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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,…

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Pension plan recovers overpayments made to deceased

Level Chan and Dante Manna On October 31, 2019, the Supreme Court of Canada issued its decision in Threlfall v Carleton University, 2019 SCC 50, dismissing an appeal from the Quebec Court of Appeal. Carleton University successfully recovered $497,332.64 of pension payments it had made in respect of a retiree, Mr. R, after his death.…

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Diversity disclosure under the Canada Business Corporations Act

Andrew Burke, Colleen Keyes and David Slipp Starting January 1, 2020 “Distributing Corporations” under the Canada Business Corporations Act (“CBCA”) will be subject to new disclosure requirements relating to the diversity of directors and senior management. Who will be affected by these changes? This new legislation will only affect entities existing under the CBCA that…

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The Crown of Copyright

Daniela Bassan Last month, the Supreme Court of Canada released its much-anticipated decision in Keatley Surveying Ltd. v Teranet Inc., 2019 SCC 43. This was a certified class proceeding on behalf of all land surveyors in Ontario who registered or deposited plans of survey in the provincial land registry offices.  The surveyors claimed that the…

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Employer obligations for the October 21 federal election

Killian McParland With the federal election coming up next week on October 21, 2019, it is a good time for a reminder of the employer obligations under the Canada Elections Act. Employees who are eligible to vote (Canadian citizens who are 18 years of age or older) are entitled to have three consecutive hours while…

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New occupational health and safety legislation regarding harassment effective in Newfoundland and Labrador January 1, 2020

Twila Reid and Kara Harrington On January 1, 2020, changes to the Newfoundland and Labrador Occupational Health and Safety Regulations, 2012 (“Regulations”) will take effect. These changes impact employers in a variety of ways, most notably requiring employers to: develop written harassment prevention plans, conduct risk assessments, protect workers from potential family violence in the…

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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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