McInnes Cooper ranked one of Canada’s Best Law Firms 2025 by The Globe and Mail

Effective January 1, 2025, workers who suffer psychological injuries caused by workplace harassment arising from or in the course of employment…

On December 2, 2024, the Automobile Accident Diagnostic and Treatment Protocols Regulations under the Newfoundland & Labrador Automobile…

In today’s workplace, every employee likely has equipment to secretly record their workplace conversations – including those with their…

Updated March 4, 2025. If your business could be affected by the U.S. tariffs against Canada, you might be thinking about employee layoffs as…

On November 12, 2024, the Hague Court of Appeal quashed the 2021 landmark decision of the Hague District Court in Milieudefensie et al v. Royal…

While 2024’s legal learnings will leave a lasting impression on employers, with the arrival of 2025 the time is right to look ahead – and…

How a social enterprise is legally structured can greatly influence the types of capital available to it and how the organization can operate…

As 2024 draws to a close, the time is right to look in the rearview mirror and reflect on the key labour and employment law learnings that will…

Maximum penalties under the Underused Housing Tax Act (UHTA) are significant: initial penalties for a single taxation year can be as high as…

Understanding the taxation of Indigenous Peoples’ governments and structuring of their economic development initiatives is more relevant than…

Social host liability for injury to a third party – and coverage of social host liability claims – isn’t straightforward. Social host…

Disputes between shareholders of a corporation, and shareholders and their corporation, are stressful and complicated, and often attract…

Effective September 1, 2024, amendments to the Nova Scotia Workers’ Compensation Act allow workers to be compensated for gradual onset stress.…

The 2024 decision of the Supreme Court of Newfoundland and Labrador – General Division in Interprint Systems Limited et al. v. Co-operators…

On June 20, 2024, the Canadian Competition Act was amended to specifically make greenwashing claims reviewable conduct. Pressure on Canadian…

In early April 2024, Nova Scotia’s Energy Reform (2024) Act (Bill 404) passed, marking the beginning of a new direction for Nova Scotia’s…

The nature of the construction industry, especially when it comes to seasonal work and where the labour needs and costs must be estimated in…

In a typical construction project, the owner has a contract with the prime contractor, the prime contractor has a contract with the…

The duty to accommodate is a legal duty human rights laws impose on employers – but it’s not written down or described in human rights…

When an employee seeks accommodation of a disability, either physical or mental, the duty to accommodate is nuanced by both the employer’s…

Canadian businesses need foreign workers to address labour and skills shortages. Yet the Canadian government is taking steps to reduce the…

Effective October 1, 2024, public and private Prince Edward Island employees will be entitled to up to three paid sick days per calendar year.…

Didn’t file your taxes on time – or made a mistake in your tax filings? All might not be lost. There is the possibility of relief from the…

Using written employment contracts is a good start – but it doesn’t mean they will be enforceable. Courts interpret employment contracts to…

Do cultural practices play a role in the assessment of damages for wrongful death claims? There is British Columbia precedent for awarding…

Provincial minimum wage rates continue to climb in Canada. Provincial minimum wage legislation across Canada, including in the Atlantic Canadian…

Canadian provinces and territories continue to swiftly legislate prompt payment requirements – though not all are taking effect quite so…

Many international companies set up shop in Canada through branch offices or subsidiaries. Many of these companies are looking to staff up their…

In its February 2024 decision in Dufault v. The Corporation of the Township of Ignace, the Ontario Superior Court voided yet another contractual…

It used to be that an employee dismissal resulted in a single wrongful dismissal claim (if anything) against the employer. These days, an…

On January 24, 2024, the Nova Scotia Supreme Court upheld the N.S. Environment Minister’s approval of a proposed windfarm development’s…

While 2023’s legal learnings will leave a lasting impression on employers, with the arrival of 2024 the time is right to look ahead - and get…

In a decision that will be helpful in future assessments of damages for soft tissue injuries, on December 21, 2023, the Nova Scotia Court of…

Updated April 16, 2024. If you’re a trustee of a trust that might no longer serve its purpose or is sitting idle, now’s the time to…

As 2023 draws to a close, the time is right to take a look in the rearview mirror and reflect on the key labour and employment law learnings…

In its October 19, 2023 decision in Roach v. Nordic Ins. Co. of Canada, the Nova Scotia Supreme Court confirmed that Workers’ Compensation…

On October 13, 2023, the Supreme Court of Canada issued its judicial reference opinion: a significant portion of Canada’s federal…

Updated February 11, 2025. On September 12, 2023, the New Brunswick Court of Kings Bench sentenced a front-line supervisor who “did…

Insureds aren't automatically entitled to a defence from their insurers. Liability policies generally provide two types of coverage: coverage…

Updated February 28, 2025. On December 15, 2023,  the Affordable Housing and Groceries Act became law, giving developers of specific types…

There’s a new scam on the web: Electronic Fund Transfer (EFT) scams. Most are familiar with established scams like phishing and ransomware and…

Can a business providing both exempt supplies and taxable supplies of goods and services claim Input Tax Credits (ITCs) under the Excise Tax Act…

You’ve experienced a workplace accident that’s resulted in serious injury to, or worse the death of, an employee. Do you need legal counsel…

Owning your own business offers many opportunities. But it also carries inherent risks, including exposure to personal liability. These three…

We updated this publication on August 10, 2023. The Nova Scotia commercial net-metering regime just took another step toward implementation.…

Effective June 23, 2023, Section 45(1.1) of the Competition Act makes it a criminal offence for all unaffiliated employers to enter into…

Effective April 27, 2023 the federal Pension Protection Act (Bill C-228), granting pensions “super priority” status over other secured and…

The Nova Scotia Supreme Court has added a new, lower range for general damages in sexual abuse civil cases. Damages in sex abuse cases are…

Employees used to gather around the water cooler to share views on controversial issues, discuss co-workers and complain about their employer.…

While the December 2021 Bill C-223, An Act to Develop a National Framework for a Guaranteed Livable Basic Income seems to have died in both…

The benefits to employees, and often to employers, of remote work has made it a staple of today’s workplace. But the move to remote work…

The Supreme Court of Nova Scotia has made it clear that, while the burden is high, pre-emptively vacating or discharging a builders’ lien is a…

Updated April 16, 2024. On February 15, 2023, an adjudicator ordered an employer to pay what could be the “largest employment…

The Alberta Court of Appeal recently sent a strong message to insureds: utmost good faith is not only key but is required in insurance claims.…

Immigration continues to play a key role in addressing Canada’s labour and skills shortage. Immigration, Refugees and Citizenship Canada…

Updated May 8, 2024. On July 1, 2023, the Nova Scotia Medical Certificates for Employee Absence Act took effect. The Act regulates workplace…

NOTE: On December 19, 2023, the N.B. Court of Kings Bench upheld the adjudicator’s decision. On February 15, 2023, a New Brunswick…

Updated Feburary 9, 2024. On January 1, 2023, the Prohibition on the Purchase of Residential Property by Non-Canadians Act and accompanying…

All businesses need written contracts. Determining what written contracts are essential depends on many factors, including the nature of the…

2022 left important lasting implications for employers. With 2023 here, it’s time to look ahead to key issues that will affect employers in…

Many Canadian employers continue to be challenged not only with hiring the right number of people, but with finding candidates with the right…

Updated July 7, 2023. Bill 24 An Act to Amend the Business Corporations Act effected significant amendments to the New Brunswick Business…

Buzz around the potential of hydrogen as a green energy source has been growing. And the Atlantic Canadian provinces are poised to become a key…

Updated January 31, 2025. Beginning December 31, 2022, certain owners of residential property in Canada are required to annually report and…

2022 is in the rearview mirror, but the past year left lasting implications for employers. Here’s a retrospective on five of the key 2022…

The insurer’s duty to defend a claim made against its insured is inextricably tied to coverage: there can be no duty to defend without a…

Updated September 5, 2024. The COVID-19 pandemic drove remote work to unprecedented heights. Employee calls for greater flexibility, and cost…

On November 10, 2022, the Supreme Court of Canada examined the interaction of arbitration and bankruptcy and insolvency proceedings, deciding a…

Updated August 8, 2023. October 2022 amendments to the N.S. Renewable Electricity Regulations ushered in a new Commercial Net-metering regime…

Finally closing on October 27, 2022, the tumultuous Elon Musk/Twitter M&A deal drama has been unfolding for months, with both sides making…

Lawyers and accountants advise clients on options for organizing their personal and business affairs in a tax-efficient way. Clients enter into…

The New Brunswick Court of Queen’s Bench has issued a court order to stop Indigenous fishers (all apparently members of the Wolastoqey Nation)…

The current labour crunch is only strengthening the business case for building a workplace that’s welcoming to diverse employee pools –…

Updated July 28, 2023. Effective June 1, 2022, Bill 119 amended the P.E.I. Employment Standards Act to add new pay transparency provisions.…

The Federal Court’s April 22, 2022 decision in Mowi Canada West Inc. v. Canada (Fisheries, Oceans and Coast Guard) has implications for the…

The COVID-19 pandemic is (arguably) gone but the pre-pandemic labour crunch - for both white and blue collar workers - is back. And there’s no…

On May 22, 2010 (affectionately known as “Bitcoin Pizza Day”), a Floridian bought two Papa John's pizzas with Bitcoin. The day is famous…

On April 14, 2022, the New Brunswick Court of Appeal released its decision in Royal Bank of Canada v. Estate of Susan Lynn Williams, revisiting…

The COVID-19 pandemic changed many aspects of the workplace for good – but pre-pandemic labour shortages isn’t one of them. While the…

On March 28, 2022, the Supreme Court of Newfoundland and Labrador (General Division) decided that in a personal injury case, quantification of…

While the Canada emergency response benefit (CERB) has ended, the focus on the concept of a universal or guaranteed basic income the COVID-19…

The Supreme Court of Canada’s recent consideration of estoppel and waiver in the context of a fatal injury case in Trial Lawyers Association…

In February 2022, thousands of people led by a convoy of trucks (many displaying company logos) from across Canada congregated in Ottawa and…

On April 1, 2022, changes to the Newfoundland and Labrador Corporations Act proposed in Bill 24 An Act to Amend the Corporations Act will take…

Updated June 17, 2024. On May 17, 2022, the P.E.I. Non-disclosure Agreements Act took effect, significantly restricting the use of…

On January 26, 2022, the British Columbia Court of Appeal extended an injunction preventing protesters from interfering with a logging…

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…

On November 19, 2021, in Trial Lawyers Association of British Columbia v. Royal & Sun Alliance Insurance Company of Canada, the Supreme…

To help realtors better prepare their clients to ensure smooth real estate transactions with timely closings, here are the answers to the 10…

On November 5, 2021, the Province of Nova Scotia passed the Environmental Goals and Climate Change Reduction Act. The Act will serve as the…

Purchasing commercial real estate as an investment, as a component of a business startup or as one asset in the share purchase of an existing…

Updated July 17, 2024. On October 22, 2021, the Supreme Court of Canada clarified that labour arbitrators have exclusive jurisdiction over…

On September 9, 2021, the Nova Scotia Court of Appeal released its decision in Aviva Insurance v. PK Construction Ltd. Dealing with Nova…

Updated December 14, 2022. COVID-19 has been changing Canadian workplaces for 18 months. For some employees, the pandemic led to a shift to…

Updated February 28, 2024. The New Brunswick Construction Remedies Act substantially came into effect on November 1, 2021, and took full…

On July 28, 2021, the Supreme Court of Canada issued a decision protecting the status of the Companies’ Creditors Arrangement Act (CCAA) as a…

Canadian entities regularly contract with foreign companies to provide services in Canada. To complete its obligations under the contract, the…

Updated February 9, 2024. It’s now widely accepted: it’s imperative that workplaces be both diverse and inclusive. Perhaps the most oft…

As of January 1, 2021, federally regulated employers (such as banks, telephone and cable systems, most federal Crown corporations,…

NOTE: On November 12, 2024, the Hague Court of Appeal quashed the decision of the Hague District Court in Milieudefensie et al v. Royal Dutch…

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…

Well-drafted, properly implemented written employment contracts are a key tool to avoiding or resolving disputes during and at the end of…

In the first update to the CCDC 2 since 2008, in December 2020 the Canadian Construction Documents Committee (CCDC) published the CCDC 2 (2020).…

We updated this publication on July 8, 2022. 2020 was a year filled with challenges, including in the relationship between Indigenous…

Termination clauses, particularly “without cause” ones, are among the most important clauses to include in any employment agreement. But the…

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…

Updated January 16, 2025. Spurred by the COVID-19 Pandemic and bricks-and-mortar closures, businesses – from SMEs to multinationals,…

This publication has been updated as at July 9, 2021. For some time, every Prince Edward Island employer has been required to comply with…

On October 9, 2020, the Supreme Court of Canada delivered its decision in Matthews v. Ocean Nutrition Canada Ltd. on whether a former employee…

Updated November 21, 2024. The rapid adoption of ESG (Environment, Social and Governance) principles and the growth of mandatory disclosure…

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…

On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller, a much-awaited decision regarding the enforceability of…

The financial technology (Fintech) industry uses technology to support and enhance financial and banking services.

Canada’s construction industry is abuzz with the latest innovation in lien legislation. Prompt payment requirements are being added to…

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…

The Environmental Emergency Regulations, effected under section 200(1) of the Canadian Environmental Protection Act (CEPA) and in force since…

“Do the unexpected. Take 20 minutes out of your day, do what young people all over the world are dying to do: vote.” Rick Mercer (hailing…

This publication has been updated as at July 9, 2021. Violence and harassment is an unfortunate reality of society – and of the workplace.…

Updated September 19, 2024. Like it or not, Canadians live life online. More people - and more employees - are sharing more information,…

Updated July 10, 2024. If you “own” a company incorporated under either the Canada Business Corporations Act or under the corporate…

Updated September 6, 2024. Growing a business takes people. In early days, many companies have just one “employee”: the owner or founder.…

We updated this publication on July 9, 2021. As of April 1, 2019, employers of New Brunswick employees must comply with new occupational…

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…

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…

Updated January 26, 2023. Prince Edward Island corporations were formerly governed by the P.E.I. Companies Act – legislation that was…

Every parent knows that a lot can happen in 18 months. Many employers agree. The federal government’s extension of employment insurance…

The legalization of recreational cannabis in Canada is imminent. Employers are feeling the heat to prepare – even as they continue efforts to…

This publication has been updated as at July 8, 2022. Changes to the Canada Business Corporations Act (CBCA) over the past several years have…

On May 8, 2018, for the first time, the Nova Scotia Supreme Court has ruled on the deductibility of Workers’ Compensation Board Extended…

Updated July 4, 2024 It can be challenging for employers to fulfill their legal duty to accommodate an employee under human rights laws…

Equity compensation plans are a valuable and versatile tool for many corporations, from early-stage startups to established blue-chips.…

We updated this publication on March 11, 2020. The #metoo and #timesup movements drove workplace sexual harassment to the front and center of…

Many employers use written workplace policies as a day-to-day workplace management tool; common examples include attendance management policies,…

Updated November 23, 2023. For many people, the holiday season now upon us is a fun-filled time of the year. But for employers, and…

On October 27, 2017, the Supreme Court of Canada confirmed that a bank that pays out on a fraudulent cheque has the protection of section 20(5)…

Intellectual Property (IP) can be a valuable asset – even the most valuable asset – of a business. So it’s worth making sure the business…

Updated February 13, 2024 An increasing number of employees are struggling to meet the challenge of the competing demands of their employers…

Recently, the Federal Court of Appeal confirmed that a tax debtor’s bankruptcy does not extinguish the federal Crown’s priority to proceeds…

This publication has been updated as of October 14, 2020. On June 19, 2017, Bill C-16, An Act to amend the Canadian Human Rights Act and the…

Updated June 10, 2022.  The rapid rise in ESG (Environment, Social and Governance) principles has increased focus on workplace diversity and…

A corporation does not always sail in calm or safe waters. Cash shortages, unattainable or unmet goals, Board disagreements over the best course…

When growing your business, you face many decisions, including choosing the business structure that is right for you. Your legal team can be…

Investigations are a vital - but difficult - part of workplace management. The value of a proper investigation can’t be overstated: it plays a…

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…

Social media platforms, like Instagram, Twitter, LinkedIn, YouTube, Facebook and GooglePlus, arguably have more followers and are more closely…

Note: On January 1, 2022, the Atlantic Immigration Pilot Program became the permanent Atlantic Immigration Program (AIP). Learn more at From…

Updated January 13, 2025. The hiring process and the termination process are equally important stages of the employment relationship. And…

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…

Employers’ legal duty to accommodate employees seems to most frequently come up in the context of employees with disabilities. But that duty…

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…

On November 17, 2016 the Supreme Court of Canada decided a mortgagee has the mortgagor’s implied consent to disclose its discharge statement…

The employment contract is an exchange of labour for wages and other benefits, so employers are entitled to expect regular ongoing attendance…

The balance between the public’s interest in accessing offshore petroleum resources data and operators’ commercial interests is at the heart…

Updated August 19, 2024. All shareholders – whether in a startup, a small or large business or a family-owned business – can benefit from…

Business owners wear many hats – including employer. Your employees may be your business’s greatest asset, but they could also be your…

Whether someone is an employee or an independent contractor has long caused employers a degree of angst. And the recent emergence of a new…

Updated January 27, 2023. A key legal decision in starting or growing your business is choosing the business structure that’s right for…

On July 14, 2016, the Supreme Court of Canada decided that the “Unjust Dismissal” sections of the Canada Labour Code ensure that…

The condo real estate market, both retail and commercial, is hot. But condo developers and unit buyers need funding. Here’s the legal…

Employers are entitled to mandate dress codes in the workplace, and even to discipline employees who refuse to comply. But a workplace dress…

Each Provincial government is under the legal duty to consult; the manner in which each carries out its legal duty to consult differs depending…

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…

Updated October 4, 2023. Workplace accidents regularly lead to charges under occupational health and safety (OHS) law. These charges can be…

On April 14, 2016, the Supreme Court of Canada decided that Métis and “non-status Indians” are “Indians” under section 91(24) of the…

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…

On January 11, 2016, the Ontario Superior Court of Justice sentenced a front-line supervisor to imprisonment for 3½ years for four counts of…

Employee tardiness is a significant problem for employers - and bad weather is one of the top three reasons that employees give for it according…

Updated April 13, 2023. A well drafted and properly implemented written employment contract can be instrumental to both avoiding or resolving…

A practical and current guide created to help you navigate the increasingly important issues surrounding offshore decommissioning and…

Updated July 19, 2024. Violence has become an unfortunate reality in current society, and the workplace is not immune. With more people…

Subsection 55(2) of the Income Tax Act (Canada) is an anti-avoidance provision intended to prevent capital gains stripping by deeming an…

Incorporation offers legal advantages to sole proprietors of small businesses, including certain tax advantages. However, when a corporation…

The employment contract, at its core, is an exchange of work for compensation. So at a very basic level, employers are entitled to expect…

Updated October 4, 2023. Most people know a company itself has occupational health and safety (OHS) obligations and risks corporate liability…

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,…

Updated June 24, 2021. Women make up close to half of the employed workforce: in 2019, Canadian women 15 years and older represented 47.4% of…

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…

Updated January 26, 2022. With people spending so many of their waking hours at or connected to work these days, romantic relationships…

In December 2014, the Newfoundland & Labrador Supreme Court ordered an employer to pay its former employee $30,000 in moral damages to…

On December 11, 2014 the Supreme Court of Canada continued its trend to recognize privacy rights – and develop the law to protect them –…

Updated December 11, 2020. Employers host numerous events throughout the year – summer and holiday office parties, retreats, client and…

Updated August 25, 2022. Many believe that only public companies or large, established companies with many shareholders need to be concerned…

On June 26, 2014, in its groundbreaking decision on Aboriginal title in Tsilhqot’in Nation v. B.C., the Supreme Court of Canada …

Updated February 17, 2021. Trusts offer a very useful estate planning solution for a wide variety of special estate planning situations.…

On November 7, 2013, the Supreme Court of Canda decided police require specific authorization in a search warrant to search the data in a…

Updated June 5, 2024. A general security agreement (GSA) is the most common form of personal property security to secure commercial loans and…

On June 14, 2013, the Supreme Court of Canada’s decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp…

On October 19, 2012 the Supreme Court of Canada (SCC) decided a teacher criminally charged with possession of child pornography and unauthorized…

As any Canadian knows, July 1st – Canada Day – is the first long weekend of the summer; or is it?  What about when July 1 falls on a…

Social media blurs line between work time and “off duty” time. Employers can, however, discipline employees who go over the line. We have 10…