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  • 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
  • Article

    Recent Construction Industry Safety Violation Discipline Decisions: Due Diligence Means Enforcing Rules

    Effective health and safety programs must meet provincial occupational health and safety standards and employers must always exercise due diligence.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Canada's Proposed Cannabis Edibles, Extracts And Topicals Regulations Revealed

    The 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 Sciences
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Litigation Between First Nations And Project Proponents: A New Development

    Now 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 Sector
    Stewart McKelvey
    Stewart McKelvey
  • Article

    In The Three Certainties We Trust: The Status Of Builders' Lien Act Trust Claims In Bankruptcy

    There 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-Structuring
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Re: Sound Flexes Its Musical Muscles

    Re: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 Property
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Bye, Bye Canadian P.I.?: What Apple's Fight Against The FBI Means For The Protection Of Personal Information In Canada

    Recently, the public safety versus personal privacy debate has been brought to main headlines.
    CanadaPrivacy
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Changes 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.
    CanadaTax
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Duty 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 Ago

    IBM 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 HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Vicarious 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.
    CanadaPrivacy
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Consistent Use: The Collection Of Union Members' Personal Information By Their Unions

    The 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 HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    What 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 HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Recent Developments: Disability Insurance Policies & Limitation Periods In Nova Scotia

    Two recent Nova Scotia decisions have clarified the issue of limitation periods in disability insurance policies and "rolling" limitation periods.
    CanadaInsurance
    Stewart McKelvey
    Stewart McKelvey
  • Article

    What's In A Name? New Trademark Legislation To Impact Branding

    A brand name speaks beyond the name of a product or service, and represents the goodwill and reputation that is associated with a business.
    CanadaIntellectual Property
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Land Use Planning In Prince Edward Island: The Year In Review

    Once 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 Construction
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Client Update: Mechanics' Lien Act Reform

    The 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 Construction
    Stewart McKelvey
    Stewart McKelvey
  • Article

    New Rules To Live By

    Amendments to the Residential Tenancies Act come into effect
    CanadaReal Estate and Construction
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Talent Beyond our Borders: Making the Most of Canada's Immigration Programs

    Educational 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 Protection
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Court Of Appeal Confirms Accounting Firms May Take On Multiple Mandates For The Same Company

    The Newfoundland and Labrador Court of Appeal recently confirmed that accounting/auditing firms may take on several mandates...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Liens By Architects In Atlantic Canada

    It 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 Construction
    Stewart McKelvey
    Stewart McKelvey

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