Blog

Manitoba Required to Expand their Definition of Parent

The Manitoba Court of Queen’s Bench declared that the current definition of “parent” and related provisions in Manitoba’s Family Maintenance Act violate the equality rights guaranteed under the Canadian Charter of Rights and Freedoms.

Cellphones and distracted driving: “Keep your hands where I can see them”

The Nova Scotia Motor Vehicle Act states that “it is an offence for a person to use a hand-held cellular telephone or engage in text messaging on any communications device while operating a vehicle.”

Dealing with bone and soft-tissue injuries

What is an orthopaedic injury?
What causes orthopaedic injuries?
Are there legal differences between soft-tissue injuries and fractures?

Canada Expands Definition of “Parent” under the Citizenship Act

On July 9th, the Minister of Immigration, Refugees and Citizenship, Marco E. L. Mendicino, announced a change in the interpretation of "parent" under the Citizenship Act.

Return to treatment series: Get your healthcare even during the COVID-19 pandemic

Recently, governments have started to ease restrictions and, as a result, healthcare providers have started opening their doors for in-person treatments. We asked chiropractor Dr. Liam Ryan a few questions about the clinic Nova Physiotherapy and how it is operating during this time.

Don’t let COVID-19 stop you from getting the healthcare treatment you need

The COVID-19 pandemic has disrupted many of the activities and routines in people’s daily lives. We asked chiropractor Kate MacAdam at Dr. MacAdam and Associates a few questions about her clinic and how it is operating during this time.

Saskatchewan Bill 205 – Changes for Surrogates and Intended Parents

Bill 205 passed royal assent on March 16th. Although the Act is not yet in force, the changes led to some much-needed updates to Saskatchewan’s Children’s Law Act and fertility law.

What is the award for your pain and suffering from a vehicle collision?

If you suffered minor injuries from a motor vehicle collision, Nova Scotia law sets a limit for the amount you can be awarded for your pain and suffering. This limit depends on the year in which the collision happened.

PPSA Security Registration Update

The Nova Scotia Registrar in Bankruptcy issued the decision Rizzato (Re), 2020 NSSC 63, on April 24, 2020.

Hurt? We can help. Request a free personal injury consultation

Recovering from an injury is by itself difficult enough. But in the aftermath of an injury, you may also need to deal with multiple other personal issues caused by your injuries.

Can Your Business Survive
COVID-19?

Many, if not most, businesses in Canada have been affected by the COVID-19 pandemic. Some major businesses are already looking at restructuring options. Many of these will be hoping that they are “too big to fail”. They may be right.

Court Warns Preventing Co-Parent from Accessing Child has Consequences

“Unreasonable failure to support a child’s relationship with the other parent is a failure of parenting,” says Ontario Family Court judge.

Court Grants Parent Additional Parenting Time Amidst COVID-19

In two recent Ontario cases, the courts ordered shared parenting amid the COVID-19 pandemic.

Small and Medium Business FAQs During COVID-19

During the COVID-19 crisis, we are focused on ensuring we do our part in keeping your business running smoothly. This article addresses some frequently asked questions by small and medium businesses during this time, including an overview of the current programs available to businesses.

UPDATE: Supreme Court (Family Division) – Court Options to Proceed Amidst COVID-19

On Wednesday, April 29, 2020, the Supreme Court of Nova Scotia (Family Division) issued additional updates to its Notices dealing with court operations during the COVID-19 pandemic. The following summarizes those updates.

Options for Your Business During the Pandemic (Besides Layoffs)

Employers have been faced with immense challenges in this unprecedented situation, including the possibility of employee layoffs. While this may be an option to consider, we want to let you know that there are other options available.

Landlord and Tenants in Nova Scotia – Changes due to COVID-19

COVID-19 has brought dramatic changes in our daily lives. This article addresses some of the changes that are affecting landlords and tenants in Nova Scotia.

The Coronavirus v. “the Virus of Conflict”: Using COVID-19 as Excuse to Deny Parenting Time

The Ontario Superior Court of Justice recently released yet another COVID-19 parenting decision. In this case, the mother brought an urgent motion trying to vary a shared parenting order between her and the father.

Supreme Court (Family Division) – Court Options to Proceed Amidst COVID-19

On Monday, April 20, 2020, the Supreme Court of Nova Scotia (Family Division) issued updates to its Notices dealing with court operations during the COVID-19 pandemic. The following summarizes those updates.

Nova Scotia Court Rules on COVID-19 Parenting Time

The courts of Nova Scotia are currently operating under an emergency services model.

Supreme Court of Nova Scotia (Family Division) Update

On April 14, 2020, the Supreme Court of Nova Scotia (Family Division) issued an updated Notice.

Retroactive Record Suspension Eligibility Deemed Unconstitutional, Federal Court says.

In 2010 and 2012, Parliament enacted the Limiting Pardons for Serious Crimes Act, SC 2010, c 5 [LPSCA] and the Safe Streets and Communities Act, SC 2012, c 1 [SSCA], which amended certain provisions of the Criminal Records Act (“CRA”).

Ontario Court of Appeal Finds Ways to Hear Appeals During COVID-19

Unlike Nova Scotia, the Ontario Court of Appeal is allowing parties who had scheduled appeals to request their appeal be heard in writing. In contrast, the Nova Scotia Court of Appeal has adjourned or postponed all hearings that were scheduled for May/June with no option to proceed in writing.

Immunocompromised Mother Granted Exclusive Possession of Matrimonial Home After Father Failed to Take COVID-19 Seriously

In an Ontario decision released on March 31, the Ontario Superior Court of Justice dealt with an urgent issue regarding the mother’s exclusive possession of the matrimonial home.

UPDATE: Moving between homes during COVID-19: Public health advice versus legal obligations

On Tuesday, March 31, 2020, Nova Scotia’s chief public health officer, Dr. Strang, advised that children moving between homes in co-parenting situations may increase the child and family’s exposure to COVID-19.

Ontario Decisions on Parenting Time During COVID-19

Yesterday, Dr. Strang recommended that children should not be moving back and forth between two homes. However, Courts in Ontario have indicated otherwise. You should seek legal counsel prior to altering any current parenting order or agreement.

PGWP Eligibility and COVID-19

For university students, the arrival of spring signals the approaching end of the academic year. For students completing their studies, the end of their final semester is usually marked by graduation ceremonies, celebrations, and the start of a post-university life and career.

Moving between homes during COVID-19: Public health advice versus legal obligations

This afternoon, Nova Scotia’s chief public health officer, Dr. Strang, advised that children moving between homes in co-parenting situations may increase the child and family’s exposure to COVID-19.

Another Look: Widow Denied Late Husband’s Sperm

In this case, a wife and husband had been in a long-term relationship and had been married for three years until the husband died suddenly and unexpectedly.

Impact of COVID-19 on Contractual Obligations

In light of the novel coronavirus (COVID-19), many businesses are confronted with questions about the legal and regulatory implications.

Possible Changes to Rules For Surrogacy and Egg & Sperm Donors in Canada

The Assisted Human Reproduction Act is the main law governing surrogacy and the donation of sperm/ ova in Canada. Bill S-216 was given a second reading on March 12, 2020. If the Bill ultimately passes into law, it will make major changes.

COVID-19 & Parenting Time

The Coronavirus (COVID-19) is affecting more than just toilet paper sales. It is also impacting divorced and separated parents regarding parenting time with their children.

Why do I need a Copyright Notice on my Website?

The ubiquitous use of Copyright Notices on websites isn’t always understood by business owners. Let’s review why internet websites almost universally display Copyright Notices.

Trademarks: Five Wake-Up Calls About Brand Value

Trademarks can become extremely valuable. For example, Amazon, Apple and Google are each currently valued at well over $300 billion. So, the small cost to register them is money well spent.

The Appointment of Substitute Decision Makers

Creating an enduring power of attorney and the Adult Capacity and Decision-Making Act.

Who Owns the Embryo After Divorce?

Interesting legal and ethical issues have arisen with the development of new reproductive technologies.

Copyright Law: A Brief History

Looking back at Canadian copyright law over the last decade, one of the biggest developments was the 2012 Copyright Modernization Act, which expanded fair dealing user rights and recognized numerous socially acceptable means of reproducing copyrightable works without infringing them.

Do you need advance permission to enter the USA?

As an immigration lawyer, I receive many telephone calls from people who have bought their plane tickets, got up at a “god awful” time in the morning to get to the airport to fly to the USA, and were turned away at the border.

Widow Denied Late Husband’s Sperm

Last week, a widow from British Columbia was denied access to her late husband’s sperm.

Trademark Basics: What is a Trademark?

Canadian trademark practice is evolving every year due to technological advancements in brand marketing and changes in the law itself, whether through legislative amendments to the Trademarks Act or as a result of new judicial interpretations.

Supreme Court finds Crown owns Copyright in Land Surveys

It is not often that our Supreme Court of Canada (“SCC”) decides a copyright case. So, it’s always exciting to read their latest thoughts on the interpretation of the Copyright Act (“Act”).

What are Statutory Damages for Copyright Infringement?

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.

What’s the Buzz in Music Plagiarism Lawsuits?

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.

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

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.

Five Things to Know Before Your Pre-Sentence Report

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.

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

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.

What is an Easement?

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

Copyright Law: From Beyond the Grave

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.

Changes for Parents Seeking Relocation

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.

Canada’s International Family Law Commitments

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.

New Definition of Family Violence

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.

Changing the Language on Parenting

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.

Blog Update! Changes to the Divorce Act

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.

Trademarks: Free Speech Strikes Again

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.

Bad Faith and Costs Consequences

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.

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

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.

Family Law Resources: Wise Words from a Family Court Judge

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.

Can Copyright Law Apply to Public Documents?

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.

Our Family Law Team

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.

Do You Need a Record Suspension?

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.

Canadian Trade-mark Law is Losing the Hyphen!

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.

Cottage Wars: Estate Planning and the Family Cottage

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.

Condo Parking: What You Should Know

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

Section D Limitation Period Issues

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.

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

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

Joint Tenants vs. Tenants in Common

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

Limitation Periods & LTD Claims

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.

Justice Minister seeks to Expand Unified Family Court

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.

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

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

Changes to the Divorce Act

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

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

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.

The Mamas and the Papas… and Their Parenting Agreement

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.

The Supreme Court of Canada Strikes Down Mandatory Victim Surcharges

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.

Restrictive Covenants

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.

Predatory Marriages

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]

Invisible Injuries - Chronic Pain and Depression

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

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

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

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

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.

Can I use a Power of Attorney?

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.

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

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.”

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

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

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

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

Maintenance Enforcement Program Decreases Arrears

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.

Thinking of Becoming a Franchisee?

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.

Parenting Plans in a Military Family

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.

GST/HST and International Transactions

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

Canada Pension Plan Credits after Separation or Divorce

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

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

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.

Intro to Property Tax Adjustment

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.

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

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.

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

“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.

Decriminalizing Surrogate Compensation

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.

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

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.

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

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

Are You Travelling with Children This Summer?

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.

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

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.”

Cannabis Legalization in Canada and Drug-Impaired Motor Vehicle Operation

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

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

Marriage and your Estate Plan

Death and Taxes: Who Has Priority to Estate Assets?

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.

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

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

Are Cover Bands Copyright Pirates?

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?

Interjurisdictional Support Order Updates

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.

Why Should I Register My Trade-mark?

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

Upcoming Introduction of the Domestic Violence Court

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

Tax Claims for Family Legal Fees

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. 

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

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. 

Tips for Supreme Court (Family Division)

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. 

Don't Forget to Look Both Ways - Crosswalk Safety

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

Child Tax Benefits After Separation

Southern Getaways and the Hazards of Plate Glass

Do I Need an Interim Agreement or Order?

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

Nova Scotia's Cyber-Protection Act

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.

Lost Wages Resulting from a Car Accident

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?

Halifax Police Announce Voluntary Surrender Day

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

Who Owns the Copyright in Your Tattoo?

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.

Well Water Testing When Buying a Home

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. 

Copyright Law: Should Canada Adopt Photoshop Disclaimers?

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

Medicinal Marijuana Expense Health Insurance Coverage and Personal Injury Claims

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.

Driver Fatigue and Car Accidents

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.

The York University Case: Crisis in Copyright Law

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

Trade-marks: Bring out your Worst Words

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.

What to Know About the Passenger Bill of Rights

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.

Top 10 Bicycle Safety Tips

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.

Three-Dimensional Trade-marks

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.

Obtaining a Record Suspension

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.

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

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.

Canadian Court Awards Separate Damages for Future Potential Pregnancies

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

Copyright Law: Moral Rights in Sculpture Placement

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.

Sun Seekers and Injuries in Paradise

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.

When A Cease & Desist Letter Backfires

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.

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

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.

Some Good News for Victims Injured in Motor Vehicle Accidents

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.

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

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.

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

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.

Purchasing a Property at a Tax Sale

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

Ontario Introduces All Families Are Equal Act

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.

New CRA Reporting Requirements for the Sale of your Principal Residence

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.

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

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.

5 Reasons to Choose Mediation when you Separate

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.

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

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.

Quebec Planning to Legitimize Surrogacy

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.

Times are Changing 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.

Highway Driving This Summer – Stay Safe and Free From Tickets

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.

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

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.

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

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.

Water Safety & Parental Supervision - Lessons in Law

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.

Avoiding Accidents and Injuries While Cycling at Night

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.

A Gift of Life: Organ and Tissue Donation

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.

Estate Planning: Married, Divorced or Common Law

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.

Are You Travelling With Children?

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.

What you Need to Know After a Slip and Fall Accident

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.

Is a “Concussion” really a “Minor 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.

Making Legal Tracks – Winter Pedestrian Safety

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.

Changes to the Maintenance Enforcement Program (MEP)

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

Accessing Financial Aid After a Collision

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.

Winter Tires and Driving Safety

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

Halloween Safety

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,

10 Tips to Protect Yourself After a Motor Vehicle Collision

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

Mitigating Your Losses – A Win-Win Decision

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

Getting Your Affairs in Order

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

Barrier for Sexual Assault Victims Removed in Nova Scotia

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

Back to School Travel Safety

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

Limitation of Actions Act, 2015

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

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

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

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

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

Changes to the Temporary Foreign Worker Program

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

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

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

Faint Hope for Suspended Drivers

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

What is User Generated Content (UGC)?

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

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

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

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

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

Take Heed: Waiting To Sue May Not Be Your Friend

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

Websites: You Only Get One First Impression

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

Avoiding the Pitfalls of Loaning Money to Family or Friends

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

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

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

Winter Walking: Tips on Staying Safe as a Pedestrian

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

A New Year, A New Challenge

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

A Final Farewell

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

Purchasing a Foreclosed Property

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

Test Driving Future Careers

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

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

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

Canada's Anti-Spam Legislation

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

What to Think About When Making a Will

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,

Should I Have a Cohabitation Agreement?

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

Important Car and Pedestrian Collision Information

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

10 Things Every Teacher/School Administrator Should Know About 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

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

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

10 Tips to Minimize Your Legal Fees in Family Law Matters

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