Posts by Kelly McKenna

Proposed Workplace Harassment and Violence Prevention Regulations under the Canada Labour Code

Rick Dunlop and Madeleine Coats The proposed Workplace Harassment and Violence Prevention Regulations (“Regulations”) will replace the current workplace violence obligations in the Canada Occupational Health and Safety Regulations. Although the Regulations will likely not take effect in 2019, federally regulated employers should start thinking now about the ramifications of these Regulations on their workplaces.…

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The Prince Edward Island Labour Relations Board carves out a group of firefighters from an existing bargaining unit

Hilary Foster Earlier this year, the Prince Edward Island Labour Relations Board (“Board”) issued a decision¹ wherein it certified the Charlottetown Professional Firefighters Association (“Association”) as bargaining agent for: All employees of the City of Charlottetown Fire Department below the rank of Deputy Chief, including Engineers, Assistant Engineers, Fire Inspectors, Fire Prevention Officers, Firefighter II’s,…

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The New Brunswick Labour and Employment Board affirms longstanding practice against piecemeal certification of bargaining units

Bryan Mills and John Morse On May 21, 2019, the New Brunswick Labour and Employment Board (”Board”) dismissed an application by the New Brunswick Union of Public and Private Employees (“Union”) seeking certification as bargaining agent for three of Cannabis NB’s retail stores. The Board concluded that the bargaining unit proposed by the Union was…

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Carbon pricing: Ontario Court of Appeal delivers constitutional endorsement

Jonathan Coady and Justin Milne The Ontario Court of Appeal has found that the Greenhouse Gas Pollution Pricing Act¹ is valid federal legislation.² The Act implements national minimum pricing standards to reduce greenhouse gas (“GHG”) emissions. In a divided 4-1 opinion, the Ontario Court of Appeal concluded that the Act is constitutional and falls within the…

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A Charter right to testamentary freedom? The NSSC decision in Lawen Estate

Richard Niedermayer, TEP, Jennifer Taylor and Bhreagh Ross, summer student There is a right to testamentary freedom under section 7 of the Charter, according to a recent decision of the Nova Scotia Supreme Court. In Lawen Estate v Nova Scotia (Attorney General), Justice Bodurtha found two provisions of the Nova Scotia Testators’ Family Maintenance Act…

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Hydro-Quebec now subject to annual energy cap, but not a monthly cap, under much-disputed 1969 power contract: Churchill Falls (Labrador) Corp. v Hydro-Quebec, 2019 QCCA 1072

John Samms Introduction Much ink has been spilled on the controversial 1969 power contract between Hydro-Quebec and CFLCo (the contract) and last week the Quebec Court of Appeal added to the pile with its decision in Churchill Falls (Labrador) Corp. v Hydro-Quebec, 2019 QCCA 1072. The contract at issue in the decision allowed Hydro-Quebec to…

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Final cannabis edibles, topicals and extracts regulations released

Kevin Landry On June 14, 2019, Health Canada announced the release of the final version of amendments to the Cannabis Regulations, which will permit for the production and sale of edibles, extracts and topicals. The announcement follows recent changes to the cannabis licensing regime and was preceded by a 60-day consultation period on the strict…

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Trademark changes

Daniela Bassan and Divya Subramanian The Canadian Trade-marks Act will be amended effective June 17, 2019. As a result, the Act will undergo a complete overhaul on various aspects of trademark prosecution, registration, and enforcement. These changes include: Elimination of the “use” requirement in trademark applications Expansion of the definition of trademark to cover non-traditional…

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Discovery: Atlantic Education & the Law – issue 04

We are pleased to present the fourth issue of Discovery, our very own legal publication targeted to educational institutions in Atlantic Canada. While springtime for universities and colleges signal the culmination of classes, new graduates and a slower pace around campus, it doesn’t mean legal issues can be put on hold. In this edition, our…

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How employers can protect themselves with respect to social media

Grant Machum and Richard Jordan   In an earlier article, we considered an employer’s options when an employee departs and takes with them the social media contacts they have obtained during the course of their employment.  We concluded, with reference to the emerging case law on this topic in the United States and the United…

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