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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November 20, 2017

Settlement Agreements: Essential Terms and the Importance of Consensus

A recent decision of the Supreme Court of Newfoundland and Labrador, Mifflin v North Atlantic Refining Limited, 2017 NLTD(G) 140, demonstrates that Employers may be held to a settlement agreement if a consensus is reached on its essential terms, despite there being a continuance of a dispute as to its non-essential terms.

November 17, 2017

A New Realm: Cyberspace, Cyber Liability and Cyber Liability Insurance

For any business today, the reality of day-to-day functioning and management involves mass-communication, networking, marketing, and the organization of important confidential information on secured computer networks.

November 14, 2017

Court Lifts Stay of Proceedings to Enforce Costs Award Against Spouse

Following eight years of protracted and acrimonious child custody litigation, the father of the children in question was awarded $200,000 in costs against their mother, who subsequently declared bankruptcy without having paid any of the costs award.

November 6, 2017

Case Commentary: Does the rule against “double-dipping” apply to a judicial annuity?

As the Honourable Madam Justice Newbury states in the opening paragraphs of the decision in Parrett v. Parrett, 2016 BCCA 151, the facts of this case are “unremarkable.”

November 1, 2017

Municipal Planning Appeals: Know the Odds

Cranes. Scaffolding. Orange vests and hard hats. Construction around Halifax keeps cruising along at an exciting pace.

October 30, 2017

Employer Misconduct Results in Moral Damages

The Ontario Court of Appeal in Doyle v. Zochem Inc., 2017 ONCA 130 recently upheld an award of $60,000 in “moral damages” to a former employee for the bad faith manner in which she was dismissed.

October 12, 2017

Case Law Highlights the Difficulties of Establishing Liability for Slip and Falls During Newfoundland and Labrador Winters

This newsletter will examine three court decisions that illustrate the challenge of proving liability for slip and fall incidents during Newfoundland and Labrador winters.

October 4, 2017

Changing Tides: Enforcement of Termination Provisions

From the employer’s perspective, one of the most beneficial terms in an employment contract is a prescribed notice period in the event of a “without cause” termination.