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Client Update: Truth or Consequences – The New Duty of Honest Performance in Commercial Contracts

The Supreme Court of Canada’s unanimous decision in the breach of contract case Bhasin v Hrynew, 2014 SCC 71 was released on November 13, 2014. The case is important in the law of contracts because it creates a duty of honest contractual performance that is new to Canadian common law. It also seeks to clarify how good faith, as an organizing principle, fits into the law of contract more generally.

Two Stewart McKelvey blogs have tackled the decision and you can access the posts here:

Rob Aske’s post for The Medium, Stewart McKelvey’s entertainment & IT law blog – Good Faith is now a part of all Canadian commercial contracts

Jennifer Taylor’s post for Bench Press, Stewart McKelvey’s civil litigation blog – Truth or…Breach of Contract: The SCC’s decision in Bhasin v Hrynew

The foregoing is intended for general information only and is not intended as legal advice. If you have any questions, please contact Rob Aske.

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Proposed Changes to the Employment Standards Act (New Brunswick)

September 29, 2015

The New Brunswick government is seeking feedback from stakeholders on proposed changes to the Employment Standards Act (“Act”). The proposed changes relate to: – the statutory minimum wage; – employment protections for young workers; and – coverage…

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Client Update: Time Off To Vote

September 29, 2015

OCTOBER 19, 2015 – FEDERAL ELECTION   A Federal election has been called for Monday, October 19, 2015. Polls are open in Atlantic Canada from 8:30 a.m. to 8:30 p.m. Advance polls are open from…

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Client Update: Automobile Tort Recovery Limitations Regulations Repealed

September 28, 2015

As of August 1, 2015, section 4 of the Nova Scotia Automobile Tort Recovery Limitations Regulations was repealed. This section previously set the discount rate for future losses in automobile tort claims at 3.5%. The repeal…

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Client Update: Nova Scotia Consultation on Pooled Registered Pension Plan (PRPP) Regulations

September 11, 2015

On September 9, 2015, the Nova Scotia Department of Finance and Treasury Board opened a consultation on draft Regulations for Pooled Registered Pension Plans (PRPPs). The draft Regulations and an FAQ are posted online. PRPPs are…

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Back to (Limitations) School: Nova Scotia’s new Limitation of Actions Act in force September 1st

September 1, 2015

By Jennifer Taylor – Research Lawyer September used to mean one thing: back to school. This year, Nova Scotia lawyers get a fresh learning opportunity of a different sort. It comes in the form of the new Limitation…

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Atlantic Employers’ Counsel – Summer 2015

August 24, 2015

THE EDITORS’ CORNER Michelle Black and Sean Kelly Aaah, summer – that long anticipated stretch of lazy, lingering days, free of responsibility and rife with possibility. It’s a time to hunt for insects, master handstands, practice swimming…

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Client Update: Government of Canada Improvements to Procurement Integrity Provisions

July 13, 2015

The New Public Contracting World As part of an ongoing initiative aimed at ensuring Canada only does business with ethical suppliers, Public Works and Government Services Canada (“PWGSC”) has introduced changes to its Integrity Regime…

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Client Update: Future CPP disability benefits are deductible under the SEF 44 in Nova Scotia

June 4, 2015

In an important case for insurance practice in Nova Scotia, the Court of Appeal has confirmed that the value of future CPP disability benefits is deductible under the SEF 44 family protection endorsement. Justice Scanlan wrote the…

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Client Update: Changes to the Venture Issuer Regime Effective June 30, 2015

May 13, 2015

In order to streamline the continuous disclosure obligations of venture issuers, the Canadian Securities Administrators (“CSA”) are implementing amendments to the national instruments and companion policies listed below, that will come into force across Canada…

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Client Update: New Nova Scotia Pension Benefits Act and Regulations effective June 1, 2015

April 23, 2015

On April 21, 2015, the Nova Scotia government declared that the new Pension Benefits Act (passed in 2011) and new Pension Benefits Regulations will come into effect on June 1, 2015. The new Regulations follow the new Act and draft Regulations summarized in…

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