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Discovery: Atlantic Education & the Law – Issue 05

We are pleased to present the fifth issue of Discovery, our very own legal publication targeted to educational institutions in Atlantic Canada.

As the pace around campus turns up as universities and colleges begin a new year, our lawyers discuss several important legal issues impacting educational institutions including cybersecurity, student evaluations, student lawsuits, workplace investigations, brand management, sexual harassment and human rights.

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Client Update: “Lien”-ing Towards Efficiency: Upcoming Amendments to the Builders’ Lien Act

June 29, 2017

By Brian Tabor, QC and Colin Piercey Bill 81 and Bill 15, receiving Royal Assent in 2013 and 2014 respectively, are due to take effect this month. On June 30, 2017, amendments to the Builders’…

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Weeding Through New Brunswick’s Latest Cannabis Recommendations

June 26, 2017

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. New…

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Client Update: Elk Valley Decision – SCC Finds that Enforcement of “No Free Accident” Rule in Workplace Drug and Alcohol Policy Does Not Violate Human Rights Legislation

June 23, 2017

Rick Dunlop and Richard Jordan 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 the dismissal of an…

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Client Update: The Grass is Always Greener in the Other Jurisdiction – Provincial Acts and Regulations under the Cannabis Act

June 22, 2017

By Kevin Landry New Brunswick’s Working Group on the Legalization of Cannabis released an interim report on June 20, 2017. It is a huge step forward in the legalization process and the first official look at how legalization…

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Client Update: Cannabis Act regulations – now we are really getting into the weeds!

June 15, 2017

Rick Dunlop and Kevin Landry As we explained in The Cannabis Act- Getting into the Weeds, the Cannabis Act introduces a regulatory regime for recreational marijuana in Canada. The regime promises to be complex. The details of legalization will be…

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Client Update: Requirement to register as a lobbyist in New Brunswick

June 15, 2017

On April 1, 2017, the New Brunswick Lobbyists’ Registration Act was proclaimed into force (the “Act”), requiring active professional consultant or in-house lobbyists to register and file returns with the Office of the Integrity Commissioner of New…

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How much is too much?: Disclosure in multiple accident litigation in English v House, 2017 NLTD(G) 93

June 14, 2017

Joe Thorne and Jessica Habet 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? In English v.…

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Client Update: Court of Appeal confirms accounting firms may take on multiple mandates for the same company

June 14, 2017

Neil Jacobs, QC, Joe Thorne and Meaghan McCaw The Newfoundland and Labrador Court of Appeal recently confirmed that accounting/auditing firms may take on several mandates in respect of companies that may or do become insolvent in Wabush Hotel Limited…

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Negligence claims in paper-only independent medical examinations: Rubens v Sansome, 2017 NLCA 32

June 13, 2017

Joe Thorne and Brandon Gillespie An independent medical examination (“IME”) is a useful tool for insurers. An IME is an objective assessment of the claimant’s condition for the purpose of evaluating coverage and compensation. Where a…

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Client Update: Mental injury? Expert diagnosis not required

June 12, 2017

On 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. Neither expert evidence nor a diagnosed psychiatric illness…

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