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.

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February 22, 2018

Municipal Conflict of Interest Workshop

The following presentation provides clarification on the Municipal Conflict of Interest Act.

January 31, 2018

Case Commentary: Noel v. Butler, 2016 NBCA 49 - Implications for Pension Division in Common-Law Relationships

The facts in Noel v. Butler, 2016 NBCA 49, [Noel] are not complicated. This was a fourteen year common law relationship spanning from approximately 1998 until 2012. Ms. Butler had been a teacher since 1985 and had pension with a commuted value of $909,286.51 as of the date of separation.

January 29, 2018

Can Employers Require Mandatory Unpaid Standby Duty?

The recent decision of the Supreme Court of Canada (SCC), Association of Justice Counsel v Canada (Attorney General), 2017 SCC 55, addressed the issue of whether a unionized employer can unilaterally introduce a policy requiring employees to provide unpaid standby duty.

January 16, 2018

NL Court Finds Standard Mortgage Clause Defeats Canada Revenue Agency “Deemed Trust” Provisions

This case involved competing claims to insurance proceeds payable following a fire loss to a building (the “Property”) owned by Elite Builders Inc. (“Elite”). The Property was insured by Travelers Canada (“Travelers”).

January 8, 2018

Notice of Delay: Simon says, “I am making a claim.”

Contrary to the perception that lawyers thrive in loopholes, when a dispute arises, the concepts of fair and reasonable are consistent. It is on that basis that most parties are able to work through disputes without commencing litigation.

December 4, 2017

Ontario’s New “Deferential” Approach to Planning Appeals – Lessons from Nova Scotia

Those interested in how the new planning appeals system in Ontario will operate may want to look East – to Nova Scotia. The Ontario government recently unveiled its proposal to overhaul the province’s land use planning appeals system.

November 29, 2017

The Exclusion for Intentional or Criminal Acts

Issues of the applicability of the intentional or criminal acts exclusion will arise in both the duty to defend context as well as with respect to the obligation to indemnify. As with any case that involves the interpretation of any aspect of an insurance policy, knowledge of the basic principles of insurance law developed by the Supreme Court of Canada is essential.