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Discovery: Atlantic Education & the Law – issue 04

We are pleased to present the fourth issue of Discovery, our very own legal publication targeted to educational institutions in Atlantic Canada.

While springtime for universities and colleges signal the culmination of classes, new graduates and a slower pace around campus, it doesn’t mean legal issues can be put on hold. In this edition, our lawyers discuss an array of topics including discrimination claims in scholarships, student travel liability, alternative dispute resolution and cannabis.

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New Brunswick’s new Enduring Powers of Attorney Act

August 10, 2020

Gerald McMackin, QC and Christopher Marr, TEP New Brunswick joined the rest of Canada in enacting legislation that deals solely with powers of attorney when the Enduring Powers of Attorney Act (“Act”) came into force…

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Prince Edward Island Labour and Employment legislative changes

July 31, 2020

Murray Murphy, QC, CPHR and Kate Jurgens Three new bills have been introduced in the most recent sitting of the Prince Edward Island legislature. In the employment setting Bill 38 aims to address the prevalence…

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Game over for waiver of tort

July 27, 2020

Jennifer Taylor   The Supreme Court of Canada has finally put an end to the “waiver of tort” debate.   After years of uncertainty, a majority of the Court confirmed in Atlantic Lottery Corp Inc…

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COVID-19 – potential liability for municipalities

July 21, 2020

Stephen Penney and Justin Hewitt As municipalities begin opening up recreational facilities in Alert Level 2 of the COVID-19 public health emergency implemented by the Provincial Government, Municipalities Newfoundland and Labrador has been receiving inquiries…

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Applicability of business tax where operations limited

July 21, 2020

There is no obligation upon a municipality to reduce a business tax due to limited operations secondary to the COVID-19 pandemic. A municipality does, however, have the discretion to offer business tax relief. If a…

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You’re more essential than you think: it is crunch time for Newfoundland and Labrador employers to avail of Essential Worker Support Program

July 9, 2020

Ruth Trask and John Samms Newfoundland and Labrador employers who continued operations this spring during Alert Levels 4 and 5 of the COVID-19 pandemic should take note of a new program offered by the provincial…

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New Brunswick regulator seeks input on changes to defined benefit pension plan funding

July 8, 2020

Christopher Marr, TEP & Lauren Henderson As defined benefit pension plans (“DB Plans”) throughout Canada continue to face funding challenges due to mounting solvency deficits, the New Brunswick Financial and Consumer Services Commission (“FCNB”) is…

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Downey v Nova Scotia: clarifying the process under the Land Titles Clarification Act

July 8, 2020

Jennifer Taylor   The Supreme Court of Nova Scotia has acknowledged the ongoing impact of systemic racism against African Nova Scotians in an important decision on the Land Titles Clarification Act (“LTCA”).   The case,…

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Entry of business persons to Canada under CUSMA

July 3, 2020

Effective July 1, 2020, the North American Free Trade Agreement (“NAFTA”) was officially replaced by the Canada-United States-Mexico Agreement (“CUSMA”). Like NAFTA, CUSMA contains provisions for the temporary entry of foreign “business persons” to Canada…

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The Supreme Court of Canada paves the way for class action lawsuit against Uber

June 26, 2020

Killian McParland and Jennifer Thompson In a decision released earlier today, Uber Technologies Inc. v. Heller¹, the Supreme Court of Canada determined that an agreement requiring Uber drivers to go to arbitration instead of suing…

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