Knowledge & Perspective

Staying current is critical. We're pleased to provide insight and updates on case law and legislation that are relevant to our clients.

February 16, 2017

The Duty to Defend Does Not Arise Until Notice of the Claim is Given

When does an insurer's duty to defend arise? More specifically, does it arise before the insurer is given notice of the claim? That is the fundamental question addressed by this case.

February 10, 2017

Tort of Unauthorized Public Disclosure of Private Facts in State of Flux Following Overturn of Default Judgment

We have recently learned that the Ontario Superior Court of Justice will be re-visiting the January 2016 decision granting default judgment in the case of Jane Doe 464533 v. ND.

February 1, 2017

Supreme Court of Canada Rules Future CPP Benefits Not Deductible Under an SEF 44 Claim

This case dealt with the narrow issue of whether the value of future CPP benefits are deductible under an SEF 44 claim.

January 30, 2017

Implied Undertaking Rule Inapplicable in Context of Independent Medical Examination

In this case, the Newfoundland & Labrador Court of Appeal considered the scope of the implied undertaking rule in circumstance involving an independent medical examination.

January 26, 2017

No Obligation to Pay Long Term Incentive Bonus Upon Termination

The Alberta Court of Appeal clarified the law with respect to how long-term incentive plans should be treated when an employee is terminated.

January 24, 2017

New Summary Judgment Motion Rule Introduced in New Brunswick: More Than Just a Tool to Dismiss Meritless Claims

As of January 1, 2017, Rule 22 of the New Brunswick Rules of Court for ‘Summary Judgment’ was repealed and replaced. Rule 22 for Summary Judgment has now been transformed from a means to weed out unmeritorious claims to a significant alternative model of adjudication.

January 23, 2017

Pregnancy Quips Perpetuate Gender Discrimination

Yes, it’s 2017, but gender discrimination continues to persist in many workplaces. Discrimination in employment on the basis of gender is contrary to human rights legislation and leaves an employer vulnerable to liability for its wrongful conduct.

January 10, 2017

Navigating Employment Law Tricky For Startups

So, you want to launch a business in Nova Scotia? Well, whether you want to disrupt the tech sector, break the Internet or brew some sour beer, you are going to need to understand what it means to be an employer subjected to a litany of employment laws.