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Atlantic Construction Counsel – Fall 2009

IN THIS ISSUE
Contractor Held Liable for Business Interruption: Heyes v. City of Vancouver, 2009 BCSC 651

When Can a Tendering Authority Walk Away if Bids are Too High? Crown Paving Ltd. v. Newfoundland & Labrador, 2009 NLCA 5

Drug and Alcohol Testing in the Construction Industry

Failure to Submit Unit Prices Results in Non-Compliant Tender: Halifax Regional Municipality v. England Paving & Contracting Limited, 2009 NSSC 224

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Client Update: Adopting the changes – amendments to the New Brunswick Family Services Act lead to opening of sealed adoption records

June 4, 2018

Vasu Sivapalan and Meg Collins On May 5, 2017, An Act Respecting the Opening of Sealed Adoption Records (“Act”) received royal assent, leading to significant changes for birth parents and adoptees across the province. As…

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Client Update – Protecting the innocent in property insurance: recent amendments to Nova Scotia’s Insurance Act limit “criminal or intentional act” exclusion clauses

May 29, 2018

Jennifer Taylor Recent amendments to the Nova Scotia Insurance Act are designed “to protect the financial interests of an innocent person when the person’s property is damaged by another person with whom that person shares…

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Countdown to Cannabis: A Stewart McKelvey Newsletter: The legalization of cannabis: 7 reasons why employers should take notice

May 24, 2018

Brian G. Johnston, QC Cannabis legalization is coming. The legislation is expected to pass by July with legalization becoming effective by September. Employers should take notice because: 1. There is already a lot of cannabis…

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Client Update: Negligence: what is reasonably foreseeable?

May 24, 2018

Janet Clark and Sean Seviour A recent decision from the Supreme Court of Canada clarifies determination of what is “reasonably foreseeable”: Rankin (Rankin’s Garage & Sales) v J.J., 2018 SCC 19.  The case involved two…

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Client Update: Limitation periods & denial of LTD benefits: the NSSC decision in Cameron

May 9, 2018

Jennifer Taylor & Michelle Chai A recent Supreme Court decision tackled two issues that have proven complex in Nova Scotia law: summary judgment and limitation periods. The Plaintiff in Cameron v Nova Scotia Association of…

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Client Update: Medical marijuana found to be undue hardship in safety sensitive positions – the problem of residual impairment

May 1, 2018

Brian G. Johnston, QC The Arbitrator in Lower Churchill Transmission Construction Employers’ Association and IBEW, Local 1620 dismissed a grievance on April 30, 2018 concluding: The Employer did not place the Grievor in employment at…

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Client Update: Benefits plans really do not have to cover the sun, the moon and the stars (and medical cannabis)

April 13, 2018

Rick Dunlop and Richard Jordan Employers, and benefit providers on their behalf, make policy decisions as to what drugs or benefits (including monetary limits) will be covered by benefit plans. The Board of Trustees in…

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Client Update: Court Confirms: Credibility is a Key Factor In Personal Injury Awards (Ryan V. Curlew, 2018 NL SC)

April 10, 2018

Erin Best The decision of Justice Handrigan in Ryan v. Curlew is the first motor vehicle accident personal injury decision to come out of the Newfoundland and Labrador courts in quite some time. The case…

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Client Update: Does your business need a spring privacy tune-up? Breach reporting and Europe’s GDPR are about to hatch

April 6, 2018

Rob Aske The arrival of spring should bring thoughts of renewal… to your privacy practices. Breach reporting under PIPEDA Canada’s federal privacy law known by the acronym PIPEDA (Personal Information Protection and Electronic Documents Act)…

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Client Update: Untenable tenure: discrimination complaint from Indigenous professor dismissed

March 22, 2018

Chad Sullivan Overview An Indigenous law professor filed a human rights complaint against the University of British Columbia claiming the university discriminated against her in failing to consider her less traditional scholarly work as akin…

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