December 14, 2018
We are pleased to announce that two new lawyers have been admitted to the McInnes Cooper Partnership, effective January 1, 2019.
Alex Templeton (St. John’s) maintains a litigation practice focusing on contracts, insurance, regulatory enforcement, natural resources and energy projects, privacy and access to information, and professional liability disputes. He regularly represents public institutions (universities, colleges, municipalities) and private companies in a variety of industry sectors (oil and gas, energy, mining, insurance, construction, telecommunications). He has appeared before all levels of court in Newfoundland and Labrador, as well as before the Federal Court of Canada and numerous boards and tribunals.
David Wallace (Halifax) has a broad practice, with a focus on mergers and acquisitions, corporate finance and securities, venture capital financing, corporate law, information technology, sports and entertainment and privacy. He has extensive experience in establishing business structures and the negotiation of various corporate and commercial agreements, including asset and share purchase agreements, IT outsourcing agreements, franchise agreements and joint venture agreements. He advises clients in various industries across multiple sectors on a range of regulatory and general corporate law matters. David is the co-lead of the firm’s start-up group.
We congratulate both our new Partners on their career achievements as they continue their commitment to the understanding of the law and client needs in their respective fields.
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Jan 27, 2023
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Jan 26, 2023
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Jan 25, 2023
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Jan 19, 2023
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Dec 14, 2022
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Nov 10, 2022
Updated August 8, 2023. October 2022 amendments to the N.S. Renewable Electricity Regulations ushered in a new Commercial Net-metering regime…
Oct 28, 2022
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Jul 20, 2022
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Jul 18, 2022
The Supreme Court of Canada’s “Jordan” framework, introducing strict timelines for determining unreasonable delay in the context of…
Jun 30, 2022
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Jun 24, 2022
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Jun 6, 2022
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Apr 18, 2022
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Mar 31, 2022
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Mar 29, 2022
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Feb 8, 2022
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Feb 3, 2022
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Jan 25, 2022
More and more people are using smart contracts: the global smart contracts market was valued at USD $145M in 2020; it’s projected to be valued…
Dec 16, 2021
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Nov 12, 2021
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Nov 10, 2021
On November 5, 2021, the Province of Nova Scotia passed the Environmental Goals and Climate Change Reduction Act. The Act will serve as the…
Oct 29, 2021
The New Brunswick Reduction of Greenhouse Gas Emissions Regulation, effected under the N.B. Climate Change Act, establishes specific…
Oct 29, 2021
On October 21, 2021, the Supreme Court of Canada clarified the law concerning the circumstances in which government organizations - including…
Oct 19, 2021
Canada’s aquaculture industry is poised for growth but that growth is being challenged by regulatory uncertainty and a lack of confidence…
Sep 23, 2021
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Aug 3, 2021
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Jul 27, 2021
Canadian entities regularly contract with foreign companies to provide services in Canada. To complete its obligations under the contract, the…
Jun 24, 2021
Many employers use equity compensation plans like employee stock option plans to attract, motivate, and retain talent. One reason stock options…
Jun 1, 2021
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Apr 13, 2021
On April 7, 2021, the Nova Scotia government introduced Bill 97, amendments to the N.S. Electricity Act aimed at growing the solar industry in…
Mar 26, 2021
Merger and acquisition deals are still happening across all sectors, perhaps at an even higher rate than pre-COVID-19 pandemic, even if the…
Mar 18, 2021
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Mar 1, 2021
The Supreme Court of Canada continues to develop and clarify the organizing principle of good faith performance in contract law. In its 2014…
Feb 12, 2021
Estate planning is a customized process; the goal is to create a plan that’s best for a person’s unique situation. And while all estate…
Feb 12, 2021
An ever increasing number of people originally from China now reside in Canada. It is more important than ever to recognize and understand the…
Jan 26, 2021
Updated March 4, 2022. Privacy is critical to every business in every sector, including startups and growing businesses: to comply with the…
Jan 20, 2021
In the first update to the CCDC 2 since 2008, in December 2020 the Canadian Construction Documents Committee (CCDC) published the CCDC 2 (2020).…
Jan 20, 2021
We updated this publication on July 8, 2022. 2020 was a year filled with challenges, including in the relationship between Indigenous…
Jan 18, 2021
The Supreme Court of Canada, in the 2014 case of Bhasin v. Hrynew, recognized a general organizing principle of good faith performance in…
Dec 10, 2020
The current state of closed Canadian borders and stringent travel restrictions in efforts to contain the COVID-19 pandemic is likely to be the…
Dec 7, 2020
All trusts that continue to be in effect past December 31, 2020, will be subject to new reporting requirements and harsh non-compliance…
Dec 2, 2020
Using social media influencers and micro-influencers is an increasingly effective marketing strategy. Social media use is pervasive; 94% of…
Nov 24, 2020
An economic downturn can result in an M&A uptick: there can be more attractive targets on the market, and sellers can be more motivated to…
Nov 19, 2020
We updated this publication on June 30, 2022. NOTE: On June 16, 2022, the Government of Canada introduced Bill C-27: Digital Charter…
Nov 17, 2020
We updated this publication on July 11, 2023. Spurred by the COVID-19 Pandemic and bricks-and-mortar closures, businesses – from SMEs to…
Oct 21, 2020
For business owners, estate planning is directed at protecting the business’s legacy as well as the financial security of both family members…
Oct 20, 2020
Estate planning is directed at protecting your assets and your loved ones from creditors and unnecessary income tax or probate fees, and your…
Oct 7, 2020
Properly incorporating and structuring is key to position a startup to attract investors and strategic partners and, if desirable, achieve a…
Sep 29, 2020
Updated November 21, 2024. The rapid adoption of ESG (Environment, Social and Governance) principles and the growth of mandatory disclosure…
Aug 12, 2020
This publication has been updated as of May 5, 2021. The ongoing COVID-19 pandemic has led many employees to continue working from home, by…
Jul 6, 2020
On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller, a much-awaited decision regarding the enforceability of…
Jun 12, 2020
The financial technology (Fintech) industry uses technology to support and enhance financial and banking services.
Jun 11, 2020
New types of claims will emerge while insurers may see an evolution or even decrease in the traditional types. Here are the types of claims and…
May 11, 2020
McInnes Cooper partner Michael Melvin and Student-at-Law Myriam Whalen provide a detailed Legal Digest in the Spring 2020 Edition of The…
May 11, 2020
The Supreme Court of Canada recently released a much-awaited decision regarding the Companies’ Creditors Arrangement Act (CCAA). The CCAA is…
Apr 20, 2020
As countries around the world grapple with the spread of COVID-19, global restrictions and containment measures have presented a range of…
Apr 17, 2020
The global and domestic spread of COVID-19 has forced Canadians to reassess their upcoming travel plans – and insurers to assess their travel…
Mar 17, 2020
Business corporations laws and stock exchange policies mandate that issuers hold annual general meetings (AGM) and set requirements for when and…
Mar 10, 2020
The global COVID-19 (a.k.a. Coronavirus or SARS-CoV-2) outbreak has implications for many commercial relationships, its evolving nature and…
Feb 14, 2020
NOTE: On July 23, 2021, the Supreme Court of Canada agreed with the Newfoundland & Labrador Court of Appeal’s decision respecting the law,…
Feb 12, 2020
Intellectual property (IP) can be a business’s most valuable (even only) asset. Once you’ve taken steps to understand what the five main IP…
Feb 4, 2020
Tidal developers considering responding to the FORCE Berth D procurement now have a clearer view of just what the successful proponent will get.…
Feb 4, 2020
Canada’s construction industry is abuzz with the latest innovation in lien legislation. Prompt payment requirements are being added to…
Jan 30, 2020
NOTE: The new tax rules for employee stock option plans take effect on July 1, 2021. Learn more at Limited Options: New Employee Stock Option…
Jan 22, 2020
All issuers must comply with both periodic and ongoing securities law corporate governance (and other) disclosure requirements. This can,…
Jan 14, 2020
On December 23, 2019, the Newfoundland and Labrador Court of Appeal effectively eliminated the category of “knowledgeable fact witness” in…
Nov 22, 2019
On November 20, 2019, the Nova Scotia Court of Appeal confirmed pursuant to section 113BA(1) of Nova Scotia’s Insurance Act, in the context of…
Nov 22, 2019
The Environmental Emergency Regulations, effected under section 200(1) of the Canadian Environmental Protection Act (CEPA) and in force since…
Nov 18, 2019
Effective December 1, 2019, the New Brunswick government will finally finalize the reform of N.B.’s money judgment enforcement regime with the…
May 21, 2019
Updated July 10, 2024. If you “own” a company incorporated under either the Canada Business Corporations Act or under the corporate…
Apr 29, 2019
The growing global population is feeding global demand for seafood. Growing demand is likely to drive investment, particularly mergers and…
Apr 8, 2019
Updated September 6, 2024. Growing a business takes people. In early days, many companies have just one “employee”: the owner or founder.…
Mar 28, 2019
Organizations subject to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) – those that collect, use or…
Feb 20, 2019
On February 14, 2019, the Supreme Court of Canada decided yet another criminal law decision that will likely have broader ramifications for…
Jan 31, 2019
On January 25, 2019, the Supreme Court of Canada considered, for the first time, “Henson trusts” and the nature of a disabled…
Jan 21, 2019
On January 18, 2019, the Nova Scotia Court of Appeal rendered its unanimous (5-0) decision in Holland v. Sparks, overturning a motion decision…
Dec 19, 2018
On December 13, 2018, the Supreme Court of Canada confirmed that a third party can’t waive a person’s right to privacy or their rights under…
Nov 16, 2018
Companies engaged in the cannabis supply chain are highly regulated by federal and provincial cannabis-specific laws as well as a myriad of…
Oct 25, 2018
NOTE: On November 20, 2019, the Nova Scotia Court of Appeal upheld the trial court’s decision and confirmed pursuant to section 113BA(1) of…
Aug 20, 2018
Updated July 8, 2024. Every organization subject to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA, soon to…
Aug 3, 2018
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Jul 18, 2018
Most businesses – from startups to SMEs to multi-nationals, and from private family-owned businesses to public corporations – will use…
Jul 18, 2018
Updated January 26, 2023. Prince Edward Island corporations were formerly governed by the P.E.I. Companies Act – legislation that was…
Jun 29, 2018
The Crown’s duty to consult Indigenous Peoples has evolved considerably since the Supreme Court of Canada’s first detailed articulation of…
Jun 13, 2018
Updated September 26, 2024. Businesspeople (and their legal counsel) are on the road more than ever before: according to Statistics Canada,…
Jun 12, 2018
This publication has been updated as at July 8, 2022. Changes to the Canada Business Corporations Act (CBCA) over the past several years have…
May 11, 2018
On May 8, 2018, for the first time, the Nova Scotia Supreme Court has ruled on the deductibility of Workers’ Compensation Board Extended…
Apr 2, 2018
Equity compensation plans are a valuable and versatile tool for many corporations, from early-stage startups to established blue-chips.…
Feb 13, 2018
The much-anticipated Nova Scotia marine renewable energy regime finally has the force of law. First introduced over two years ago, the Nova…
Jan 25, 2018
Insurers have generally been leery of coverage for medical cannabis in both the health benefit claims and in cost of care claims in the personal…
Jan 12, 2018
Whether a provincial court will grant police a “production order” under the Criminal Code of Canada requiring a non-Canadian company to…
Dec 22, 2017
Blockchain technology has already been a transformative force in a number of sectors. Its most prominent use to date has been as the…
Nov 30, 2017
On November 30, 2017, the Supreme Court of Canada denied Geophysical Service Incorporated’s (GSI) application for leave to appeal the decision…
Nov 17, 2017
It’s official: as of October 31, 2017, “facilitation payments” contravene Canada’s Corruption of Foreign Public Officials Act (CFPOA).…
Nov 16, 2017
Corporations are the leading business vehicle in modern commerce. For startups, properly structuring and incorporating is critical to avoid…
Nov 7, 2017
On November 2, 2017, the Supreme Court of Canada was faced with the Ktunaxa Nation’s claim that a Ministerial decision to approve a project…
Oct 31, 2017
Intellectual Property (IP) can be a valuable asset – even the most valuable asset – of a business. So it’s worth making sure the business…
Sep 29, 2017
Atlantic Canada is at a turning point. The region’s history and economic development have historically been inextricably linked to the ocean.…
Sep 22, 2017
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Aug 28, 2017
Recently, the Federal Court of Appeal confirmed that a tax debtor’s bankruptcy does not extinguish the federal Crown’s priority to proceeds…
Aug 16, 2017
In the not-so-distant past, Canadian enforcement of its anti-corruption and anti-bribery legal regime has been relatively laid-back. But the…
Jul 28, 2017
All stakeholders in any major project development already know that adequate consultation before - rather than after - a project is approved is…
Jul 17, 2017
A corporation does not always sail in calm or safe waters. Cash shortages, unattainable or unmet goals, Board disagreements over the best course…
Jul 13, 2017
When growing your business, you face many decisions, including choosing the business structure that is right for you. Your legal team can be…
Jul 10, 2017
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Jun 28, 2017
On June 28, 2017, the Supreme Court of Canada confirmed a Canadian court can issue an interlocutory injunction (an order requiring an entity or…
Jun 23, 2017
On June 23, 2017, the Supreme Court of Canada decided that in a contest between the choice of forum clause in Facebook’s online terms of use…
Jun 7, 2017
On June 7, 2017, the federal government repealed the regulations that would have brought into effect the sections of Canada’s Anti Spam…
Jun 5, 2017
On June 2, 2017, the Supreme Court of Canada decided that where a plaintiff advances a claim for negligently caused psychological or psychiatric…
May 11, 2017
The Extractive Sector Transparency Measures Act is one of several anti-bribery and anti-corruption laws aimed at fighting corruption in the…
May 3, 2017
On May 2, 2017, the N.S. Court of Appeal decided another case involving the deductibility of CPP disability benefits – but this time, in the…
May 1, 2017
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Apr 21, 2017
In three years (lightning speed in the law), medically assisted dying went from being illegal to being legal. A great deal has changed, a great…
Apr 20, 2017
On April 13, 2017, Canada’s federal government introduced legislation that, if passed into law, will legalize recreational cannabis in Canada.…
Apr 17, 2017
Recreational cannabis isn’t legal yet - but much of the associated stigma is already gone, usage is up and employers are feeling the workplace…
Mar 30, 2017
Social media platforms, like Instagram, Twitter, LinkedIn, YouTube, Facebook and GooglePlus, arguably have more followers and are more closely…
Feb 24, 2017
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Feb 22, 2017
Note: On January 1, 2022, the Atlantic Immigration Pilot Program became the permanent Atlantic Immigration Program (AIP). Learn more at From…
Jan 30, 2017
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Jan 25, 2017
Doing business with the public sector creates an often overlooked – but very real – risk that the confidential information a business…
Jan 20, 2017
Connections between Canadians and the U.S. have never been as numerous or transparent as they are now: many Canadians own U.S. property, have…
Dec 7, 2016
Updated February 7, 2024. We live in a world of change. New ideas and new industries are rapidly developing and the list keeps growing: tidal…
Nov 22, 2016
On November 17, 2016 the Supreme Court of Canada decided a mortgagee has the mortgagor’s implied consent to disclose its discharge statement…
Nov 22, 2016
Canada’s most important trading relationship might undergo some change with the results of the 2016 U.S. election. Facilitating cross-border…
Nov 9, 2016
The balance between the public’s interest in accessing offshore petroleum resources data and operators’ commercial interests is at the heart…
Oct 21, 2016
Updated August 19, 2024. All shareholders – whether in a startup, a small or large business or a family-owned business – can benefit from…
Oct 19, 2016
We updated this publication on January 17, 2023. For many businesses, large and small, their “Intellectual Property” (IP) is one of their…
Oct 19, 2016
Business owners wear many hats – including employer. Your employees may be your business’s greatest asset, but they could also be your…
Sep 12, 2016
On September 9, 2016, the Supreme Court of Canada decided in Musqueam Indian Band v. Musqueam Indian Band (Board of Review) that an Indian band…
Aug 17, 2016
The Newfoundland and Labrador Court of Appeal recently affirmed the test for confirming a cause of action and thus resetting a limitation period…
Aug 9, 2016
Updated January 27, 2023. A key legal decision in starting or growing your business is choosing the business structure that’s right for…
Jul 5, 2016
The Ontario Court of Appeal has re-ignited the discussion about when a municipality will be held liable for its shoddy bylaw enforcement…
Jun 20, 2016
Real estate vendors and purchasers have high expectations of their realtors – and they don’t often hesitate to pursue legal action against…
Jun 17, 2016
In its June 16, 2016 decision in Rogers Communications Inc. v. Châteauguay (City), the Supreme Court of Canada decided a municipality’s…
Jun 10, 2016
Administrative monetary penalties, or “AMPs”, are a new phenomenon in the Canadian offshore. AMPs were introduced to the Newfoundland &…
Jun 6, 2016
On June 2, 2016, the Supreme Court of Canada denied an Alberta First Nation’s request to appeal the Court of Appeal’s dismissal of its bid…
Jun 6, 2016
Each Provincial government is under the legal duty to consult; the manner in which each carries out its legal duty to consult differs depending…
May 31, 2016
You’re on a tight timeline to issue a press release. You finish your draft and ‘cut & paste’ your standard “forward-looking…
May 10, 2016
This publication has been updated as at April 18, 2022. Access to sufficient capital is always a business issue, from the startup stage right…
May 10, 2016
On May 6, 2016, the Supreme Court of Canada generally affirmed the common law rule that positive covenants do not run with the land. More…
May 2, 2016
Updated October 4, 2023. Workplace accidents regularly lead to charges under occupational health and safety (OHS) law. These charges can be…
Apr 19, 2016
On April 14, 2016, the Supreme Court of Canada decided that Métis and “non-status Indians” are “Indians” under section 91(24) of the…
Apr 15, 2016
On April 14, 2016, Canada’s federal Justice Minister proposed legislation setting out the conditions that a person wishing to undergo…
Mar 24, 2016
When a business responds to a public sector Request for Proposal or Expression of Interest (both of which we’ll refer to as an RFP for these…
Mar 9, 2016
On January 11, 2016, the Ontario Superior Court of Justice sentenced a front-line supervisor to imprisonment for 3½ years for four counts of…
Feb 15, 2016
On February 26, 2016, the bulk of the offshore-related amendments of the Energy Safety and Security Act (ESSA, formerly known as Bill C-22) take…
Jan 27, 2016
On January 21, 2016, the Ontario Superior Court of Justice dramatically expanded the scope of legal privacy protection – and the liability…
Dec 21, 2015
A practical and current guide created to help you navigate the increasingly important issues surrounding offshore decommissioning and…
Oct 23, 2015
Incorporation offers legal advantages to sole proprietors of small businesses, including certain tax advantages. However, when a corporation…
Jul 17, 2015
On the heels of National Aboriginal Day, we pause to take a look back at two significant Aboriginal law cases decided in the last year, how…
Jul 10, 2015
On April 15, 2015, British Columbia’s Court of Appeal confirmed that First Nations can make certain legal claims grounded in Aboriginal rights…
Jun 25, 2015
Updated October 4, 2023. Most people know a company itself has occupational health and safety (OHS) obligations and risks corporate liability…
May 25, 2015
We updated this publication on July 21, 2022. Every party to a Right of Way has some idea of what that Right of Way is – but many times,…
Apr 2, 2015
The market for the sale and the supply of goods is a global one for many businesses in today’s economy. Both exporting goods from Canada and…
Mar 25, 2015
On March 3, 2015 Canada’s Privacy Commissioner determined that Health Canada breached privacy laws by mailing letters to over 40,000 Marihuana…
Mar 6, 2015
On March 5, 2015, the Canadian Radio and Television Commission (the CRTC, the main agency charged with administering and enforcing most of CASL)…
Mar 3, 2015
Snow can be a big nuisance at this time of year, but snow load - the weight of the snow, usually measured in pounds per square foot - can be…
Feb 9, 2015
NOTE: On April 14, 2016, the federal government proposed legislation setting out the conditions that a person wishing to undergo…
Dec 11, 2014
On December 11, 2014 the Supreme Court of Canada continued its trend to recognize privacy rights – and develop the law to protect them –…
Dec 11, 2014
On January 15, 2015, the software provisions of Canada’s Anti-Spam Legislation (CASL) will take effect. CASL’s anti-spam sections, touted…
Dec 10, 2014
“Corporate Social Responsibility” (CSR) as a concept has been floating around in business-speak for years – but stakeholders in the mining…
Dec 1, 2014
The construction industry - project owners, contractors, subcontractors and trades - might be relaxing, ignoring the hype around Canada’s…
Nov 14, 2014
On November 13, 2014, the Supreme Court of Canada (SCC) effected a significant development in Canadian contract law by recognizing the…
Oct 14, 2014
CASL’s anti-spam sections came into force on July 1, 2014. Every organization that CASL affects should now be complying with it – and their…
Sep 16, 2014
Updated August 25, 2022. Many believe that only public companies or large, established companies with many shareholders need to be concerned…
Aug 1, 2014
Most Canadians have heard about Canada’s Anti-Spam Legislation (CASL): we’ve been bombarded with “CASL Compliant” emails asking us to…
Jul 15, 2014
On July 11, 2014, the Supreme Court of Canada confirmed that the “Crown” in historical treaties with First Nations groups includes both the…
Jun 26, 2014
On June 26, 2014, in its groundbreaking decision on Aboriginal title in Tsilhqot’in Nation v. B.C., the Supreme Court of Canada …
Jun 16, 2014
On June 13, 2014 the Supreme Court of Canada decided that Canadians have a reasonable expectation of privacy in their online activities, and…
Jun 12, 2014
The countdown to CASL is almost over: there are only 13 business days until the anti-spam provisions of CASL – and most of the penalties for…
May 8, 2014
On July 1, 2014 – less than two months from now - the anti-spam sections of Canada’s Anti-Spam Legislation (CASL) take effect. Individuals…
May 2, 2014
April showers bring … flood and sewage back-up claims. Flooding and sewage back-up can result in significant damage for municipal ratepayers,…
Apr 15, 2014
The countdown to CASL is on: on July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (“CASL”) take effect. Individuals…
Feb 28, 2014
On July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (aka “CASL”) will take effect. CASL is: Broad. It applies…
Feb 28, 2014
On July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (aka “CASL”) take effect. CASL will apply to just about every…
Nov 8, 2013
On November 7, 2013, the Supreme Court of Canda decided police require specific authorization in a search warrant to search the data in a…
Aug 28, 2013
Updated June 5, 2024. A general security agreement (GSA) is the most common form of personal property security to secure commercial loans and…
Nov 28, 2012
On October 19, 2012 the Supreme Court of Canada (SCC) decided a teacher criminally charged with possession of child pornography and unauthorized…
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