planning professionals ...CanadaReal Estate and ConstructionStewart McKelvey
ArticleClient Update: Mechanics' Lien Act ReformThe Legislative Services Branch of the Province of New Brunswick has announced in issue 40 of the Law Reform Note, available online, its intention to reform the Mechanics' Lien Act.CanadaReal Estate and ConstructionStewart McKelvey
ArticleNew Rules To Live ByAmendments to the Residential Tenancies Act come into effectCanadaReal Estate and ConstructionStewart McKelvey
ArticleTalent Beyond our Borders: Making the Most of Canada's Immigration ProgramsEducational institutions have a tradition of seeking out the best and brightest as well as those with unique talents who can share their knowledge with students and faculty. CanadaConsumer ProtectionStewart McKelvey
ArticleCourt Of Appeal Confirms Accounting Firms May Take On Multiple Mandates For The Same CompanyThe Newfoundland and Labrador Court of Appeal recently confirmed that accounting/auditing firms may take on several mandates...CanadaInsolvency/Bankruptcy/Re-StructuringStewart McKelvey
ArticleLiens By Architects In Atlantic CanadaIt is a commonly held misconception, or perhaps an often overlooked issue, that the provisions of mechanics' or builders' lien legislation do not apply to architects.CanadaReal Estate and ConstructionStewart McKelvey