Posts by Kelly McKenna

Client Update: Nova Scotia announces changes to defined benefit pension funding

Level Chan and Dante Manna On March 12, 2019, the Nova Scotia legislature introduced long anticipated amendments to the Pension Benefits Act (“PBA”) which, according to a statement by Finance Minister Karen Casey, are aimed to “provide more flexibility and improve the stability of defined-benefit pension plans”. In pursuit of this goal, Bill 109, which…

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Client Update: Supreme Court rules bankrupt companies cannot walk away from their environmental liabilities in Redwater decision

Julia Parent and Graham Haynes In the long-awaited decision in the case of Orphan Well Association v Grant Thornton Ltd, the Supreme Court of Canada held that end-of-life environmental cleanup obligations imposed by Alberta’s provincial regulatory scheme on bankrupt oil and gas companies take priority over all bankruptcy claims, including secured creditor claims. The trustee’s…

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Client Update: Richards Estate sets the limits on actions against LTD insurers

Michelle Chai & Jennifer Taylor Justice Ann Smith of the Supreme Court of Nova Scotia recently dismissed an action against a disability insurer for being out of time. The case, Richards Estate v Industrial Alliance Insurance and Financial Services, helpfully reviews the interplay between the Insurance Act, the Limitation of Actions Act, and the test…

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Client Update: Outlook for the 2019 proxy season

In preparing for the 2019 proxy season, you should be aware of some regulatory changes and institutional investor guidance that may impact disclosure to, and interactions with, your shareholders. This update highlights what is new in the 2019 proxy season. What’s new in institutional investor commentary Glass Lewis & Co. (“Glass Lewis”) and Institutional Shareholder…

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Client Update: New regulation under New Brunswick’s Occupational Health and Safety Act tackles workplace violence and harassment – coming into force April 1, 2019

Chad Sullivan and Bryan Mills New Brunswick has recently introduced a new regulation under the Occupational Health and Safety Act on the topic of problematic workplace conduct. The change will bring New Brunswick in line with the other provinces, all of which already have some form of legislation in place on this topic. The new…

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Client Update: Not a “token gesture”: Nova Scotia Court of Appeal confirms deductibility of future CPP disability benefits from tort damages

Jennifer Taylor In an important decision for the auto insurance industry, the Nova Scotia Court of Appeal has confirmed that future CPP disability benefits are indeed deductible from damages awarded in Nova Scotia cases for future loss of earning capacity or future loss of income. The case is Sparks v Holland. It is a sequel,…

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2018 Year in Review: Atlantic Canada Labour & Employment Law Developments

We can all make 2019 a success by building on the year that was. For employers, 2018 was a year of many notable developments in labour and employment law across the country. We saw Ontario enact significant legislative changes only to roll many of them back following a turnover in government; the federal government propose…

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Client Update: Atlantic Canada pension and benefits countdown to 2019

Level Chan and Dante Manna As 2018 comes to an end, we countdown some pension and employee benefits developments in the last year that we anticipate may lead to developments in 2019. Discrimination in benefits and pension plans Medical cannabis – The Nova Scotia Court of Appeal confirmed in Board of Trustees of the Canadian…

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Client Update: Canada’s Proposed Cannabis Edibles, Extracts and Topicals Regulations Revealed

Kevin Landry The first look at regulations for cannabis edibles, extracts and topicals has arrived. The Federal Government has opened a 60-day consultation period respecting the strict regulation of additional cannabis products. Notice of the consultation was accompanied by release of a document titled: Proposed Regulations Amending the Cannabis Regulations (New Classes of Cannabis) And Proposed Order Amending Schedules…

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