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Your search for ‘Stewart McKelvey’ returned 466 results

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  • Article

    How Much Is Too Much?: Disclosure In Multiple Accident Litigation In English v House, 2017 NLTD(G) 93

    How far can an insurer dig into the Plaintiff's history to defend a claim? And how much information is an insurer entitled to have in order to do so?
    CanadaInsurance
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Civil And Criminal Law Collide: The Use Of Wiretap Evidence In Civil Proceedings

    Information gleaned from wiretap authorizations can be disclosed in Quebec civil proceedings, after the Supreme Court’s decision in Imperial Oil v Jacques, 2014 SCC 66.
    CanadaLitigation, Mediation & Arbitration
    Stewart McKelvey
    Stewart McKelvey
Article

Aboriginal Rights, No Crown In Sight: Implications Of The BCCA Decision In Saik'uz First Nation

To briefly review the facts, the Saik'uz and Stellat'en First Nations (referred to as the "Nechako Nations") sued Alcan for private nuisance; public nuisance; and breach of riparian (water-related) rights.
CanadaGovernment, Public Sector
Stewart McKelvey
Stewart McKelvey
  • Article

    Trustees Beware! New Trust Reporting And Disclosure Requirements Under The Income Tax Act Are Here – Are You Ready For Them?

    New trust disclosure rules originally announced on February 27, 2018, are now in force, and trusts with taxation years ending on or after December 31, 2023...
    CanadaTax
    Stewart McKelvey
    Stewart McKelvey
  • Article

    TTC's Random Testing Decision: A Bright Light for Employers in the Haze of Marijuana Legalization

    In my December 15, 2016 article, Federal Government's Cannabis Report: What does it mean for employers?, I noted the Report's1 suggestion that there was a lack of research to reliably determine when individuals are impaired by cannabis.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    More Limits: NSCA Tightens The Test For Disallowing A Limitations Defence

    The Nova Scotia Court of Appeal ("NSCA") has issued an important decision clarifying the test to disallow a limitations defence.
    CanadaLitigation, Mediation & Arbitration
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Solicitor-Client Privilege Vs The Canada Revenue Agency: The SCC Speaks

    Canada (Attorney General) v Chambre des notaires du Québec, 2016 SCC 20 and Canada (National Revenue) v Thompson, 2016 SCC 21 are companion decisions on solicitor-client privilege...
    CanadaTax
    Stewart McKelvey
    Stewart McKelvey
  • Article

    When Can Students Sue For Breach Of Contract?

    The law regarding a court's involvement in the student/ university relationship has seen significant changes in the last decade, particularly with respect to the level of deference...
    CanadaCorporate/Commercial Law
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Forsythe v Westfall: Forum Of Necessity & Access To Justice

    Arguments about access to justice are not enough to oust the general principles of jurisdiction, according to a recent Ontario case.
    CanadaLitigation, Mediation & Arbitration
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Federal Government Desires Feedback On Proposed Cannabis Act Regulations

    The federal government has opened its 60-day consultation period with the release of its Proposed Approach to the Regulation of Cannabis.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Protests And Injunctions: Is The Presence Of Journalists A Material Fact For The Court?

    A fundamental principle of our legal system is that all parties to a dispute should be given the opportunity to be heard.
    CanadaLitigation, Mediation & Arbitration
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Proposed Reform Of Ontario's Labour And Employment Statutes

    This morning, May 30, 2017, Ontario Premier Kathleen Wynne announced her government's intention to introduce sweeping legislative reform of labour and employment laws.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    A Charter Right To Testamentary Freedom? The NSSC Decision In Lawen Estate

    There is a right to testamentary freedom under section 7 of the Charter, according to a recent decision of the Nova Scotia Supreme Court.
    CanadaFamily and Matrimonial
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Reset For Renewables: Nova Scotia Overhauls Energy Regulation And Governance In Advance Of Influx Of Renewable Energy

    The Government of Nova Scotia has embarked on a path to dramatically reshape the regulation and governance of the energy sector with the passage of Bill 404, the Energy Reform (2024) Act (the "ERA") on April 4, 2024.
    CanadaEnergy and Natural Resources
    Stewart McKelvey
    Stewart McKelvey
  • Article

    The Spies Who Saved Judicial Review: The Top 10 Takeaways From Vavilov

    The Supreme Court of Canada has revolutionized administrative law (again) with its new standard of review decision, Canada (Minister of Citizenship and Immigration) v Vavilov.
    CanadaGovernment, Public Sector
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Change Is The Only Constant – Bill C-86 Changes In Federal Labour And Employment Regulation

    Bill C-86, enacted as SC 2018, c. 27, will effect massive changes upon how federal labour and employment relations are regulated.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    It’s Not Stale, It’s Stare Decisis: The NSSC’s Decision In Ackerman v Deckman Trust

    It’s safe to say that "stare decisis" is one of the most common Latin phrases in law (and that’s saying something).
    CanadaLitigation, Mediation & Arbitration
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Personal Injury Claims And The Nova Scotia Limitation Of Actions Act: Everything Old Is New Again?

    Nova Scotia’s new Limitation of Actions Act, SNS 2014, c 35 received Royal Assent on November 20, 2014, but has not yet been proclaimed into force.
    CanadaLitigation, Mediation & Arbitration
    Stewart McKelvey
    Stewart McKelvey
  • Article

    An Employer's Guide To Human Rights Law In Atlantic Canada

    Human rights legislation prohibits discrimination in specific contexts, including employment and the provision of services.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    The Cannabis Act - Getting into the Weeds

    The federal government's introduction of the Cannabis Act, the first step in the legalization of marijuana (or cannabis), has understandably triggered a wide range of reactions in the Canadian business community.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
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