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Atlantic Construction Counsel – Fall 2009

IN THIS ISSUE
Contractor Held Liable for Business Interruption: Heyes v. City of Vancouver, 2009 BCSC 651

When Can a Tendering Authority Walk Away if Bids are Too High? Crown Paving Ltd. v. Newfoundland & Labrador, 2009 NLCA 5

Drug and Alcohol Testing in the Construction Industry

Failure to Submit Unit Prices Results in Non-Compliant Tender: Halifax Regional Municipality v. England Paving & Contracting Limited, 2009 NSSC 224

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Client Update: Proposed reform of Ontario’s labour and employment statutes

May 30, 2017

Mark Tector and Annie Gray This morning, May 30, 2017, Ontario Premier Kathleen Wynne announced her government’s intention to introduce sweeping legislative reform of labour and employment laws. If passed, the proposed Fair Workplaces, Better Jobs Act, 2017 would…

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Get ready: CASL’s consent grace period ends July 1, 2017

May 19, 2017

Canada’s Anti-Spam Law (“CASL”) is a federal law in force since July 1, 2014, aimed at eliminating unsolicited and malicious electronic communications and requires organizations to comply with specific consent, disclosure and unsubscribe requirements when…

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Nothing fishy here: Federal Court dismisses application for judicial review in PIIFCAF case

May 18, 2017

Jennifer Taylor Introduction Kirby Elson had been fishing in Newfoundland and Labrador for about 50 years when the policy on Preserving the Independence of the Inshore Fleet in Canada’s Atlantic Fisheries (“PIIFCAF”) was introduced in…

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Client Update: The Cannabis Act – Getting into the Weeds

May 9, 2017

Rick Dunlop, David Randell, Christine Pound, Sadira Jan and Kevin Landry 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…

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The Latest in Employment Law: A Stewart McKelvey Newsletter – Amendments to the Occupational Health and Safety Act, SNS 1996, c 7

May 9, 2017

Mark Tector and Annie Gray On April 26, 2017, the Government of Nova Scotia announced that amendments to the Occupational Health and Safety Act, which were passed in May of 2016, will officially come into force as of June…

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Client Update: CPP disability benefits are deductible from awards for loss of earning capacity and loss of income in MVA claims

May 4, 2017

On May 2, 2017, the Nova Scotia Court of Appeal issued a significant decision in Tibbetts v. Murphy, 2017 NSCA 35, on the proper interpretation of s. 113A of the Insurance Act. Specifically the issue was whether…

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Protests and injunctions: is the presence of journalists a material fact for the court?

April 24, 2017

Joe Thorne and Amanda Whitehead A fundamental principle of our legal system is that all parties to a dispute should be given the opportunity to be heard. However, the law recognizes that some circumstances warrant speedy judicial…

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Damages for minor injuries in Nova Scotia: a new case on the new cap

April 20, 2017

Damages for pain and suffering are capped for Nova Scotians who are injured in motor vehicle accidents if their injuries are considered “minor.” The cap was amended for accidents occurring on or after April 28,…

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The Latest in Employment Law: A Stewart McKelvey Newsletter – “You gotta have (good) faith” … Terminating without notice during the probationary period

April 19, 2017

Grant Machum & Sean Kelly A recent decision from the Supreme Court of British Columbia, Ly v. British Columbia (Interior Health Authority) 2017 BCSC 42, provides helpful clarification of the law on termination of probationary employees on the basis…

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Municipality liable for failing to ensure visitor was reasonably safe in Municipal Public Park

April 19, 2017

Perlene Morrison and Hilary Newman The Supreme Court of Canada recently declined to hear an appeal from the Ontario Court of Appeal decision in Campbell v Bruce (County), 2016 ONCA 371. The Court of Appeal confirmed the lower court finding…

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