Posts by Kelly McKenna

Doctors 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 393

Health Group, Christopher Goodridge and Matthew Jacobs The 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. The appeal required the court to reconcile a patients’ access to medical services and a physicians’…

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The road forward: Nova Scotia government announces and seeks input on further regulatory changes regarding funding of defined benefit pension plans

Level Chan and Dante Manna The Province of Nova Scotia is soliciting stakeholder input on significant regulatory changes to the Pension Benefits Act (“PBA”) and Pension Benefits Regulations (“PBR”).  The solicitation is accompanied by a paper entitled “Improved Funding Framework for Nova Scotia Pension Plans: The Road Forward”, published May 13, 2019.  The paper contains…

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Changes to Canadian cannabis licensing application process

Kevin Landry Health Canada has announced changes to the cannabis licensing regime. These changes come ahead of the release of the cannabis edibles, extracts, and topicals amendments to the Cannabis Regulations expected to be released in the Canada Gazette Part II prior to October 2019. The changes Effective May 8, 2019 there are changes for…

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Caution – Reform ahead for Newfoundland and Labrador automobile insurance

Rodney Zdebiak and Anthony Granville On Monday, April 15, 2019, the Newfoundland and Labrador legislature passed a number of changes to the Automobile Insurance Act (“Act”) stating that the intent is to help stabilize insurance rates, enhance consumer protection and maintain access to justice for victims of motor vehicle accidents. The amendments make reference to the…

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Employer or employee: who owns social media accounts or contacts?

Grant Machum and Richard Jordan Employers carefully safeguard customer or client lists as confidential information. Gone are the days, however, where an employer’s customer list is only found in a Rolodex or in a closed database. Now, many employers and employees use social media channels to create, nurture and expand their customer base. What recourse…

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Paper light employment files

Grant Machum and Guy-Etienne Richard Maintaining employment files requires physical space and can be costly. Nowadays many employers are moving away from keeping paper files to electronic storage. This brings up two issues: Are employers required to keep a paper file if it is in electronic format? How long do employers need to retain employment…

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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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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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