ArticleProposed Limitation Of Actions Act changes: An Employer's PerspectiveCurrently, Nova Scotia does not have standardized limitation periods in its Limitation of Actions Act. CanadaEmployment and HRStewart McKelvey
ArticleTwo (Or More) Can Play At That Game!The interrelated contracts principle continues to gain momentum in Canadian contract law. CanadaEmployment and HRStewart McKelvey
ArticleDoctors 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 393The 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 SciencesStewart McKelvey
ArticleClient Update: Requirement To Register As A Lobbyist In New Brunswick CanadaGovernment, Public SectorStewart McKelvey
ArticleCaution – Reform Ahead For Newfoundland And Labrador Automobile InsuranceThe amendments make reference to the "regulations", but at this stage companion regulations have not been released.CanadaInsuranceStewart McKelvey
ArticleMental Injury? Expert Diagnosis Not RequiredOn June 2, 2017 the Supreme Court of Canada released its decision in Saadati v. Moorhead, 2017 SCC 28, clarifying the evidence needed to establish mental injury. CanadaInsuranceStewart McKelvey
ArticleThe Ordinary Meaning Of Insurance: Client Update On The SCC's Decision In SabeanThe Supreme Court of Canada released its decision in Sabean v Portage La Prairie Mutual Insurance Co, 2017 SCC 7 at the end of January, finally answering an insurance policy..CanadaInsuranceStewart McKelvey
ArticleAppeal Courts Uphold Substantial Costs Awards For RegulatorsProfessional regulators can incur substantial costs through discipline processes. These costs are often associated with investigations, hearings as well as committee member expenses...CanadaLitigation, Mediation & ArbitrationStewart McKelvey
ArticlePEI Auto Accident Benefits – Behind The Times No MoreSignificant changes are coming to the standard automobile policy in Prince Edward Island.CanadaLitigation, Mediation & ArbitrationStewart McKelvey
Article#SaveSunnyvale – Nova Scotia’s 2015 Budget And The Film Tax CreditNova Scotia’s Minister of Finance Diana Whalen hinted in the weeks leading up to yesterday’s budget announcement that the provincial government was planning on amending Nova Scotia’s Film Industry Tax Credit.CanadaMedia, Telecoms, IT, EntertainmentStewart McKelvey
ArticleAnother Appearance Release Holds Up In Dragons’ Den Case. (Ribeiro Et Al v. CBC, Ontario Court Of Appeal, November, 2013)This recent decision from Ontario’s highest court shows that appearance and production releases can achieve the producers’ desired result.CanadaMedia, Telecoms, IT, EntertainmentStewart McKelvey
ArticleAnti-Spam Just Got Real: CRTC Levies $1.1 Million Penalty for Sending Unsolicited Emailslkj;lkjCanadaMedia, Telecoms, IT, EntertainmentStewart McKelvey
ArticleCourt Upheld Municipality's Refusal To Disclose Investigation ReportA 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)...CanadaPrivacyStewart McKelvey
ArticleBenefits Plans Really Do Not Have To Cover The Sun, The Moon And The Stars (And Medical Cannabis)Employers, and benefit providers on their behalf, make policy decisions as to what drugs or benefits (including monetary limits) will be covered by benefit plansCanadaEmployment and HRStewart McKelvey
ArticleA Return To Reasonableness – Assessing Damages After Section D SettlementsAn uninsured driver strikes another vehicle, injuring its occupants. CanadaLitigation, Mediation & ArbitrationStewart McKelvey
ArticleAddiction At The Workplace: When Should "Denial" Be A Consideration In Accommodation Strategies?The appellant's approach amounts to a suggestion that even an employee in a highly safety sensitive position who knows precisely what he is doing can unilaterally and in a secretive manner disregard the profound safety obligations of his employment not only to the employer but to his co-workers.CanadaEmployment and HRStewart McKelvey
ArticleClient Update: Nova Scotia Labour Standard Code Changes – Domestic Violence Leave & Pregnancy / Parental EligibilityFollowing the various Stakeholder Consultations (which Stewart McKelvey participated in on behalf of Nova Scotia Employers) ...CanadaEmployment and HRStewart McKelvey
ArticleNew Regulation Under New Brunswick's Occupational Health And Safety Act Tackles Workplace Violence And Harassment – Coming Into Force April 1, 2019New Brunswick has recently introduced a new regulation under the Occupational Health and Safety Act on the topic of problematic workplace conduct. CanadaEmployment and HRStewart McKelvey
ArticleTime Off To VoteA Federal election has been called for Monday, October 19, 2015. Polls are open in Atlantic Canada from 8:30 a.m. to 8:30 p.m. CanadaEmployment and HRStewart McKelvey
ArticleClient Update: Bylaw Requirements Under The Municipal Government ActMunicipalities in Prince Edward Island entered a new era when the Municipal Government Act (the "MGA") was proclaimed into force on December 23, 2017. CanadaGovernment, Public SectorStewart McKelvey