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  • Article

    Don’t Spend It All In One Place: Federal Pension Regs Permit Variable Benefits & Update Investment Rules

    In March 2015, the federal government registered amendments to the regulations of the Pension Benefits Standards Act, 1985 (the "Regulations") and the Pooled Registered Pension Plans Act.
    CanadaFinance and Banking
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Weeding Through New Brunswick's Latest Cannabis Recommendations

    New Brunswick continues to be a thought leader in the field of regulation of recreational cannabis and provides us with a first look at what the provincial regulation of recreational cannabis might look like.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Automobile Tort Recovery Limitations Regulations Repealed

    As of August 1, 2015, section 4 of the Nova Scotia Automobile Tort Recovery Limitations Regulations was repealed.
    CanadaInsurance
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Re: Sound Tariff – 6B Or Not 6B

    As noted in a previous blog post on Re:Sound tariffs, Re:Sound Tariff No. 6.B (Use of Recorded Music to Accompany Physical Activities), sets the royalties to be paid for the performance in public or communication to the public of published sound recordings in any indoor or outdoor venue for the purposes of fitness, training, skating, dance instruction or any other physical activity.
    CanadaIntellectual Property
    Stewart McKelvey
    Stewart McKelvey
  • Article

    What’s In A Name? (Why There Is No Copyright In Your Name)

    The Alberta Court of Queen’s Bench recently had to deal with a bizarre case in which the defendant obtained a Mastercard from Bank of Montreal, used it for 15 years, made payments on it for 15 years and then stopped paying it: Bank of Montreal v. Rogozinsky, 2014 ABQB 771.
    CanadaIntellectual Property
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Professionally Speaking: Ontario Superior Court Upholds Professional Regulators' Right To Moderate Speech

    On August 23, 2023, the Ontario Superior Court ("ONSC") upheld a complaints decision which ordered a psychologist to complete a continuing education or remedial program regarding professionalism in public statements.
    CanadaLaw Department Performance
    Stewart McKelvey
    Stewart McKelvey
  • Article

    The Jury Knows Best

    Of late, juries in Nova Scotia have taken quite a beating.
    CanadaLitigation, Mediation & Arbitration
    Stewart McKelvey
    Stewart McKelvey
  • Article

    The AGNS, Annie Leibovitz And The Naked Gun Lesson In Permissible Parody

    I joined with many last week who were thrilled to hear that a collection of iconic photos by celebrity photographer Annie Leibovitz has landed a permanent home at the Art Gallery of Nova Scotia.
    CanadaMedia, Telecoms, IT, Entertainment
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Offensive And Threatening Facebook Post Is Just Cause

    A recent arbitration decision from Newfoundland and Labrador demonstrates how Facebook postings are essentially a broadcast of an individual’s personal thoughts to the world at large.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Recognizing Subtle Discrimination In The Workplace: Insights From Recent Legal Cases

    Subtle discrimination can have a much stronger and longer effect on employees when not properly addressed. It can also result in costly consequences for an employer...
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    New Occupational Health And Safety Legislation Regarding Harassment Effective In Newfoundland And Labrador January 1, 2020

    One of the key changes of the Regulations is the addition of "family violence" to the employer's purview.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    The Offshore Renewable Energy Area: Navigating Offshore Commitments In Newfoundland And Labrador

    A recent Government of Newfoundland and Labrador ("GNL") announcement affirms the Province's swift and ambitious approach to offshore wind development.
    CanadaEnergy and Natural Resources
    Stewart McKelvey
    Stewart McKelvey
  • Article

    When Harassment Is Not Harassment

    There is more and more discussion today about harassment and bullying in the workplace.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Beastie Boys And Toys: Verse 2

    As interesting as the dispute between the Beastie Boys and GoldieBlox already is, there is another aspect to this dispute that makes it even more fascinating.
    CanadaIntellectual Property
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Elk Valley Decision – SCC Finds That Enforcement Of "No Free Accident" Rule In Workplace Drug And Alcohol Policy Does Not Violate Human Rights Legislation

    In Stewart v. Elk Valley Coal Corporation, 2017 SCC 30, a six-judge majority of the Supreme Court of Canada ("SCC") confirmed a Tribunal decision which concluded that …
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    10 Tips For Respectful Workplace/ Harassment Investigations

    Workplace investigations are not only a best practice when addressing a respectful workplace and/or harassment investigation...
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Doctors Must Provide ‘Effective Referrals' For Medical Services They Oppose On Religious Grounds: Christian Medical And Dental Society Of Canada v. College Of Physicians And Surgeons Of Ontario, 2019 ONCA 393

    The Ontario Court of Appeal confirmed in a decision released on May 15, 2019 that doctors must provide an ‘effective referral' where they are unwilling to provide care on moral or religious grounds.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Caution – Reform Ahead For Newfoundland And Labrador Automobile Insurance

    The amendments make reference to the "regulations", but at this stage companion regulations have not been released.
    CanadaInsurance
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Appeal Courts Uphold Substantial Costs Awards For Regulators

    Professional regulators can incur substantial costs through discipline processes. These costs are often associated with investigations, hearings as well as committee member expenses...
    CanadaLitigation, Mediation & Arbitration
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Court Upheld Municipality's Refusal To Disclose Investigation Report

    A recent decision out of the Court of King's Bench of New Brunswick, upheld the Municipality of Tantramar's decision to withhold a Workplace Assessment Report under section 20(1)...
    CanadaPrivacy
    Stewart McKelvey
    Stewart McKelvey

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