Tuesday September 17, 2019

What are Statutory Damages for Copyright Infringement?

Authored by: Marc J. Belliveau Posted in: Intellectual Property
When you sue someone for copying your original work of art, music, drama or fiction without your permission, it’s often difficult, time consuming and very costly to calculate and prove the full amount of your financial losses.

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Tuesday September 17, 2019

What are Statutory Damages for Copyright Infringement?

Authored by: Marc J. Belliveau Posted in: Intellectual Property

When you sue someone for copying your original work of art, music, drama or fiction without your permission, it’s often difficult, time consuming and very costly to calculate and prove the full amount of your financial losses.

Read full article
Wednesday August 28, 2019

What’s the Buzz in Music Plagiarism Lawsuits?

Authored by: Marc J. Belliveau Posted in: Intellectual Property

During the last century, composers, musicians and their copyright lawyers held a traditional belief and legal understanding that copyright infringement lawsuits related only to stolen lyrics and copied melodies, but not for more abstract compositional elements.

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Wednesday August 21, 2019

The Importance of Trademark Searches for the Nova Scotia Craft Brewing Industry

Authored by: Marc J. Belliveau Posted in: Intellectual Property

A recent dispute over a peanut butter flavoured craft beer (produced locally in Bedford) provided an excellent example of the importance of searching the availability of your proposed brand before it is officially launched in your marketplace.

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Wednesday August 14, 2019

Five Things to Know Before Your Pre-Sentence Report

Authored by: Terrance G. Sheppard Posted in: Criminal Law

What should you expect before your pre-sentence report interview? Many people feel unsure. Your interview matters. Here are five things you should know to be prepared.

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Thursday August 8, 2019

Happily Ever After: The Marital Breakdown of Amazon Power Couple, Jeff and MacKenzie Bezos

Posted in: Family Law

Jeff Bezos, CEO of Amazon, and his wife MacKenzie made headlines in January 2019 when they jointly tweeted their plans to initiate divorce proceedings after 25 years of marriage.

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Monday July 29, 2019

What is an Easement?

Authored by: Allen A. Campbell Posted in: Real Estate

You may have purchased a property that is subject to an easement or contemplating purchasing one, and not know what that means.

Read full article
Wednesday July 24, 2019

Copyright Law: From Beyond the Grave

Authored by: Marc J. Belliveau Posted in: Intellectual Property

In Canada, the Copyright Act governs all matters related to an artist’s rights to her or his creative works, including how long those legal rights subsist and how they devolve upon the artist’s death.

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Thursday July 18, 2019

Changes for Parents Seeking Relocation

Authored by: Terrance G. Sheppard Posted in: Family Law

Parents wanting to relocate will have to undergo a new legal process to get the Court’s approval. The recent amendments to the federal Divorce Act have replaced the longstanding principles set out by the Supreme Court in 1996.

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Tuesday July 16, 2019

Canada’s International Family Law Commitments

Authored by: Terrance G. Sheppard Posted in: Family Law

The federal government’s recent amendments to the Divorce Act, under Bill C-78, bring Canada one step closer to meeting its international commitments on family law.

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Thursday July 11, 2019

New Definition of Family Violence

Authored by: Terrance G. Sheppard Posted in: Family Law

The recent amendments to the Divorce Act are giving a new meaning to family violence. Before the amendments, the term “family violence” had no legislated definition, leaving courts to decide the best approach to this complex issue.

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Tuesday July 9, 2019

Changing the Language on Parenting

Authored by: Terrance G. Sheppard Posted in: Family Law

The federal government is changing the language on parenting, with hopes of changing the conversation. Bill C-78 has introduced a number of amendments to the Divorce Act, which have generally been welcomed by lawyers and scholars across the country.

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Wednesday July 3, 2019

Blog Update! Changes to the Divorce Act

Authored by: Terrance G. Sheppard Posted in: Family Law

Further to the blog below that we posted in February, the Bill obtained Royal assent on June 21, 2019. There is no update yet as to when it will come into force, but this is to be decided in the coming months by the Governor in Council.

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Wednesday June 26, 2019

Trademarks: Free Speech Strikes Again

Authored by: Marc J. Belliveau Posted in: Intellectual Property

Two years ago, I blogged about a U.S. Supreme Court (USSC) decision striking down a trademark law prohibiting the registration of “disparaging” words and phrases because the prohibition was found to unduly restrict “free speech” and was therefore unconstitutional.

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Wednesday June 19, 2019

Bad Faith and Costs Consequences

Authored by: Terrance G. Sheppard Posted in: Family Law

Litigants are not rewarded for bad behaviour. In a recent decision out of the Ontario Superior Court of Justice, a father was ordered to pay $420,000 in costs to his former spouse, after losing the case for custody of their young daughter.

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Thursday June 13, 2019

Canadian Official Marks: Qu’est-ce que c’est?

Authored by: Marc J. Belliveau Posted in: Intellectual Property

The Trademarks Act (the “Act”) contains a unique provision that allows “public authorities” to by-pass the normal trademark registration application process and to protect their “official marks” indefinitely. There is no similar provision in any other country’s trademark protection regime.

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Friday June 7, 2019

Accident & Personal Injury Law Team - request a free consultation

Posted in: Personal Injury

We are an experienced, passionate and dedicated team of accident & personal injury lawyers.

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Wednesday May 29, 2019

Family Law Resources: Wise Words from a Family Court Judge

Authored by: Mary H. Brown Posted in: Family Law

Although now 10 years old, Tug of War: A Judge’s Verdict on Separation, Custody Battles, and the Bitter Realities of Family Court, by Justice Harvey Brownstone of the Ontario Court of Justice, remains an insightful and powerful read on the uses and misuses of family court.

Read full article
Tuesday May 21, 2019

Can Copyright Law Apply to Public Documents?

Authored by: Marc J. Belliveau Posted in: Intellectual Property

Two recent and interesting Canadian copyright infringement cases have bubbled up to the highest courts in the land and threaten to carve a new exception in the intellectual property behemoth that has become copyright law. The issue is whether certain works should not be copyrightable.

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Wednesday May 15, 2019

Our Family Law Team

Posted in: Family Law

Our Family Law team focuses on resolving issues in families as quickly as possible, through either mediation or litigation. While we do our best to resolve matters through non-confrontational means, when it is necessary to pursue litigation, our Family Law Litigation Team has depth of experience.

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Tuesday May 7, 2019

Do You Need a Record Suspension?

Authored by: Terrance G. Sheppard Posted in: Criminal Law

A record suspension allows individuals who have been convicted of a criminal offense, but have served their time or demonstrated good behaviour, to have their criminal record kept private.

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Tuesday April 30, 2019

Canadian Trade-mark Law is Losing the Hyphen!

Authored by: Marc J. Belliveau Posted in: Intellectual Property

On June 17, 2019, five years after the Harper government made countless amendments to the Trade-marks Act (the “Act”) in omnibus budget legislation (Bill C-31 of 2014), the famous Canadian hyphen (inside the word “Trade-marks” of the Act’s title) will become a thing of the past.

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Thursday April 25, 2019

Cottage Wars: Estate Planning and the Family Cottage

Authored by: George M. Clarke Posted in: Wills & Estates

As the May long weekend approaches, those with cottages will be turning their minds to the annual tradition of heading to the shore, lake or river to open up the cottage.

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Tuesday April 23, 2019

Condo Parking: What You Should Know

Authored by: Lauren M. Randall Posted in: Real Estate

When purchasing a condominium unit, there are two different ways that parking can be issued to owners: deeded and assigned.

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Wednesday April 17, 2019

Section D Limitation Period Issues

Authored by: David S.R. Parker Posted in: Personal Injury

The decision in Barry v. Halifax (Regional Municipality), 2017 NSSC 180 (NSSC) demonstrates the pitfalls that can be faced by a claimant injured in a motor vehicle collision who fails to commence an unidentified or uninsured motorist claim against an insurer as soon as possible.

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Tuesday April 9, 2019

Must Trade-mark “Use” Always be at a Profit?

Authored by: Marc J. Belliveau Posted in: Intellectual Property

There is an old maxim about brands and trade-marks: “Use it or Lose it”.

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Wednesday April 3, 2019

Joint Tenants vs. Tenants in Common

Authored by: Lauren M. Randall Posted in: Real Estate

In Nova Scotia, there are two main ways in which title of a property can be held: joint tenants and tenants in common.

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Thursday March 28, 2019

Limitation Periods & LTD Claims

Authored by: David S.R. Parker Posted in: Personal Injury

A common question clients often have is in respect to their rights when denied a long term disability (LTD) claim (under private or employment-related insurance policies) is when must an action be commenced.

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Tuesday March 19, 2019

Justice Minister seeks to Expand Unified Family Court

Authored by: Terrance G. Sheppard Posted in: Family Law

On March 8, 2019, Justice Minister Mark Furey proposed amendments to the Judicature Act that would expand the unified family court (UFC) system across all regions of Nova Scotia.

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Monday March 11, 2019

The Top 6 Things to Know When Purchasing a New Construction Condominium

Authored by: Lauren M. Randall Posted in: Real Estate

If you are thinking about putting an offer in on a new construction condominium, there are a couple of things you need to be aware of to prevent any surprises

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Thursday February 28, 2019

Changes to the Divorce Act

Authored by: Terrance G. Sheppard Posted in: Family Law

In May 2018 the Canadian government introduced a Bill which will change the Divorce Act for the first time in over 20 years.

Read full article
Friday February 15, 2019

Digital Assets and Social Media: Are They in Your Estate Plan?

Authored by: Alanna Mayne, TEP Posted in: Wills & Estates

The recent issues surrounding QuadrigaCX and the death of the company’s CEO, Gerald Cotten, is an important reminder that you should ensure your digital assets are included as part of your estate planning.

Read full article
Friday February 1, 2019

The Mamas and the Papas… and Their Parenting Agreement

Authored by: Mary H. Brown Posted in: Family Law

I’m sure I was not the only one who spent a few minutes this weekend listening to the radio documentary “The Mamas and the Papas: How two Ottawa couples became co-parents ” on the CBC’s The Sunday Edition or reading the accompanying article online.

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Thursday January 31, 2019

The Supreme Court of Canada Strikes Down Mandatory Victim Surcharges

Authored by: Terrance G. Sheppard Posted in: Criminal Law

The Supreme Court of Canada has declared that a Mandatory Victim Surcharge is unconstitutional in that it imposes cruel and unusual punishment on poor defendants, contrary to the protections provided by the Charter of Rights and Freedoms.

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Friday January 25, 2019

Restrictive Covenants

Authored by: Lauren M. Randall Posted in: Real Estate

When purchasing a new home, it is important to note that some lots have restrictive covenants that apply to them. Restrictive covenants are rules that govern the use of the lot and other lots in the subdivision.

Read full article
Tuesday January 22, 2019

Predatory Marriages

Authored by: Terrance G. Sheppard Posted in: Family Law Wills & Estates

Marriage can have a significant legal impact on a person’s property and assets. Through marriage a spouse may have legal claim to a home,[1] may have a claim to other property and a marriage may give rise to spousal support obligations.[2]

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Monday January 21, 2019

Invisible Injuries - Chronic Pain and Depression

Authored by: David S.R. Parker Posted in: Personal Injury

We often see clients who suffer from severe chronic pain, depression and anxiety conditions.

Read full article
Tuesday January 15, 2019

Lessons from the (Un)Grateful Dead: How to Appoint your Estate Executor

Authored by: George M. Clarke Posted in: Real Estate

Choosing who will act as your executor is a decision that should not be taken lightly.

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Tuesday January 8, 2019

Are Embryos Property? The Ontario Court’s Commitment to Reproductive Freedom

Authored by: Terrance G. Sheppard Posted in: Family Law

The use of assisted reproductive technologies to create families is becoming increasingly common in Canada. These technologies create opportunities for individuals or couples who otherwise cannot grow their families.

Read full article
Tuesday December 18, 2018

Can I use a Power of Attorney?

Authored by: Lauren M. Randall Posted in: Real Estate

If you are helping an elderly, disabled or unavailable friend or family member with a real estate transaction, you may be wondering when a Power of Attorney will be accepted.

Read full article
Friday December 7, 2018

Family Law “Kitchen Table” Agreement Goes to the Supreme Court of Canada

Authored by: Jessica D. Chapman Posted in: Family Law

As lawyers, we often see clients that have “side deals” with their former spouse, saying something like “We talked that out and you don’t need to put anything in the agreement about that. We got it.”

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Thursday December 6, 2018

Reimbursement Under the Assisted Human Reproduction Act: What Changes are Coming?

Authored by: Terrance G. Sheppard Posted in: Family Law

The Government of Canada has proposed new regulations under the Assisted Human Reproduction Act (AHRA).

Read full article
Tuesday November 27, 2018

Criminal Records and Cannabis Possession: How Will Unjust Convictions be Erased?

Authored by: Terrance G. Sheppard Posted in: Criminal Law

On October 17, 2018 the Cannabis Act came into force, and with it, possession and consumption of recreational cannabis became legal.

Read full article
Tuesday November 20, 2018

Maintenance Enforcement Program Decreases Arrears

Authored by: Jessica D. Chapman Posted in: Family Law

The Nova Scotia Maintenance Enforcement Program was first established in 1996 and was tasked with ensuring that court ordered child and spousal support payments were paid to recipients.

Read full article
Friday October 26, 2018

Thinking of Becoming a Franchisee?

Authored by: Alanna Mayne, TEP Posted in: Business Law

Opening a franchise location is a great way for you to become a business owner and to work for yourself. Here are a few tips if you are looking to become a franchisee.

Read full article
Thursday October 18, 2018

Parenting Plans in a Military Family

Authored by: Bryen E. Mooney Posted in: Family Law

Whether you are raising children with a spouse in the military, or you are the spouse in the military, it can involve many challenges for both the parents and the children. These issues multiply when the parents are separated, and communication may be strained.

Read full article
Thursday October 4, 2018

GST/HST and International Transactions

Authored by: Ted R. Sawa Posted in: Taxation

Does a seller who is not a resident of Canada charge GST/HST to Canadian customers?

Read full article
Monday September 10, 2018

Canada Pension Plan Credits after Separation or Divorce

Authored by: Terrance G. Sheppard Posted in: Family Law

Many people wonder how they divide up their Canada Pension Plan Credits after separation or divorce.

Read full article
Wednesday August 29, 2018

Aretha Franklin Died Without a Will – Who Gets the Pink Cadillac?

Authored by: George M. Clarke Posted in: Wills & Estates

Aretha Franklin died on August 16th, 2018. Over a career that spanned almost 50 years she recorded 112 charted hits on Billboard, she had 17 top-10 singles and 100 R & B entries (including 20 number-one R & B singles) making her the most charted female artist of all time.

Read full article
Monday August 20, 2018

Intro to Property Tax Adjustment

Authored by: Lauren M. Randall Posted in: Real Estate

When purchasing or selling a property, there will always be a property tax adjustment unless agreed otherwise. Property taxes are set and collected by the respective municipalities, so the collection dates will vary throughout the province.

Read full article
Thursday August 9, 2018

In Memorandum - The Sullivan’s Pond Geese and Crosswalk Safety

Authored by: Luke C. Godin Authored by: David S.R. Parker Posted in: Personal Injury

If you’re from Dartmouth, Nova Scotia, August 9, 2017 might be engrained in your memory. On that fateful day, two resident geese were killed by a vehicle while crossing the street near their home at Sullivan’s Pond.

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Tuesday August 7, 2018

Hockey Gear, Braces & Cell Phones: Sharing Children’s Expenses following Separation

Authored by: Jessica D. Chapman Posted in: Family Law

“Section 7 expenses” can generally be described as “special or extraordinary expenses” for a child with separated parents that share expenses in addition to child support.

Read full article
Tuesday July 24, 2018

Decriminalizing Surrogate Compensation

Authored by: Terrance G. Sheppard Posted in: Family Law

If you’re one of the many couples in Canada exploring paying a surrogate to have a child – there could be some changes to Canadian Law that aims to decriminalize this process.

Read full article
Monday July 9, 2018

Married or Common-Law: How Does It Affect Your Estate Plan?

Authored by: Andrew P. Nicol Posted in: Family Law Real Estate

There are several misconceptions about the status of marriage and a common-law relationship in the estate planning context. In Nova Scotia, marriage and common-law relationships are treated differently for estate matters.

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Tuesday June 26, 2018

Before Renting your Property on Short-Term Rental Websites: Some Things you Should Know

Authored by: Lauren M. Randall Posted in: Real Estate Wills & Estates

More and more Canadians are renting their homes to travelers via online short-term vacation rental services such as Airbnb, VRBO and HomeAway.

Read full article
Monday June 18, 2018

Are You Travelling with Children This Summer?

Authored by: Terrance G. Sheppard Posted in: Family Law

If you are travelling within Canada with your children, very little documentation is required, although you should be sure that you have current identification for yourself and each child.

Read full article
Friday June 1, 2018

NDAs: Are They Worth The Paper They’re Written On?

Authored by: Marc J. Belliveau Posted in: Business Law Employment Law Intellectual Property

Non-Disclosure Agreements (NDAs), sometimes called Confidentiality Agreements, are a type of contract which compels its parties to come under the proverbial “cone of silence.”

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Friday May 25, 2018

Cannabis Legalization in Canada and Drug-Impaired Motor Vehicle Operation

Authored by: David S.R. Parker Posted in: Criminal Law Personal Injury

Proposed legislation to legalize (and regulate) marijuana use and sale (Cannabis Act) is currently before the Federal Parliament.

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Friday May 4, 2018

“Something Old, Something New, Something Borrowed, Something Blue” and Updating Your Will?

Authored by: Andrew P. Nicol Posted in: Family Law Wills & Estates

Marriage and your Estate Plan

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Friday April 13, 2018

Death and Taxes: Who Has Priority to Estate Assets?

Authored by: Andrew P. Nicol Posted in: Wills & Estates

We have all heard the saying that there are only two certainties in life: death and taxes. The recent decision of Evans Estate (Re), 2018 NSSC 68 confirmed the truth of that saying.

Read full article
Monday March 26, 2018

A Time of Reckoning – IRS Shuts down Offshore Voluntary Disclosure Program

Authored by: Bryce W. Morrison Posted in: Business Law

As of September 28, 2018, the Internal Revenue Service (IRS) will shut down the 2014 Offshore Voluntary Disclosure Program (OVDP).

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Tuesday March 6, 2018

Are Cover Bands Copyright Pirates?

Authored by: Marc J. Belliveau Posted in: Intellectual Property

When your favourite local cover band performs an exact rendition of Brown-Eyed Girl, Sweet Home Alabama or Wagon Wheel, are they infringing the copyright of the song’s owner?

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Friday February 23, 2018

Interjurisdictional Support Order Updates

Authored by: Terrance G. Sheppard Posted in: Family Law

Nova Scotia is in the process of updating its Interjurisdictional Support Orders (ISO) legislation, making it easier to claim spousal or child support from an individual living outside the province.

Read full article
Thursday February 8, 2018

Why Should I Register My Trade-mark?

Authored by: Marc J. Belliveau Posted in: Intellectual Property

While a trade-mark does not have to be registered, the legal advantages and significant benefits of registration are undeniable.

Read full article
Tuesday February 6, 2018

2018 Minor Injury Cap Announced

Posted in: Personal Injury

The Nova Scotia government has announced that the minor injury cap amount for 2018 is $8,579. 

Read full article
Wednesday January 31, 2018

Upcoming Introduction of the Domestic Violence Court

Authored by: Terrance G. Sheppard Posted in: Criminal Law Family Law

Nova Scotia will soon be introducing the ‘Domestic Violence Court’ (DVC) located in the Halifax Provincial Courthouse.

Read full article
Friday January 26, 2018

Tax Claims for Family Legal Fees

Authored by: Bryen E. Mooney Posted in: Family Law

Tax season is yet again upon us.  Keep in mind that if you provided payment for legal fees in relation to a family law matter in 2017, you may be able to claim those fees on your taxes. 

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Wednesday January 10, 2018

Child Support: The Child's Right and the Parent's Responsibility

Authored by: Jessica D. Chapman Posted in: Family Law

Child support is most often paid by one parent, to the parent who has care of the child the majority of the time.  A payor parent has a legal responsibility to provide child support regardless of whether that parent has communication or contact with the child. 

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Monday January 8, 2018

Tips for Supreme Court (Family Division)

Posted in: Family Law

The Supreme Court of Nova Scotia (Family Division) has recently published a helpful list of tips and hints designed to aid counsel and unrepresented individuals. 

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Wednesday November 29, 2017

Don't Forget to Look Both Ways - Crosswalk Safety

Authored by: David S.R. Parker Posted in: Personal Injury

Ensuring pedestrians are safe is the duty of both the driver and the pedestrian.

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Monday November 27, 2017

Child Tax Benefits After Separation

Authored by: Jessica D. Chapman Posted in: Family Law

Read full article
Monday November 27, 2017

Southern Getaways and the Hazards of Plate Glass

Authored by: David S.R. Parker Posted in: Personal Injury

Read full article
Friday November 17, 2017

Do I Need an Interim Agreement or Order?

Authored by: Jessica D. Chapman Posted in: Family Law

Interim Agreements and Orders can help to minimize conflict and reduce unnecessary back and forth between the parties.

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Wednesday November 8, 2017

Nova Scotia's Cyber-Protection Act

Authored by: Terrance G. Sheppard Posted in: Criminal Law

Two years after the Nova Scotia Supreme Court struck down the Cyber Safety Act, the Nova Scotia Government has reintroduced new legislation to deal with cyber bullying.

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Tuesday October 24, 2017

Lost Wages Resulting from a Car Accident

Authored by: David S.R. Parker Posted in: Personal Injury

What happens when you make a claim for lost wages as a result of a car accident, but you haven’t declared your past earnings for income tax?

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Wednesday October 18, 2017

Halifax Police Announce Voluntary Surrender Day

Authored by: Terrance G. Sheppard Posted in: Criminal Law

Voluntary Surrender Day in Halifax is Saturday, October 28 from 8:30 A.M. until 4:30 P.M.

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Tuesday October 3, 2017

Who Owns the Copyright in Your Tattoo?

Authored by: Marc J. Belliveau Posted in: Intellectual Property

Tattoos have existed for over 5,000 years and are becoming more popular than ever. Few people may realize though, that they do not own the copyright to the beautiful artwork inked forever into their skin.

Read full article
Wednesday September 20, 2017

Well Water Testing When Buying a Home

Authored by: Lauren M. Randall Posted in: Real Estate

If you’ve decided to buy a home that is not on municipal water services it is important to know how this affects the home purchase process and ongoing home ownership. 

Read full article
Thursday September 7, 2017

Copyright Law: Should Canada Adopt Photoshop Disclaimers?

Authored by: Marc J. Belliveau Posted in: Intellectual Property

This fall the Federal government will undertake a mandated review of the Copyright Act. 

Read full article
Friday September 1, 2017

Medicinal Marijuana Expense Health Insurance Coverage and Personal Injury Claims

Authored by: David S.R. Parker Posted in: Personal Injury

Prescriptions for medicinal marijuana are becoming more common, particularly for chronic pain patients. There is rising concern among physicians regarding opioid addiction, and some are now prescribing medicinal marijuana as an alternative pain treatment.

Read full article
Tuesday July 25, 2017

Driver Fatigue and Car Accidents

Authored by: David S.R. Parker Posted in: Personal Injury

If you’ve ever been on a road-trip, you can understand the fatigue that settles in after hours of being on the road. A 2007 survey has shown that most Canadians have driven when they were fatigued and of those, 15% had fallen asleep at the wheel.

Read full article
Friday July 21, 2017

The York University Case: Crisis in Copyright Law

Authored by: Marc J. Belliveau Posted in: Intellectual Property

You’ve often heard the old legal saying “hard cases make bad law.”  Well, it still happens.

Read full article
Thursday July 6, 2017

Trade-marks: Bring out your Worst Words

Authored by: Marc J. Belliveau Posted in: Intellectual Property

On June 19, 2017, the U.S. Supreme Court (USSC) delivered a unanimous decision that the 1946 trade-mark law (Lanham Act) prohibiting the registration of “disparaging” words and phrases, violated the country’s constitution as an unacceptable restriction on free speech.

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Thursday June 8, 2017

What to Know About the Passenger Bill of Rights

Authored by: Summer Student Jimmy Bray Posted in: Government Regulation

The Government of Canada is working to amend the Canada Transport Act for a Passenger Bill of Rights that will help the government regulate the airline industry. The bill will set standards and criteria that airlines are required to meet relating to passenger comfort and convenience.

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Thursday June 1, 2017

Top 10 Bicycle Safety Tips

Authored by: David S.R. Parker Posted in: Personal Injury

Riding a bicycle is a healthy, fun, and efficient way to get around and enjoy the outdoors. More and more people are choosing to cycle. If you find yourself on a bicycle, the following tips will improve your bicycle safety and reduce the chances of being involved in a collision.

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Friday May 26, 2017

Three-Dimensional Trade-marks

Authored by: Marc J. Belliveau Posted in: Intellectual Property

On May 17, 2017 the UK Court of Appeal's denied Nestle's decade-long efforts to register its iconic four-finger shape of a KitKat bar in Britain. The shape of the candy is registered as a trade-mark in several countries, including Canada, Australia, France, and Germany.

Read full article
Tuesday May 23, 2017

Obtaining a Record Suspension

Authored by: Terrance G. Sheppard Posted in: Criminal Law

If you are a Canadian citizen with a criminal record and are looking to travel to the United States, it is important that you obtain a record suspension. Canadians charged with a criminal offence will find it more difficult to travel across the border without being cleared of their criminal charge.

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Thursday May 18, 2017

Car Insurance Telematics Device - Reduce Car Insurance Premiums but Beware of "Big Brother"

Authored by: David S.R. Parker Posted in: Personal Injury

Insurance companies have started offering reduced insurance premiums for drivers who agree to have a telematics device installed in their car. The device records driving habits and transmits them back to the insurer. There are, however, some concerns with these devices that you should be aware of.

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Friday April 21, 2017

Canadian Court Awards Separate Damages for Future Potential Pregnancies

Authored by: Terrance G. Sheppard Posted in: Family Law

For the first time, a court in Canada has awarded separate damages for surrogacy fees for future potential pregnancies.

Read full article
Tuesday April 18, 2017

Copyright Law: Moral Rights in Sculpture Placement

Authored by: Marc J. Belliveau Posted in: Intellectual Property

A heated debate is emerging in the copyright world this week; can an artist’s moral rights be infringed merely by placing an object next to a sculpture. This debate poses the questions, what are moral rights and how does the Canadian Copyright Act protect artists.

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Thursday April 6, 2017

Sun Seekers and Injuries in Paradise

Authored by: David S.R. Parker Posted in: Personal Injury

When taking a vacation to warmer climates, the last thing we think about is the possibility of getting injured. You may not realize however, that the laws in other countries dealing with regulating excursions and activities are very different or completely non existent.

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Wednesday March 29, 2017

When A Cease & Desist Letter Backfires

Authored by: Marc J. Belliveau Posted in: Intellectual Property

During the most popular week for burgers in Halifax, it was reported that lawyers for McDonald’s Corporation sent a cease and desist letter to a Halifax restaurant. A cease and desist letters can have a strong deterrent effect, if it's without solid legal foundation, the sender loses credibility.

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Wednesday February 15, 2017

The CBA responds to Health Canada's Initiative to Develop Regulations Covering Reimbursement of Expenditures to Surrogates

Authored by: Terrance G. Sheppard Posted in: Family Law

This blog post is a follow up from the January 26, 2017 blog post. The CBA has responded to Health Canada's initiative to develop regulations covering the reimbursement of expenditures to surrogates.

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Thursday February 2, 2017

Some Good News for Victims Injured in Motor Vehicle Accidents

Authored by: David S.R. Parker Posted in: Personal Injury

The Supreme Court of Canada has finally put to rest an argument continually raised by insurers to reduce their exposure; CPP Disability benefits must be deducted when calculating an insured's entitlement under an SEF 44 underinsured motorist coverage policy.

Read full article
Tuesday January 31, 2017

2017 Minor Injury Cap Announced

Posted in: Personal Injury

The Nova Scotia government has announced the minor injury cap amount for 2017.

Read full article
Thursday January 26, 2017

Health Canada Looking to Develop Regulations Governing the Reimbursement of Expenditures to Surrogates

Authored by: Terrance G. Sheppard Posted in: Family Law

On September 30, 2016, Health Canada announced they would be making changes to the regulations governing surrogacy under the Assisted Human Reproduction Act. They will controversially be proposing to regulate reimbursable expenses for parties involved in surrogacy arrangements.

Read full article
Tuesday January 17, 2017

Did You Know That Snow on Your Car is an "Unsecured Load"?

Authored by: David S.R. Parker Posted in: Personal Injury

Leaving snow on your vehicle after a snowfall is not only a hazard to you, but a hazard to all other drivers on the roads. Failure to do so may also result in tickets and fines of up to $400 depending on the offense. It is important to remember to always clear your vehicle from any obstruction.

Read full article
Monday January 9, 2017

Purchasing a Property at a Tax Sale

Authored by: Allen A. Campbell Posted in: Real Estate

Purchasing a property at a tax sale can potentially provide an excellent deal on a valuable property. However, it is not without its pitfalls.

Read full article
Tuesday December 13, 2016

Ontario Introduces All Families Are Equal Act

Authored by: Terrance G. Sheppard Posted in: Criminal Law

On September 29, 2016 the Ontario Government introduced legislation to ensure all parents are recognized equally regardless of their sexuality or the manner in which the child was conceived.

Read full article
Tuesday December 6, 2016

New CRA Reporting Requirements for the Sale of your Principal Residence

Authored by: Andrew P. Nicol Posted in: Real Estate

The CRA has implemented new reporting requirements for the sale of a principal residence for any sales on or after January 1, 2016. If your home meets the principal residence exemption requirements, you still do not have to pay tax on the sale but are now required to report it.

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Thursday November 24, 2016

So you're Thinking of Buying a New Construction Condo Unit...

Authored by: Lauren M. Randall Posted in: Real Estate

New construction condo units can be an attractive opportunity for first time owners, but these units come with their own unique set of terms and conditions that you should be aware of.

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Thursday October 20, 2016

5 Reasons to Choose Mediation when you Separate

Authored by: Peter D. Crowther Posted in: Family Law

Going through a divorce can be a difficult time, but there are other options besides a costly court battle. Here are five advantages to choosing Mediation instead of the courts to help you decide if mediation is right for you.

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Thursday October 13, 2016

How your Insurance can Help if you're Diagnosed with a Critical Illness

Posted in: Personal Injury

A diagnosis of breast cancer takes an enormous toll on a woman and her loved ones and may also result in a financial hardship making recovery even more difficult. Your insurance and health benefits are designed to help protect you in these types of situations and reduce the added stress.

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Tuesday October 4, 2016

Quebec Planning to Legitimize Surrogacy

Authored by: Terrance G. Sheppard Posted in: Family Law

Quebec's Civil Code has long held surrogacy agreements void while other Canadian provinces have moved to legitimize the process. However, all of that may change. Quebec's Minister of Justice has recently announced to take a fresh look at the issue and it's place in today's society.

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Monday August 29, 2016

Times are Changing in Family Law

Authored by: Terrance G. Sheppard Posted in: Family Law

The Matrimonial Property Act no longer reflects the face of the Nova Scotian family. In order to address our evolving society, The Law Reform Commission of Nova Scotia has released a discussion paper regarding proposed changes to the act and how it will affect Nova Scotians.

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Friday August 19, 2016

Highway Driving This Summer – Stay Safe and Free From Tickets

Posted in: Criminal Law Personal Injury

Highway driving in the summer can come with its own set of safety hazards and opportunities to be ticketed. Knowing when to pull over for authorized vehicles and how to read construction zone signs can help keep you safe and free from tickets.

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Wednesday August 17, 2016

What to Know if Chasing a Pokémon… or if you Want to Catch a Pokémon-Chaser in Your Yard

Authored by: Tracy S. Smith Posted in: Civil Law Criminal Law

Pokémon Go is the latest craze that kids, teens and adults alike are all crazy for. This post will provide general insight into the legalities of trespass so that players can be more informed about the dangers of wandering on to private property.

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Friday July 15, 2016

What Will a Car Accident Lawyer Charge to Take on my Case?

Authored by: David S.R. Parker Posted in: Personal Injury

If you have been involved in an accident and are seeking compensation for your injuries, it is important that you know your options before you take action. Personal injury and accident lawyers often work on something called contingency. In other words, your lawyer will not be paid until you are.

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Monday June 27, 2016

Water Safety & Parental Supervision - Lessons in Law

Authored by: David S.R. Parker Posted in: Personal Injury

The issue of parental supervision that surfaces is something that does comes up in the area of personal injury law. While summer may be a great opportunity to get outside, water safety, particularly for young children, becomes an area of concern.

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Wednesday May 18, 2016

Avoiding Accidents and Injuries While Cycling at Night

Authored by: David S.R. Parker Posted in: Personal Injury

Both cyclists and drivers have certain duties that are imposed upon them by law which dictate how they are expected to behave on the road. In Nova Scotia, the law requires that when riding at night on a bicycle, at minimum you must use a white front light and red rear reflector or light.

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Friday April 15, 2016

A Gift of Life: Organ and Tissue Donation

Authored by: Andrew P. Nicol Posted in: Wills & Estates

Organ and tissue donation is one of the most powerful gifts. Donating an organ can save or prolong the recipient’s life. Organ donation from a single person can impact the lives of up to eight people while a single tissue donation can improve the lives of up to forty people.

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Monday March 28, 2016

Estate Planning: Married, Divorced or Common Law

Authored by: Lauren M. Randall Posted in: Wills & Estates

If you are married, divorced, separated or common law there are different ways your assets will get distributed upon death. It is important to know what happens to your assets in the event something happens to you. Estate plans allow you to decide how your assets get distributed.

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Thursday March 10, 2016

Are You Travelling With Children?

Authored by: Terrance G. Sheppard Posted in: Family Law

If you are travelling within Canada with your children, very little documentation is required, although you should be sure that you have current identification for yourself and each child. Unless both parents are travelling with the children, you should have a Travel Letter signed.

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Wednesday March 9, 2016

What you Need to Know After a Slip and Fall Accident

Posted in: Personal Injury

A case is only as strong as its evidence. A person injured from a slip and fall accident obtains compensation by proving that someone else was ‘at fault’ for their fall. After obtaining legal representation substantial evidence will be gathered to prove your case.

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Tuesday March 1, 2016

Is a “Concussion” really a “Minor Injury”?

Authored by: David S.R. Parker Posted in: Personal Injury

If you sustain a concussion in a motor vehicle collision, is the injury considered to be “minor” and capped to $7,500 for pain and suffering? Whether a concussion is a sprain, strain or whiplash-associated disorder (WAD) has not been addressed by our courts.

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Friday January 15, 2016

Making Legal Tracks – Winter Pedestrian Safety

Authored by: David S.R. Parker Posted in: Personal Injury

Although some of us would rather curl up somewhere warm and sleep through the cold Nova Scotia winter, the reality is that we will all find ourselves braving the elements more often than we might like. This time of year it is especially important to use caution as a pedestrian.

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Tuesday January 5, 2016

Changes to the Maintenance Enforcement Program (MEP)

Authored by: Jessica D. Chapman Posted in: Family Law

In 1996, the Maintenance Enforcement Program (MEP) was established in order to allow for a government body to assist in the enforcement of existing court orders for spousal and child support. In establishing the MEP, the onus was shifted from the individual support recipient, acting at the time in

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Tuesday November 17, 2015

Accessing Financial Aid After a Collision

Posted in: Personal Injury

Injuries caused by a motor vehicle collision often take a financial toll on the individuals involved. Whether or not you are at fault for the collision, and whether or not you are employed, you may have access to some financial resources to help you in the aftermath of a collision.

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Thursday November 12, 2015

Winter Tires and Driving Safety

Authored by: David S.R. Parker Posted in: Personal Injury

If this winter is going to be anything like the last it is important to get your vehicle ready. The weather can change quickly and we need to prepare for the unpredictable driving conditions. When we think of safety on the road, we think of air bags, maintaining focus, and the safety ratings of our

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Thursday October 29, 2015

Halloween Safety

Authored by: David S.R. Parker Posted in: Personal Injury

Little is more exciting to kids than dressing up in wacky costumes and being set free in neighbourhoods to collect free candy. Halloween should be a fun time that is free of easily preventable accidents and injuries. A few simple considerations when planning costumes, decorating around your house,

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Wednesday October 21, 2015

10 Tips to Protect Yourself After a Motor Vehicle Collision

Authored by: David S.R. Parker Posted in: Personal Injury

The last thing any driver wants to think about is getting into a car accident. However, in 2013 there were over 122,000 collisions in Canada . These accidents can range from fender benders to serious collisions. It is important to know what steps you can take to protect yourself if you ever were to

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Tuesday September 22, 2015

Mitigating Your Losses – A Win-Win Decision

Authored by: Luke Godin, Articling Clerk Posted in: Personal Injury

Unfortunately, many injury victims have a tendency to delay or forgo medical treatment after an accident. Whether it is out of optimism or dislike of having to see a doctor, avoiding medical treatment can be even more harmful. First, injuries that could have been treated early on can become even

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Friday September 11, 2015

Getting Your Affairs in Order

Authored by: Amanda M. Carew Posted in: Wills & Estates

Now that the lazy days of summer are over, it is the time of year that many people tackle the to-do list of things to get organized for fall. High on that list should be getting a proper estate plan in place. By doing so, you ensure that in the event something happens to you, your loved ones are

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Thursday September 3, 2015

Barrier for Sexual Assault Victims Removed in Nova Scotia

Posted in: Personal Injury

As of September 1, 2015, the government of Nova Scotia has removed a potential barrier to justice for victims of sexual assault. It is well known that many victims of a childhood sexual assault are unable to come forward about their abuse at the time that it occurs. In fact, one study indicates that

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Friday August 28, 2015

Back to School Travel Safety

Authored by: David S.R. Parker Posted in: Personal Injury

New backpacks, lunchbags and binders along with the change in Nova Scotia weather are all signs that it is time for children to go back-to-school. While it is an exciting time of year it is also important to go over some safety tips with your children for travelling to and from school. Whether they

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Tuesday August 11, 2015

Limitation of Actions Act, 2015

Authored by: David S.R. Parker Posted in: Personal Injury

If you are involved in a personal injury matter, whether it is a motor vehicle collision or a slip and fall, the time frame to commence an action is limited. As of September 1, 2015, new amendments to the Limitation of Actions Act (the “Act”) will come into effect. These new amendments to the Act

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Friday July 3, 2015

Essential Post-Accident Advice – Do you know who is calling?

Posted in: Personal Injury

After a motor vehicle collision occurs, you may get calls from many different insurance company employees or adjusters. It is important to understand the differences between the adjusters as soon as your phone starts to ring. This quick guide explains the different types of adjusters and can help

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Tuesday June 30, 2015

Municipal Zoning: It is better to ask for permission rather than forgiveness

Authored by: Andrew P. Nicol Posted in: Real Estate

You are on the hunt for a new home and as you are looking at listings, you come across several that have a separate suite. This suite might be in the basement, or it might be an addition to the home. It has its own entrance, kitchen, and washroom. These suites are commonly referred to as in-law

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Monday June 15, 2015

Changes to the Temporary Foreign Worker Program

Authored by: Jacqueline R. Ruck Posted in: Employment Law

The Government of Canada has made changes to the Temporary Foreign Worker Program (TFWP) with the stated purpose of ensuring that Canadians are given the first chance at available jobs.On June 20, 2014, the Government created two separate programs: TFWP which requires a Labour Market Impact

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Friday June 5, 2015

Bicycle Safety - What Should I do if my Child is Injured?

Authored by: David S.R. Parker Posted in: Personal Injury

With the winter finally behind us and HRM bike week running from June 5th-14th, it is a good time for you and your kids to get out on your bikes. It is also a good time to talk to your children about the importance of proper helmet safety. According to the IWK’s Child Safety Link, cycling is the

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Monday May 11, 2015

Faint Hope for Suspended Drivers

Authored by: Terrance G. Sheppard Posted in: Criminal Law

If your license has been permanently suspended because of impaired driving charges, a new amendment, effective April 1, 2015, gives some hope that you may be able to get your license back. You have to have had your license suspended for 10 years, and must be willing to have the alcohol ignition

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Thursday April 23, 2015

What is User Generated Content (UGC)?

Authored by: Tesa Court, Administrative Coordinator Posted in: Students

You may have heard the term, and wondered exactly what it means, or what it can do for your business. Simply put, UGC is exactly what it sounds like - any kind of content generated by users; typically it is content for social media platforms and websites. It can come in a variety of forms - blogs

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Monday March 30, 2015

Incorporating Your Medical Practice: It’s Never Too Early To Talk About It

Authored by: Craig Arsenault, Articling Clerk Posted in: Business Law

Far too many Physicians lose out on significant financial benefits by waiting until they are five, ten or fifteen years into their practice before they decide to incorporate. Don’t let that be you! When you are a Medical Resident, especially one in the final year of your residency, it is important

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Friday March 20, 2015

Say Cheese! Can Lawyers Get Their Hands On Your Private Photos?

Posted in: Personal Injury

If you are like most Canadians, you are longing to escape the winter and head south in search of white sandy beaches and maybe even a tropical cocktail. However, if you are in the midst of pursuing a personal injury claim, there are things you should know before packing your bags. The lawyer for

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Wednesday March 4, 2015

Take Heed: Waiting To Sue May Not Be Your Friend

Posted in: Personal Injury

Did you know there are time limits on how long you have to sue someone for an unlawful act they may have committed against you? In October 2014 the Nova Scotia Government reworked many of its legal limitation laws and the changes will soon take effect. The laws have established a basic two year

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Tuesday February 24, 2015

Websites: You Only Get One First Impression

Authored by: Tesa Court Posted in: Students

I’ve been spending more time than usual lately in front of a computer screen; searching, tweeting, posting, and writing, all the things required of an Administrative Coordinator. During this screen time I’ve come across an array of websites, everything from business to social media. This has

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Friday February 13, 2015

Avoiding the Pitfalls of Loaning Money to Family or Friends

Authored by: Andrew P. Nicol Posted in: Mortgage Enforcement & Collections

Loaning money to a family member or a friend can be a tricky situation: a personal relationship exists between the parties, the borrower may have a sudden financial hardship, and the lender may have a strong desire to help that person. Generally, it is better to provide a gift of a smaller amount

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Friday February 6, 2015

Think Twice Before You Post: Can Posts on Facebook be Used as Evidence in my Family Law Matter?

Authored by: Bryson McDonald Posted in: Family Law

In recent years, Canadian Courts have allowed postings on social media sites to be used as evidence in Family Law matters. The most predominant source of these postings has been from the social media site, Facebook. Social media sites are often one of the first sources the opposing party will look

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Monday February 2, 2015

Winter Walking: Tips on Staying Safe as a Pedestrian

Authored by: Rilla Banks Posted in: Personal Injury

If you’re a pedestrian in Nova Scotia, you know that getting through winter can be tough: sidewalks can go unplowed for days, visibility makes black ice hard to see, and the biting sea breeze doesn’t help. What’s more, as a pedestrian you should always be alert to the potential danger of getting

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Friday January 23, 2015

A New Year, A New Challenge

Authored by: Tesa Court Posted in: Students

As 2015 rolls in with unpredictable weather, resolutions, and a can-do attitude for the year ahead, I find myself embarking on a new venture in my life. I’m a third year Business Administration student at Mount Saint Vincent University and I just started my work term as an Administrative Coordinator

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Monday December 22, 2014

A Final Farewell

Authored by: Morgan Wong Posted in: Students

Over the past few months, I have gotten to know a lot of the employees at BOYNECLARKE LLP, each morning I am greeted by countless smiling faces and cheerful greetings. It saddens me to think I only have one more day left because so far it has been such an amazing experience. Every single person

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Tuesday November 25, 2014

Purchasing a Foreclosed Property

Authored by: Allen A. Campbell Posted in: Real Estate

Purchasing a foreclosed property can be one way to get a really good deal on a property, however there are some risks involved. There are typically two ways to purchase a foreclosed property: Bid on the property at the foreclosure or Sheriff’s Sale/Auction, or if no one buys the property at the

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Friday November 7, 2014

Test Driving Future Careers

Authored by: Morgan Wong Posted in: Students

As a high school student it is both difficult and scary to choose what you want to do for the rest of your life. You rarely know if what you think you want to do is really what you want to do. My name is Morgan Wong, and I am enrolled in the Cooperative Education Program at Prince Andrew High School

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Wednesday October 15, 2014

How do I change my Court Order as it relates to custody, access and parenting?

Authored by: Jessica D. Chapman Posted in: Family Law

Following a separation, parties regularly obtain a Court order which outlines custody, access and a parenting schedule. However, with time, things inevitably change. Parents move. Children start school, or graduate from school. Parents re-partner. Parenting arrangements change, organically. Sometime

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Monday July 28, 2014

Canada's Anti-Spam Legislation

Authored by: Christene H. Hirschfeld, Q.C., ICD.D Posted in: Business Law

On July 1, 2014, the bulk of Canada’s anti-spam legislation (“CASL”) came into effect. If your business or organization sends electronic messages to communicate information, you must be aware of this law. The legislation is complicated. This overview is intended to highlight the

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Tuesday June 17, 2014

What to Think About When Making a Will

Authored by: George M. Clarke Posted in: Wills & Estates

Writing your will can be an overwhelming process. Here is a list of items that can offer some assistance when preparing your will. You must name an executor (also called a trustee). This is the person who carries out the instructions in the will. It is a good idea to name an alternative,

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Tuesday June 17, 2014

Should I Have a Cohabitation Agreement?

Authored by: Jessica D. Chapman Posted in: Family Law

A cohabitation agreement is a contract signed by two parties who are living together, or are planning on living together, and who contemplate the division of their assets and debts, and/or support obligations, if a separation and/or divorce of the parties were to occur in the future. As a couple

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Wednesday June 4, 2014

Important Car and Pedestrian Collision Information

Posted in: Personal Injury

Car and pedestrian collisions in HRM are happening at an alarming frequency; it seems that every other day another incident is in the news. The number of pedestrian collisions since the beginning of 2014 is overwhelming. Halifax Regional Police are now reporting all pedestrian collisions in an

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Wednesday June 4, 2014

10 Things Every Teacher/School Administrator Should Know About Family Law

Authored by: Terrance G. Sheppard Posted in: Family Law

Custody can often refer to the “physical custody” of the child; that is, in which parent’s care is the child on a given day; however, the more usual use of the word custody refers to the “legal custody” of the child. Legal custody refers to which parent has the responsibility to make the major

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Tuesday June 3, 2014

Open for Comment: You Can Help Determine how Crowdfunding will be Regulated

Authored by: Ted R. Sawa Posted in: Business Law

Following the lead of Saskatchewan, the security regulators of Nova Scotia, Quebec, Saskatchewan, New Brunswick and Manitoba are seeking feedback on proposed regulations with respect to raising money and issuing securities via the internet (‘Proposed Regulations’). Ontario and British Columbia have

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Monday June 2, 2014

10 Tips to Minimize Your Legal Fees in Family Law Matters

Authored by: Jessica D. Chapman Posted in: Family Law

A divorce, separation or any family law dispute can be an emotional, stressful and very expensive process. However, there are certain steps you can take to keep your legal costs down. Be honest and forthcoming. Speak candidly to your lawyer, and formulate realistic goals and expectations as early

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