Publications
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Financing Quebec’s Energy Transition: Unlocking the Potential of Flow-Through Shares
Quebec has set ambitious energy transition and industrial decarbonization targets. The shift to greener practices has to be taken in a context where our energy consumption could rapidly grow under the combined effect of a number of factors, such as the reindustrialization of our economy, population (…)
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Publication of the Regulation clarifying the obligations of Bill 96: Impacts on trademarks for products, advertising, and public signs and posters
The Regulation1 specifying the new obligations of Bill 962 was published in the Gazette officielle du Québec on June 26, 2024. It modifies the current Regulation respecting the language of commerce and business.3 These changes were expected considering the questions raised by the passage of Bill 96 (…)
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Major change to the Canada Labour Code with new anti-replacement-worker provisions
Bill C-58, An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012, was passed on June 20, 2024, introducing anti-replacement-worker provisions to the Canada Labour Code. While anti-replacement-worker legislation has existed in Quebec since 1977, nothing (…)
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A tenderer’s failure to comply with the preliminary complaint process as part of a municipality’s public call for tenders leads to a fin de non-recevoir
Introduction On June 14, 2024, the Superior Court of Québec issued a decision1 interpreting section 938.1.2.2 of the Municipal Code of Québec, which came into force in 2019. This provision gives a person interested in participating in the awarding process the opportunity to file a preliminary (…)
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Requirements to Prevent and Reduce the Risk of Forced Labour or Child Labour: What Businesses Need to Know to Comply
On May 11, 2023, the Fighting Against Forced Labour and Child Labour in Supply Chains Act, S.C. 2023, c. 9 (the “Act”) was passed. The purpose of this Act is to implement Canada’s international commitment to contribute to the fight against forced labour and child labour, and to require certain (…)
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Sponsorship agreements in the sports world: the promise of fame and exposure
“I was outraged!” “It beggars belief!” “It’s ridiculous!”1 These are just a few of the comments heard in connection with a controversial clause in Neymar’s contract with the Saudi Arabia-based Al Hilal soccer club, which he signed in August 2023. It provided for a payment of approximately $500,000 (…)
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Possible new restrictions on employers’ right to require medical certificates
Quebec is currently facing a major shortage of physicians. To remedy the situation, several ministers in the CAQ government announced in early 2024 that significant changes would be implemented to reduce physicians’ administrative burden. And so, on May 31, 2024, Minister of Labour Jean Boulet (…)
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Harassment and Violence in the Workplace: An Overview of Recent Legislative Changes Introduced by Bill 42
Introduction In 2020, faced with statistics showing that nearly one in two women and three in ten men believed they had suffered sexual harassment or assault in the workplace,1 the Minister of Labour expressed its intention to help prevent and address this issue. The government began by setting up (…)
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Doing Business in Quebec – Our guide
The “Doing Business in Quebec” guide is a comprehensive, practical resource for any company hoping to thrive in Quebec’s competitive and regulated business landscape. Discover our guide Doing Business in Québec Download You’ll find some key information on: sources of funding to support your (…)
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Presumptive Evidence of an Insured’s Intentional Fault: The Superior Court Dismisses Proceedings Instituted Against an Insurer
Introduction On July 2, 2024, the Superior Court rendered a decision in Lallier c. Société d’assurance Beneva inc.,1 ruling on an insured’s claim against his insurer for an insurance benefit further to a loss, as the insurer had denied coverage, alleging the insured’s intentional fault. Despite the (…)
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Environmental claims about a product, a service or business activities: stricter rules to combat greenwashing
Greenwashing is a form of marketing that misrepresents a product, service or practice as having positive environmental effects,1 thereby misleading consumers and preventing them from making an informed purchasing decision.2 Several initiatives have been launched around the world to counter this (…)
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Misuse of the complaints mechanism on an e-commerce platform
At a time when Canada and many other countries are taking steps to protect users from harm online,1 a decision was handed down by the Supreme Court of British Columbia (the “Court”) on January 15, 2024, regarding the conduct of a competitor with respect to complaints about intellectual property (…)
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Almost two years after the issuance of the Single-use Plastics Prohibition Regulations, where do we stand and how are businesses affected?
On December 20, 2022, the federal government's Single-Use Plastics Prohibition Regulations1 (the “Regulations”) gradually came into force, with the effect, as the name suggests, of prohibiting (or restricting, in certain cases) the manufacture, import and sale of certain single-use plastics that (…)
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Is the proposed amendment to the Competition Act to combat greenwashing really a step forward?
Greenwashing is a form of marketing that misrepresents a product, service or practice as having positive environmental effects,1 thereby misleading consumers and preventing them from making an informed purchasing decision.2 Several initiatives have been launched around the world to counter this (…)
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New provisions governing disguised expropriation in the Act respecting land use planning and development: Impact of the declaratory effect and transitional provisions
On December 6, 2023, an amendment to the Act to amend the Act respecting municipal taxation and other legislative provisions1(“Bill 39”)was adopted during a clause-by-clause consideration of Bill 39 in parliamentary committee. Two days later, the Bill received assent. This amendment introduced new (…)
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Uncovering the intricacies of sports infrastructure financing
Two Montréal landmarks have proudly hosted some of the city’s most memorable sporting events. The Olympic Stadium (Figure 1) and the IGA Stadium, which have been and remain quintessential in our sporting history, are in need of renovations so that sports fans can continue to “raise the roof” for (…)
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New rules will make it easier to transfer family businesses
The 2023 Federal Budget (the “Budget”), tabled on March 28, 2023, proposes amendments to certain provisions of the Income Tax Act (ITA) that would make “genuine” intergenerational business transfers no longer subject to the anti-avoidance rules of section 84.1 and allow the transferor to benefit (…)
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Supreme Court of Canada ruling: Managers are not eligible for unionization under the Labour Code
On April 19, 2024, the Supreme Court of Canada rendered its decision in Société des casinos du Québec inc. v. Association des cadres de la Société des casinos du Québec, marking the end of an almost 15 year-long debate on the freedom of association of managers and their exclusion under the Labour (…)
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Tax opportunities under the Indian Act
Although it is not often well-understood in business and tax circles, the Indian Act (the “Act”), coupled with federal and provincial tax laws, provides several tax planning opportunities for Indigenous taxpayers. These laws provide various tax exemptions for people who qualify as “Indians” under (…)
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Can artificial intelligence be designated as an inventor in a patent application?
Artificial intelligence (“AI”) is becoming increasingly sophisticated, and the fact that this human invention can now generate its own inventions opens the door to new ways of conceptualizing the notion of “inventor” in patent law. In a recent ruling, the Supreme Court of the United Kingdom (“UK (…)
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The Government of Canada extends the Mineral Exploration Tax Credit for an additional year
On March 28, 2024, the Department of Finance Canada announced a one-year extension to the 15% Mineral Exploration Tax Credit (“METC”) available to investors in flow-through shares. The extension means that the METC will be effective until March 31, 2025. This announcement came at a time when (…)
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Environmental obligations: directors and officers, you may have more responsibilities than you think
In general, the directors and officers of a legal person have obligations and responsibilities relating to the legal person’s activities. Each director must act with prudence, diligence, honesty, loyalty and in the legal person’s interest.1 Each officer is responsible for representing the legal (…)
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An insurer ordered to pay damages – The Court of Appeal intervenes
On February 12, 2024, the Court of Appeal of Quebec handed down its decision in Société d’assurance Beneva inc. c. Bordeleau,1 dealing in particular with the burden of proof incumbent on an insurer when it denies coverage on the basis of an insured’s intentional fault, and an award of damages (…)
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Class actions to watch in 2024
Quebec is a fertile ground for class actions, with over 550 active cases and between 50 to 100 applications for authorization filed each year. While 2023 marked the fifth anniversary of the “new” class action division: what is there to watch in 2024? Read on to find out. Opioids and the State: (…)
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Labour shortage: Revised ratios of qualified staff members in child care centres
At a time when the pandemic is continuing to have repercussions and we are experiencing a severe labour shortage, the educational childcare sector is facing unprecedented challenges. These circumstances have led to a reassessment of the standards relating to the presence of qualified childcare staff (…)
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New corporate transparency requirements in Canada, Québec and the U.S. – What Canadian and Québec companies need to know
Over the last several years, member countries of the OECD, including Canada and the U.S., have committed to various international undertakings dealing with corporate governance. In keeping with these commitments, since 2019, the Canada Business Corporations Act (CBCA) has required business (…)
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Federal budget: Measures to support the development of renewable energies and technologies
With climate change continuing to be a topic of concern across the international community, Canada has recently taken another step to support the development of renewable energies and technologies. In the 2023 budget tabled on March 28, 2023, the Canadian federal government unveiled new tax (…)
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Official marks in Canada: The prospect of upcoming changes
Before delving into the topic, let’s begin with a definition. Official marks are statutory instruments specific to Canadian practice. They are not trademarks per se, but are treated similarly, because they are adopted and used by a limited group of organizations including universities, Canadian (…)
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An employer’s criminal negligence upheld on appeal
On August 11, 2023, the Court of Appeal of Quebec handed down a decision in CFG Construction inc. c. R.,1 dismissing the appeal of the guilty verdict against an employer, CFG Construction inc. (“CFG”), for criminal negligence having caused the death of one of its employees. This decision serves as (…)
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Serious Illness Insurance Coverage: An Applicant Hides His True Health Condition in Order to Deceive the Insurer
Recently,1 Justice Isabelle Germain of Quebec’s Superior Court ruled on a case involving insurance fraud in the matter of Paul-Hus v. Sun Life Canada, compagnie d’assurance-vie2. This ruling illustrates that applicants must answer the insurer’s questions honestly; should an applicant try to mislead (…)
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A possible workaround to the long processing times at the Bureau d’évaluation médicale
In recent years, the job market has changed considerably, especially further to the pandemic and the impacts it has had. Employers and employees in Quebec faced unprecedented situations, and these appear to have led to a significant increase in claims for recognition of psychological occupational (…)
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Implicit inducement of patent infringement – The Federal Court of Appeal hands down its ruling
Can a patent be infringed even if the patented product is not manufactured, assembled, or even used? Indeed, such infringement is possible. In fact, this is known as the theory of inducement of infringement. Naturally, acts of “inducement” must meet certain conditions before inducement of (…)
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Publicity contests no longer regulated by the Régie des alcools, des courses et des jeux
On June 2, 2021, the Québec government reduced the administrative burden relating to international publicity contests by excluding them from the jurisdiction of the Régie des alcools, des courses et des jeux (the “Régie”). It has now followed suit with all types of publicity contests launched on or (…)
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Advancing Patent Fee Payments in Canada to Avoid Significant 2024 Fee Increases
Canadian patent government fees will increase up to 36% on January 1, 2024. The main fee increases are presented in the table below. Applicants may therefore wish to take certain actions and pay the accompanying fees in Canada by the end of 2023 to benefit from the lower 2023 rates at least in the (…)
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The Success of Employer-Organized Christmas Parties: It Is Everyone's Business?
Workplace Christmas parties are just around the corner. While such celebrations are a great opportunity to strengthen team spirit and acknowledge everyone’s hard work, it is important to remember that it is not only up to employers to make sure they run smoothly—their entire workforces, managers and (…)
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The forgotten aspects of AI: reflections on the laws governing information technology
While lawmakers in Canada1 and elsewhere2 are endeavouring to regulate the development and use of technologies based on artificial intelligence (AI), it is important to bear in mind that these technologies are also classified within the broader family of information technology (IT). In 2001, Quebec (…)
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Clarifications regarding the application of mandatory disclosure rules to severance agreements
On November 2, 2023, in response to certain controversy, the Canada Revenue Agency (“CRA”) sought to clarify the application of the new disclosure rules, in force since June 22, 2023. The CRA’s comments relate, in particular, to the impact of reporting obligations on severance agreements, a topic we (…)
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Mining industry: reduction of red tape aimed at facilitating lithium exploration in Quebec
Canada’s finance minister unveiled a series of legislative proposals on August 4, 2023 aimed at making significant changes to the flow-through share regime, particularly as regards lithium exploration. Although a number of these changes had already been announced in the 2023 federal budget, e.g. the (…)
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Smart product liability: issues and challenges
Introduction In 2023, where do we stand in terms of liability where smart products are concerned? The rules governing product liability set out in the Civil Code of Québec were introduced early in the 20th century in response to the industrial revolution and the growing number of workplace (…)
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Termination agreements: New reporting requirements apply!
On June 22, 2023, the federal government significantly expanded the reporting requirements for certain so-called avoidance transactions, in particular with respect to termination agreements.1 The new rules will make it easier for the Canada Revenue Agency (CRA) to detect certain avoidance schemes, (…)
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Canadian Intellectual Property Office (CIPO): Fee Increase
CIPO has announced an increase in their fees as of January 1, 2024. Their current fees will be increased by at least 25%. This increase will apply not only to trademarks, but also to patents, industrial designs and copyrights. For example, the anticipated official fee to file an application for (…)
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Powerful Data, Powerful Business
A patent landscape provides a bird’s-eye view of the patenting activity related to a specific technology. It can be an invaluable tool for your organization as the analysis of patent data reveals business, scientific and technological trends. Indeed, many industries increasingly rely on patent (…)
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Naming rights agreements: coming soon to an arena near you!
Although the more nostalgic among us were recently celebrating the announcement of a third film (and sequel) of In a galaxy near you (Dans une galaxie près de chez vous), a sci-fi series on Quebec TV, sports fans might be disappointed if the arena near them ever ends up being renamed. In the first (…)
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Payroll deductions: what employers need to know about changes to provincial income tax rates
On March 21, 2023, during his traditional budget speech, the Minister of Finance of Québec announced that Quebecers will benefit from a general reduction in personal income taxes starting in 2023. The effect will be a reduction in the tax rates that apply to the first two taxable income brackets of (…)
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Planned obsolescence: Possible amendments to the Consumer Protection Act to keep an eye on
Introduction On June 1, 2023, the Minister of Justice, Simon Jolin-Barrette, tabled and presented Bill 29 entitled An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods 1 (hereinafter the “Bill”) before the National Assembly. (…)
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Hesitation over software patents in Canada
Last Wednesday (July 26), the Federal Court of Appeal (FCA) handed down its highly awaited decision on the patentability of computer-implemented inventions (software patents). In Canada (Attorney General) v. Benjamin Moore & Co. (2023 CAF 168), the FCA rejected the test proposed by the (…)
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New Employment Obligations for Federally Regulated Businesses
On July 9, 2023, major amendments to the Canada Labour Code 1 (the “Code”) came into force, and further amendments are set to come into force shortly. These amendments relate to Part III of the Code, which covers labour standards. They were provided for in the Budget Implementation Act, 2018, No. 2 (…)
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Bill 30 – legislative changes concerning insurance
On June 7, 2023, the Minister of Finance of Quebec tabled and presented Bill 30 before the National Assembly, an omnibus bill entitled An Act to amend various provisions mainly with respect to the financial sector (hereinafter the “Bill”). The Bill includes certain amendments to the provisions of (…)
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An Act respecting the regulation of work by children Now in Force: Employers of Young Workers Must Act Quickly
On June 1, 2023, Bill 19 entitled An Act respecting the regulation of work by children (the “Act”) which establishes, in particular, a minimum working age of 14 and a maximum number of hours of work for children subject to compulsory school attendance, was assented to. Most of the Act’s provisions (…)
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Team trademarks: naming the champions
Choosing the name of a sports team can be a perilous exercise. In addition to representing certain values, names are supposed to fire up the fan base and motivate the athletes themselves. It must sometimes meet with the approval of major sponsors. But when sports teams are companies seeking to (…)
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Competition Act amendments are about to come into force – What businesses need to know following the release of the official Enforcement Guidelines
On June 23, 2023, major amendments to section 45 of the Competition Act1 (the “Act”) are set to come into force. Adopted in 2022 by the Parliament of Canada, these amendments are primarily designed to harmonize Canadian non-competition law with legislation in various other countries, particularly (…)
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Bill 8: Amendments to the Code of Civil Procedure to improve access to justice
Introduction On February 1, 2023, Minister of Justice Simon Jolin-Barrette introduced and tabled in the National Assembly Bill 8 entitled An Act to improve justice efficiency and accessibility, in particular by promoting mediation and arbitration and by simplifying civil procedure in the Court of (…)
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2023 Quebec budget: tax holiday for investments in critical and strategic minerals
On March 21, 2023, Quebec’s Minister of Finance tabled his budget for the 2023-2024 fiscal year. One of the budget’s key measures is the introduction of a new tax holiday in connection with major investment projects. At first glance, the new measure does not appear to be specifically aimed at the (…)
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Lavery celebrates World Intellectual Property Day
This year, the World Intellectual Property Day theme is "Women and Intellectual Property: Accelerating innovation and creativity". Therefore, Lavery is pleased to recognize the contribution of a female inventor. Lila Madour Women face significant barriers in the patent and telecommunications (…)
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Artificial intelligence in business: managing the risks and reaping the benefits?
At a time when some are demanding that artificial intelligence (AI) research and advanced systems development be temporarily suspended and others want to close Pandora’s box, it is appropriate to ask what effect chat technology (ChatGPT, Bard and others) will have on businesses and workplaces. Some (…)
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Clear skies overhead, patent marking protects well, innovation blooms
“Clear skies overhead, patent marking protects well, innovation blooms.” “Patent marking” is the practice of labelling a product to provide notification that it is protected by one or more patents. From a public perspective, it serves three related purposes: avoiding innocent infringement; (…)
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Insurers: Two-headed hydras
On January 30, 2023, the Court of Appeal of Quebec rendered a decision in Commission scolaire De La Jonquière c. Intact Compagnie d’assurance.1 The key issues in this case are the potential for conflicts arising from liability insurance policies and the obligation to disclose documents where (…)
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Lavery celebrates International Women’s Day today
Lavery celebrates International Women’s Day today Today, Wednesday, March 8, we celebrate International Women’s Day. IWD is an opportunity to honour those who inspire us every day and who continue to demonstrate the progress we’ve made towards gender equality in the workplace, setting an (…)
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TRADEMARKS IN CANADA: The Federal Court clarifies the concept of “bad faith”
In the decision Beijing Judian Restaurant Co. Ltd. v. Wei Meng, 2022 FC 743, rendered by the Honourable Angela Furlanetto on May 18, 2022, the Federal Court clarified what constitutes bad faith in trademark law. Prior to the decision, the concept of bad faith in relation to trademarks was (…)
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The Canada Emergency Wage Subsidy: The Canada Revenue Agency takes action
In response to the pandemic, the Canadian government launched in the spring of 2020 the Canada Emergency Wage Subsidy (the “CEWS”), a program that provides employers with a subsidy based on the remuneration paid to their employees and income they lost during the pandemic. Section 125.7 of the (…)
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Clarifications regarding insurance products offered on the Internet
In early 2022, the Autorité des marchés financiers (the “AMF”) conducted specific consultations on financial products offered on the Internet. Further to these consultations, the AMF published explanations on the Regulation respecting Alternative Distribution Methods (the “RADM”) in late (…)
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Patent applications and processing times – What’s right for you
Part 1: Four reasons to slow down and four reasons to speed up the process Part 2: Slowing down the process (CA, US, EP, PCT) Part 3: Fast track (CA, US, EP, PCT) Part 1: Why slow down or speed up the process? Slowing down the process Why would anyone want to slow down the process when it (…)
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The return of Christmas parties: what employers need to know
After two years of navigating COVID-19, the end of 2022 will be an opportunity for employers to organise larger activities for their employees, such as Christmas parties. The purpose of this newsletter is to make employers aware of their obligations during the holiday season festivities. Below, we (…)
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Construction: An unwarranted contestation may be considered an abuse of procedure
In the decision in 9058-4004 Québec inc. c. 9337-9907 Québec inc.1 rendered on October 21, 2022, the court granted compensation to a subcontractor for its extrajudicial fees further to a general contractor’s unfounded contestation of its claim as part of a hypothecary action. The facts In (…)
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SOCAN Decision: Online music distributors must only pay a single royalty fee
In Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Association1 (the “SOCAN Decision”), the Supreme Court of Canada ruled on the obligation to pay a royalty for making a work available to the public on a server, where it can later be streamed or downloaded. At (…)
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CNESST – Transfer of Costs Under Section 326 of the Act Respecting Industrial Accidents and Occupational Diseases: Important Decision from the Tribunal
Employers subject to the personalized rate or retrospective rate regime know how important it is to control the costs related to occupational injury cases in order to limit the impact on their annual premiums. One way to attain this objective is to apply for a transfer of costs under section 326 of (…)
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The duration of copyright protection in Canada is extended to 70 years as of December 30, 2022
On June 23, 2022, Bill C-19 received Royal Assent. The bill was introduced by the Honourable Chrystia Freeland, Deputy Prime Minister and Minister of Finance, and resulted in amendments to the Copyright Act1 that will come into force on December 30, 2022, further to an order in council issued (…)
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Cybersecurity and the dangers of the Internet of Things
While the Canadian government has said it intends to pass legislation dealing with cybersecurity (see Bill C-26 to enact the Critical Cyber Systems Protection Act), many companies have already taken significant steps to protect their IT infrastructure. However, the Internet of Things is too often (…)
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Canadian Patents: Federal Court confirms that the PM(NOC) Regulations provide a patent enforcement mechanism only in relation to products that are in fact available to Canadians
In a recent Federal Court decision, Justice Fothergill dismissed AbbVie’s applications for judicial review of the following decisions of the Minister of Health (the “Minister”): that JAMP was not a “second person” for the purposes of s 5(1) of the PM(NOC) Regulations; and to issue NOCs to JAMP for (…)
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Sales without legal warranty at the buyers’ risk: Clarity is key
On July 15, 2022, Justice François Lebel of the Court of Québec rendered a decision1 confirming that, in the case of the sale of immovable property, a clear and unambiguous exclusion clause, whereby the warranty is waived at the buyer’s risk, results in a break in the chain of title preventing the (…)
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Authorizations for treatment: the Court of Appeal rules on the legal representation of patients and hospitalization and re-hospitalization clauses
In a decision rendered on September 1, 20221, the Court of Appeal of Quebec stated that a judge seized of an application for authorization for treatment must ensure that the patient in question can be heard and assert their rights. The Court also took the opportunity to analyze the indefinite (…)
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Nurturing ambition: Lavery unveils a new brand image
Today, Lavery unveils its new brand image. This transformation is more than just a visual change; it reflects our desire to drive the growth of organizations that conduct business in Quebec. Imbued with distinctive and current colours, contemporary imagery from a renowned Quebec illustrator and (…)
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Ten things you should know about the amendments to Quebec’s Charter of the French language
Quebec recently enacted Bill 96, entitled An Act respecting French, the official and common language of Québec, which aims to overhaul the Charter of the French language. Here are 10 key changes in this law that will impose significant obligations on businesses: As of June 1, 2025, businesses (…)
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The Supreme Court examines the notion of abuse of process in the case of inordinate delay in administrative and disciplinary proceedings
The Supreme Court recently considered, in the Law Society of Saskatchewan v. Abrametz1 decision, the applicable test to determine whether a delay is inordinate and constitutes an abuse of process that could lead to a stay of administrative proceedings. In this case, a Saskatchewan lawyer requested (…)
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Kickstarting Examination in View of Upcoming Changes to Canadian Patenting Practice
As we reported earlier, the Canadian government published proposed amendments to the Patent Rules in July 2021, to further streamline Canadian patent examination to pave the way for a future patent term adjustment (PTA) system in Canada as per the Canada-United States-Mexico Agreement (CUSMA), as (…)
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Single-Use Plastics Prohibition Regulations: Impact on Businesses
On June 20, 2022, the federal government registered regulations that, as the name implies, prohibit (or restrict, in some cases) the manufacture, import and sale of certain single-use plastics that pose a threat to the environment. The Regulations will come into force on December 20, 2022, with the (…)
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Amendments to the Charter of the French Language: Impacts on the Insurance Sector
Bill 96 – An Act respecting French, the official and common language of Québec (the “Act”) - was adopted on May 12, 2022 and assented to on June 1, 2022, its effective date. Certain provisions are already in force; for other provisions, a transitional period ranging from several months to three (…)
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Confinement in an institution: a judge must intervene where evidence is insufficient
In a judgement rendered on June 3, 2022,1 the Court of Appeal of Quebec reiterated that a judge who has an application for confinement in an institution before them must inform the parties when they consider that the psychiatric reports filed are insufficiently detailed. In these circumstances, the (…)
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Trademarks and Charter of the French language: What can you expect from Bill 96?
On May 13, 2021, the Quebec government introduced Bill 96 to amend the Charter of the French language (the “Charter”) to strengthen the provisions regarding the use of French, particularly with respect to the language of commerce and business. This bill has been thoroughly reviewed in parliamentary (…)
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Telework: Better Safe
Telework is not a new phenomenon. According to the International Labour Organization, its rise dates back to the 1970s when a major oil crisis prompted many companies to keep their employees at home to reduce their energy consumption1. That said, since the Covid pandemic, teleworking has become (…)
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Complaint processing: New framework to come for financial institutions and financial intermediaries
Last September, the AMF published its draft Regulation respecting complaint processing and dispute resolution in the financial sector (the “Draft Regulation”). The consultation period for it ended on December 8, 2021. The AMF is currently reviewing the many comments it received. The Draft (…)
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Bill C-18 (Online News Act): Canada looking to create a level playing field for news media
Earlier this month, Canadian Heritage Minister Pablo Rodriguez introduced Bill C-18 (Online News Act) in Parliament. This bill, which was largely inspired by similar legislation in Australia, aims to reduce bargaining imbalances between online platforms and Canadian news outlets in terms of how (…)
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Amendments to the categories of contracts covered by the exemptions to the obligation of an insurer to assume an insured’s defence—the Regulation to come into force
On April 20, 2022, the government issued Order in Council 656-2022, which makes significant amendments to the Regulation respecting categories of insurance contracts and classes of insureds that may derogate from the rules of articles 2500 and 2503 (the “Regulation”). The original version of the (…)
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Celebrating youth innovation!
This year’s World IP Day is upon us, with the theme “IP and Youth: Innovating for a Better Future”. In honor of this theme (and at the risk of making our adult readers feel a bit less accomplished), we thought it would be appropriate to highlight some of these wonderful inventions of young, (…)
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Autonomous vehicles: insurances, responsibilitie and news
The pandemic has not slowed down the arrival of self-driving vehicles on our roads. This technological advancement is becoming more and more commonplace, giving rise to a need for deep reflection, especially in the automobile insurance industry. The AMF issue paper On October 20, 2021, the (…)
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Improved Protection of Trainees in the Workplace: Key Points
On February 24, Bill 14, An Act to ensure the Protection of Trainees in the workplace (hereinafter the “Act”), received assent. The purpose of this Act is to provide better protection for people completing a training in a workplace. For this reason, it contains several provisions similar to those (…)
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Federal Budget 2022: Good News for Mining Exploration Compagnies!
On April 7, 2022, Finance Minister Chrystia Freeland tabled the federal government’s new budget for 2022. This budget includes several tax measures relevant to the mining industry in Canada. The Canadian federal government intends to provide $3.8 billion over eight years to implement Canada’s first (…)
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A dismissed employee’s obligation to mitigate damages in the context of the COVID-19 pandemic
Over the years, the Quebec courts have repeatedly stated that dismissed employees have a duty to mitigate the damages they suffer as a result of a dismissal. This obligation, which is now codified in the Civil Code of Québec,1 has been adapted to the circumstances of the cases over which the courts (…)
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One Out of Five Critical Illness Insurance Claims Are Denied: Which Changes Should Insurers Make?
The Autorité des marchés financiers (AMF) has recently published a study that it conducted with the largest active insurers in the Quebec insurance industry, entitled “Critical Illness Insurance Supervisory Report”1 (hereafter the “Report”).The study reveals surprising statistics that have led the (…)
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Self-insurance: possible if in accordance with the Insurers Act
Introduction There are multiple insurance policies available on the market to protect your property in Quebec. But how well do you know all your options? In 2016, we addressed peer-to-peer insurance, which is essentially a community of users wanting to insure similar goods and services together.1 (…)
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Doing Business as Usual – Prior User Rights Under Canadian Patent Law
Prior user rights have long been recognized in Canadian patent law. These rights, which are a defence against patent infringement, are seen as a means of ensuring fairness by allowing a person who has independently manufactured, used or acquired an invention that is subsequently patented to continue (…)
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The Supreme Court of Canada’s Decision in Prelco: The Application of Limitation of Liability Clauses in Case of a Breach of a Fundamental Obligation of a Contract
Introduction Non-liability clauses are often included in many types of contracts. In principle, they are valid and used to limit (limitation of liability clause) or eliminate (exoneration clause) the liability of a party with respect to its obligations contained in a contract. The recent unanimous (…)
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Can an Idea, Style or Method Be Protected Under the Copyright Act?
Ahead of the 2021 holiday season, as children dream about the toys that Santa Claus will bring them, let’s take a look back at a landmark decision that reviews what is copyrightable under the Copyright Act. As visual artist Claude Bouchard (“Bouchard”) learned from the outcome of her legal action (…)
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A False Sense of Cybersecurity?
Ransomware has wreaked so much havoc in recent years that many people forget about other cybersecurity risks. For some, not storing personal information makes them feeling immune to hackers and cyber incidents. For others, as long as their computers are working, they do not feel exposed to no (…)
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Do you know your open-source licences?
Do you have the right to copy source code written and developed by someone else? The answer to this question depends on the situation; however, even in the context of open innovation, intellectual property rights will be the starting point for any analysis required to obtain such an answer. In the (…)
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Minimal! - Court of Appeal Reduces the Post-Employment Duty of Loyalty
Suppose that your best employee, the up-and-comer you’ve been training for several years, resigns. It’s terrible news for you, especially amid a labour shortage. And, to top it off, their new employer is your main competitor. How long has the employee been planning to leave? Did they plan during (…)
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Entrepreneurs and Intellectual Property: Avoid these 13 mistakes to protect yourself (Part 3 of 3)
In the third and final entry of this three-part article series, we share with you the last set of intellectual property (IP)–related mistakes (mistakes #10 to #13) that we regularly see with startups. We hope you will find it useful for your business. Please be sure to read our first and second (…)
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Canadian Patent Practice Update: Act Now to Avoid Excess Claim Fees
Excess claim fees on the horizon As reported earlier, the Canadian government published proposed amendments to the Patent Rules on July 3, 2021. A significant component of the proposal is the introduction of excess claim fees on the order of $100 CAD for each claim beyond 20 claims, which will be (…)
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IT services dispute: the Supreme Court considers the non-liability clause
In IT service contracts, it is common to find non-liability clauses protecting companies that provide software and professional IT system implementation or integration services. Issue In Dispute Is such a contractual non-liability clause valid under Quebec civil law where a fundamental obligation (…)
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Constructive dismissal and mitigation of damages: Is there an obligation to accept another position offered by the employer?
The Supreme Court of Canada has previously addressed this issue in Evans v. Teamsters Local Union No. 311 and concluded that, in certain circumstances, when an employer offers a new position to a dismissed employee, the latter may have to accept it in order to mitigate their losses. A few years (…)
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Abuse of the grievance arbitration process: Arbitrators rule in favour of employers
An employer grievance is a means that employers can use to obtain compensation for material damages caused by pressure tactics or to recover overpayments resulting from a union’s wrongdoing. Such a recourse can also be filed to claim damages and legal fees from a union that has abused the grievance (…)
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Adoption of Bill 64: what do public bodies need to know?
Bill 64, also known as the Act to modernize legislative provisions as regards the protection of personal information, was adopted on September 21, 2021, by the National Assembly of Québec. This new bill amends some 20 laws relating to the protection of personal information, including the Act (…)
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Amendments to Privacy Laws: What Businesses Need to Know
Bill 64, also known as the Act to modernize legislative provisions respecting the protection of personal information, was adopted on September 21, 2021, by the National Assembly of Québec. It amends some 20 laws relating to the protection of personal information, including the Act respecting access (…)
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Limitation of insurer’s duty to defend: The Draft Regulation specifying the categories of contracts covered is published
On September 8, 2021, Mr. Éric Girard, Minister of Finance, presented his Draft Regulation specifying the classes of liability insurance contracts that may derogate from public policy rules previously applicable to liability insurance (the “Draft Regulation”), namely those set out in articles 2500 (…)
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Winkler v. Hendley: The Federal Court applies a subjective standard to the notion of “history”
“Historical facts”1 are not protected by copyright. Referring to the Storming of the Bastille or the Battle of the Plains of Abraham will not get an author sued in Federal Court, but must these events have really happened to be considered “historical facts”? The Federal Court recently ruled on this (…)
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Transportation infrastructure: A pillar of economic recovery
Like many other governments, the Government of Quebec decided to invest in infrastructure to help mitigate the impact of the COVID-19 pandemic and stimulate Quebec’s economy. A significant number of investments will be made in the transportation sector, and the government wants to accelerate the (…)
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Bill 78 and the notion of ultimate beneficiary
Bill 78 was introduced in December 2020 by Minister Jean Boulet and given assent on June 8, 2021. It amends the Act respecting the legal publicity of enterprises (the “Act”) and its regulation, the Regulation respecting the application of the Act respecting the legal publicity of enterprises (the (…)
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Further Streamlining of Canadian Patent Examination on the Horizon
Canadian Patent Practice has undergone several changes in recent years, in many cases to fulfill the requirements of various international treaties/agreements, including those of the Patent Law Treaty (PLT) and the Comprehensive Economic and Trade Agreement (CETA). On July 3, 2021, the Canadian (…)
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Insurer’s Duty to Defend: The Court Rules in a Case of Contractual Breach
The question of insurers’ duty to defend is back in the spotlight. On March 18, 2021, the Superior Court once again considered the issue in its application of the law to facts relevant to the dispute.1 Facts In April 2016, Cégerco Inc. (“Cégerco”), a general contractor, retained the services of (…)
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Steps to a successful venture capital financing round
An entrepreneur who invests time and energy raising the funds necessary to launch a startup, usually from family and friends (love money), will necessarily want their startup to grow exponentially. Achieving exponential growth requires always more capital, and so the entrepreneur will need to find (…)
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Entrepreneurs and Intellectual Property: Avoid These Thirteen Mistakes to Protect Yourself (Part 2 of 3)
In the second entry of this three-part article series, we share with you the next set of intellectual property (IP)–related mistakes (mistakes #6 to #9) that we regularly see with startups. We hope you will find it useful for your business. Please be sure to read our first entry in this series, (…)
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Crypto asset works of art and non-fungible token (NFT) investments: Be careful!
On March 11, 2021, Christie’s auction house made a landmark sale by auctioning off an entirely digital artwork by the artist Beeple, a $69 million transaction in Ether, a cryptocurrency.1 In doing so, the famous auction house put non-fungible tokens (“NFT”), the product of a decentralized (…)
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Five good reasons to list your company on the stock exchange and opt for equity financing
In 2020, the pandemic disrupted the Quebec economy and the trend continued in 2021. After a difficult year for local businesses, there is an opportunity for business owners to rethink their business model as they develop their recovery plan. In this context, an initial public offering and equity (…)
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Adoption of Bill 82: The insurer’s duty to defend can now be adjusted
On Thursday, May 27, 2021, article 2503 of the Civil Code of Québec was amended as part of the adoption of Bill 82, titled An Act respecting mainly the implementation of certain provisions of the budget speech of 10 March 2020, which we had discussedin a publication last December. The added (…)
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The Superior Court of Québec rules on de facto spouses and the right to use a residence during legal proceedings
In a judgment handed down on February 16, 2021, in a case involving former de facto spouses, the Superior Court dismissed an interlocutory injunction filed by the plaintiff seeking the eviction of the defendant from what had been their common residence. After having lived together in a de facto (…)
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Accelerated trademark examination – Canada
Good News from the Canadian Intellectual Property Office! CIPO is taking measures to allow expedited examination of trademark applications in the following cases: Upcoming or current court action in Canada; Combating counterfeit products at the Canadian border; Protecting intellectual property (…)
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Entrepreneurs and Intellectual Property: Avoid These Thirteen Mistakes to Protect Yourself (Part 1 of 3)
In this three-part article series, we will share with you the intellectual property (IP)–related mistakes that we regularly see with startups. We hope you will find it useful for your business. Happy reading! Part 1 of 3: Mistakes concerning IP in general Mistake #1: Believing (…)
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Reimbursement clause for extrajudicial fees by a surety: valid or invalid?
On April 6, 2021, the Court of Appeal, per Justice Mark Schrager, rendered an interesting decision in Bank of Nova Scotia c. Davidovit (2021 QCCA 551). The Bank of Nova Scotia (the “Bank”) had granted a commercial loan to a company, of which Aaron Davidovit (“Davidovit” or the “Surety”) was the (…)
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Loss of personal information: The Superior Court dismisses a class action
On March 26, 2021, the Superior Court rendered a decision dismissing a class action against the Investment Industry Regulatory Organization of Canada (“IIROC”) on the loss of personal information of thousands of Canadian investors.1 The lack of evidence of compensable injury and IIROC’s diligent (…)
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Pre‑ruling Consultation with the Canada Revenue Agency (CRA): a little‑known yet practical service
Canada’s tax system is very complex and tends to become more complex over time. Amendments to tax laws in recent years have not simplified our tax system, quite the contrary. The introduction of various intention tests in tax laws has also further increased tax authorities’ discretion as to the (…)
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Studios and designers: How to protect the intellectual property of your video games?
Behind every video game, there is intellectual property (IP) which is worth protecting to optimize monetisation of the game. As discussed in Studios and designers: Are you sure that you own the intellectual property rights to your video games, the first step for studios and designers is to make sure (…)
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COVID-19: Anticipating Capital Gains, Wealth, Gift and Inheritance Taxes
The deficits being generated by the emergency measures that the federal and provincial governments have implemented since March 2020 are a reminder of the magnitude of our governments’ pre-crisis deficits. This situation will inevitably lead to a greater tax burden for businesses and individuals at (…)
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Product advertising in the time of COVID-19: Health Canada and the Competition Bureau are on the lookout for misleading claims
It’s been more than a year since the COVID-19 pandemic began, and many companies are attempting to market products intended to help consumers deal with the risks associated with COVID-19. Some of the most common examples of such products include face masks, testing devices, hand sanitizers, and (…)
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Payment to non-residents of Canada: How can the Multilateral Instrument (MLI) be applied?
The internationalization of trade has led to an increase in payments made by Canadian companies to non-residents of Canada, which are most of the time subject to Canadian withholding taxes. Canadian payers must ensure that they withhold the correct percentage of Canadian tax on such payments, as (…)
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The Doctrine of File Wrapper Estoppel in Canada: The Court of Appeal Hands Down its Decision
In December 2018, section 53.1 was added to the Patent Act (the “Act”) allowing reference to be made to communications exchanged with the Canadian Intellectual Property Office (“CIPO”) during the prosecution of an application with respect “[...]to the construction of a claim.” This concept is more (…)
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Artificial intelligence soon to be regulated in Canada?
For the time being, there are no specific laws governing the use of artificial intelligence in Canada. Certainly, the laws on the use of personal information and those that prohibit discrimination still apply, no matter if the technologies involved are so-called artificial intelligence technologies (…)
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Studios and designers: Are you sure that you own the intellectual property rights to your video games?
The year 2020 will have been difficult for the vast majority of industries, and in particular for the arts, entertainment and recreation industry. The video game industry, however, is growing in leaps and bounds. For example, Nintendo and PlayStation have each set record sales for their games (…)
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Work, Lockdown and Curfew: Answers to Your Questions
In order to reduce community transmission and preserve everyone’s safety and that of our healthcare system, the government requires everyone to make extra efforts, both in their private lives and at work. The closure of retail businesses, save for some exceptions, is maintained, the lockdown to (…)
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The tax system to the rescue of print media
Canadian newspapers’ loss of advertising revenues to the hands of internet giants over the past several years has jeopardized the very existence of many such newspapers. In 2018, our governments announced several advantageous tax measures in order to ensure the survival of independent print media. (…)
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Ho-Ho Holiday Themed Patents
At Lavery, we spend a lot of time searching patent databases on behalf of our clients. Occasionally, we come across certain patents/applications whose cleverness and creativity make a lasting impression. At this time of year, our attention is naturally drawn to those that are holiday themed. And (…)
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Insurer's Duty to Defend: Bill 82 Opens the Door to Possible Limitations
On December 11, 2020, the Minister of Finance, Éric Girard, introduced and tabled Bill 82 entitled An Act respecting mainly the implementation of certain provisions of the Budget Speech of 10 March 2020 (hereinafter the “Bill”) before the National Assembly. The Bill opens the door to possible (…)
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The Court of Appeal Adds a Few More Shades to Canada’s Grey Market
In Canada, as elsewhere in the world, intellectual property owners have made numerous attempts to control their distribution channels through trademark law, copyright law, or exclusive contracts, without much success. However, in a recent decision (Costco Wholesale Canada Ltd. c. Simms Sigal & (…)
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Use of patents in artificial intelligence: What does the new CIPO report say?
Artificial intelligence is one of the areas of technology where there is currently the most research and development in Canada. To preserve Canada's advantageous position in this area, it is important to consider all forms of intellectual property protection that may apply. Although copyright has (…)
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Teleworking: What are the allowable expenses for employees and tax impacts for employers?
The COVID-19 pandemic has changed Canadian workplaces. For many organizations, the pandemic and its containment measures have fast-tracked the shift to teleworking. In this context, the Canada Revenue Agency (the “CRA”) and the Agence du Revenu du Québec (the“ARQ”) have published administrative (…)
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International tax planning endorsed by the Court
In the recent decision in Agracity Ltd. v. The Queen1, the Tax Court of Canada (the “Court”) endorsed the Canadian tax consequences of business transactions between a Canadian corporation (“Agracity”) and its Barbados affiliate (“NewAgco-Barbados”) within a group of companies operating in the (…)
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Canadian Patents: What to Keep in Mind One Year After the Coming into Force of the New Rules?
The first anniversary of the entry into force of the new Canadian Patent Rules, which significantly changed certain practices surrounding the filing and prosecution of patent applications in Canada, is an opportunity to look back at the major changes that have had a significant impact on Canadian (…)
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Tax Aspects of Insolvency and Bankruptcy
The current crisis caused by the COVID-19 pandemic has already caused, and will continue to cause, significant liquidity problems for some businesses. Companies whose financial difficulties threaten their very existence will have to restructure in order to avoid bankruptcy, either by availing (…)
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The Unforeseen Benefits of Driverless Transport during a Pandemic
The COVID-19 pandemic has been not only causing major social upheaval but disrupting business development and the economy as well. Nevertheless, since last March, we have seen many developments and new projects involving self-driving vehicles (SDV). Here is an overview. Distancing made easy thanks (…)
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Time limit extensions: What are the possible consequences on limitation periods for tax purposes?
A recent Ministerial Order1 from the Minister of National Revenue has formally extended certain deadlines under the Income Tax Act (“ITA”) and the Excise Tax Act (“ETA”). The Order is retroactive to March 13, 2020. The extension is 6 months or until December 31, 2020, whichever is earlier. This (…)
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Court upholds deductibility of carrying charges
The Tax Court of Canada (the “Court”) recently upheld the deductibility of carrying charges incurred in connection with an issuance of shares. In so doing, the court upheld the tax benefits arising from a common financing practice. In addition, the Court reiterated the principle in tax matters (…)
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Artificial Intelligence and Telework: Security Measures to be Taken
Cybersecurity will generally be a significant issue for businesses in the years to come. With teleworking, cloud computing and the advent of artificial intelligence, large amounts of data are likely to fall prey to hackers attracted by the personal information or trade secrets contained therein. (…)
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An introduction to Trade Secrets: What they are and why they matter to your business
One of the most common questions we receive as intellectual property lawyers is “How can I prevent others from using technology that I have developed and that has significant value to my business?” That question can often be answered by advising clients to file a patent application. However, there (…)
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Federal Court clarifies the assessment of patent-eligible subject matter in Canada
In Yves Choueifaty v. Attorney General of Canada1, the Federal Court of Canada has issued a significant decision concerning the assessment of patent-eligible subject matter, including the approach to be used for such assessment during the examination of Canadian patent applications. Historical (…)
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Intellectual Property: New Options for Patent Ownership Disputes
Since 1995, the Federal Court of Canada has refused to hear questions relating solely to patent ownership. In Lawther v. 424470 B.C. Ltd.1 the Federal Court declined jurisdiction, stating that “[t]his Court has no jurisdiction to entertain a dispute which is solely a matter of contract”, thereby (…)
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Important Changes to the CEWS announced: will you now be eligible, and what should you consider?
The Canada Emergency Wage Subsidy (the “CEWS”) is a key component of the Government of Canada’s COVID-19 economic response plan. The purpose of the CEWS, adopted on April 11, 2020, is to help Canadians keep their jobs during the crisis and help companies maintain an employment relationship with (…)
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Further COVID-19 Update on Canadian IP
The Canadian Intellectual Property Office (CIPO) has now made a further announcement concerning the extension of deadlines, to the effect that deadlines falling within March 16 to August 7, 2020, are extended to August 10, 2020. CIPO is otherwise still open for business and our IP team members (…)
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Sale of a Business: New Tax Planning Option
The sale of a business is often the most significant business transaction in an entrepreneur’s life. In addition, the net proceeds from such a sale often represent an entrepreneur’s only retirement fund. Therefore, it is crucial to maximize such proceeds by reducing or deferring the taxes resulting (…)
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Resumption of Mergers and Acquisitions: What May Change After the Crisis
The COVID-19 crisis has significantly slowed economic activity in all respects. The area of corporate mergers and acquisitions is no exception, and the level of activity, which was high before the crisis, has dropped significantly because of it. It is difficult to predict when and at what pace (…)
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COVID-19: Support for Agriculture and Agri-Food Businesses in Quebec and Canada
It goes without saying that the economic upheavals caused by the COVID-19 pandemic are posing countless challenges for all companies, whether or not they are pursuing their activities within the limits imposed by the governments of Canada and Quebec. Food producers such as agricultural and food (…)
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Improving Cybersecurity with Machine Learning and Artificial Intelligence
New challenges The appearance of COVID-19 disrupted the operations of many companies. Some had to initiate work from home. Others were forced to quickly set up online services. This accelerated transition has made cybersecurity vitally important, particularly considering the personal information (…)
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Travel and Immigration: Update on Restrictions in Canada
If you have any questions about this publication, please contact Nicolas Joubert. Thanks to David Nachfolger for his contribution to this article. Since the start of the COVID-19 pandemic, Canada has imposed a series of travel and immigration restrictions for all travelers who are not Canadian (…)
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Natural Products and Pharmaceutical Innovations: What are the Patent Options?
Natural products play an important role in pharmaceutical innovation. They are active components in many medicines. For example, nearly half of the small molecules used to treat cancer are natural products or directly derived from natural products.1 They are also components of vaccines. The (…)
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Return to Work After COVID-19: What Plans Should You Make?
As an employer, you are probably preparing for the reopening of the workplace in a pandemic setting and actively planning for your employees’ return to work. To help you in your thought process and preparations, we have prepared a list of items that you should address or consider in order to make (…)
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E-commerce: Protecting Your Work
As distribution channels with a global reach, websites are a powerful tool for doing business, and during the pandemic, they even play a critical role. A website consists of a set of webpages accessible from an address hosted on a server through the internet or an intranet. A website is a (…)
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E-commerce: Your Obligations regarding Consumer Protection and Competition Matters
Before selling your products and services online, you will need to determine the form and content of your contract, and ensure that you comply with the provisions of the Consumer Protection Act (the “CPA”). The CPA applies to any contract between a consumer and a merchant entered into in Quebec, (…)
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E-commerce: Some Laws and Rules You Should Be Aware of
Various ways of doing e-commerce E-commerce can take different forms. For the purposes of this article, we will refer to e-commerce where the contract of sale or of supply of services is concluded by electronic means, E-commerce will be said to be “direct” when the product or service is delivered (…)
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Why and How Should Companies Manage their Post‑Crisis Recovery?
When Crisis Increases Risk Since the beginning of the crisis, we have been witnessing a spectacular collective effort marked by solidarity and the determination to ensure everyone’s health and safety. The COVID-19 pandemic has created many challenges for all levels of government, for employers and (…)
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What are the Duties and Responsibilities of Corporate Directors during the COVID-19 Crisis?
This publication was written in collaboration with André Laurin. By all accounts, the coronavirus pandemic and the measures implemented by the government have created a particularly difficult and delicate situation for almost all organizations. Despite this extraordinary situation, the general (…)
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Managing Employment Injuries in the Age of COVID‑19
The management of employment injury claims has not halted due to the current pandemic. Not only are new employment injuries taking place and claims being filed, ongoing claims are still being processed. Managers must be vigilant in order to limit the financial impact of the pandemic with respect (…)
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What solutions for Startups Affected by COVID‑19 in Their Search for Financing?
The impact of COVID-19 is particularly strong on start-ups in need of short-term financing and venture capitalists, whose contribution is essential to support the growth of these companies and who must make investment decisions in a context of widespread uncertainty. Like others, we have noticed (…)
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How to Negotiate Temporary Agreements or Contracts in Times of Crisis?
The rapid spread of COVID-19 and the introduction of strict government measures are limiting or changing many businesses’ operations. These measures impose unusual restrictions that make it more difficult to meet certain contractual obligations. In such a situation, many companies will want to (…)
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Bill C-14 has become law: Are you eligible for the Canada Emergency Wage Subsidy?
On March 30, 2020, the Government of Canada announced that it would grant the Canada Emergency Wage Subsidy (the “CEWS”) to qualifying entities, no matter their number of employees or their size. Bill C-14 bringing into effect the CEWS, received royal assent on April 11, 2020. The Government of (…)
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Thinking Post-Crisis Recovery: Two New Programs for Worker Training and Retention
Two weeks ago, we published an article on the challenge of retaining your workforce amidst the pandemic. Since that time, two new programs on the subject have been announced by the provincial government. The first is meant to respond to the effects of the Canada Emergency Response Benefit (CERB) on (…)
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The borrower-lender relationship: Why and how to nurture it during the crisis?
Most companies have seen their business operations seriously affected by the COVID-19 pandemic and the various government measures taken to mitigate its impact on the population. Companies have to contend with various issues in the short, medium and long term, such as the closure of many (…)
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COVID-19: Summary of Quebec and Federal Tax Measures and Financial Assistance
Download your reference page of the financial aids put in place in Quebec and Canada The ongoing COVID-19 pandemic is forcing different levels of government to institute measures to reduce the burden on taxpayers and protect the economy. The following is a summary of the principal measures (…)
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COVID-19 and Telework: A Common HR Solution but not Without Risk!
Due to the ongoing pandemic and the resulting suspension of many company activities, certain employers are maintaining their operations by means of telework. Employers have had to swiftly redeploy their human resources to an extent that would have been unimaginable just a few weeks ago. The (…)
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The Impact of COVID-19 on Contracts
With the ongoing COVID-19 pandemic, governments and agencies are implementing an increasing number of measures of all kinds. The state of emergency is giving rise to a multitude of legal concerns, in particular contractual ones. The temporary closure of many businesses, public places and borders and (…)
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The exercise of custody and access rights in the era of COVID‑19: “There will be no easy answers”
The Ontario Superior Court of Justice refuses to suspend a father’s access rights to his child and specifies the criteria for determining the urgency to intervene in family matters The global crisis we are going through brings its share of challenges and worries, including the protection of our (…)
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COVID-19 - Flexibility in the Federal Work-Sharing Program: A Solution for Retaining Your Human Capital?
In order to best support our clients and business partners, our team is following developments related to COVID-19 very closely. We invite you to visit on our website the page that centralizes all of the tools and information produced by our professionals. There is a concern that simply laying off (…)
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COVID-19: How to adapt your current tax planning?
The spread of COVID-19 is having a considerable negative effect on the global economy. Several tax planning strategies adapted to the current situation can be considered in order to mitigate the impact. Tax planning for individuals helps to (i) reduce the taxes payable upon death, (ii) encourage (…)
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How to be a Good Franchisor in the COVID-19 Era?
In recent weeks, and especially in recent days, we have seen the serious repercussions of the spread of COVID-19 on Quebec businesses and SMEs. Government authorities are planning financial assistance measures for businesses, and some chambers of commerce have already announced that new services (…)
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COVID-19: Update on Canadian IP
The Canadian Intellectual Property Office (CIPO) has made a further announcement concerning the extension of deadlines, to the effect that deadlines falling within March 16 to April 30, 2020 are extended to May 1, 2020. CIPO is otherwise still open for business and our intellectual property team (…)
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Bill 37 and Preventive Disclosure of Tax Planning: Why and How?
Bill 37, now known as the Act mainly to establish the Centre d’acquisitions gouvernementales and Infrastructures technologiques Québec, SQ 2020 c. 2, was assented to on February 21, 2020. In particular, this act makes significant changes to the Act respecting contracting by public bodies, CQLR c. (…)
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The Coronavirus Guide for Employers: Everyday Measures for the Workplace
Employers must review their action plan on a daily basis to promote prevention, manage possible or proven contagion among their employees and ensure that business operations continue. Two actions are key: Seeking accurate information from public health officials and governments daily; Taking (…)
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The 2020-2021 Quebec Budget: New Measures to Promote Innovation!
Quebec’s Minister of Finance tabled his budget for 2020-2021, titled Your Future, your Budget1, on March 10. Among the new measures introduced by the government, new tax incentives for innovation and the commercialization of Quebec intellectual property were announced. The incentive deduction for (…)
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Development of a legal definition of artificial intelligence: different countries, different approaches
As our society begins to embrace artificial intelligence, many governments are having to deal with public concern as well as the ongoing push to harness these technologies for the public good. The reflection is well underway in many countries, but with varying results. The Office of the Privacy (…)
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Constant supervision: how does the recent court decision impact CPEs, daycare centres and home childcare providers?
On January 15, 2020, the Court of Québec handed down an important decision that could have an impact very quickly on the entire childcare network.1. In its ruling dealing with a breach of the obligation to provide constant supervision of the children, the court questioned the concept of auto-pauses (…)
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Three key points about the Regulation respecting damage insurance brockerage
On December 13, 2019, the Regulation respecting damage insurance brokerage (the “Regulation”), adopted under the Act respecting the distribution of financial products and services (“ARDFPS”), came into force. The Regulation includes the following changes: New titles for firms and qualification (…)
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Bill 141: Checklist on insurance products offered via the internet and distribution without a representative
Download your checklist A major reform of the financial sector and, more specifically, of the standards surrounding the practice of professionals governed by the Autorité des marchés financiers (the “AMF”) is now applicable under the Act mainly to improve the regulation of the financial sector, (…)
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Judicial Review: impact of the Vavilov Judgment
In Vavilov, the Supreme Court of Canada revised the applicable legal framework for the determination and application of the standard of judicial review of administrative decisions. Changes were made to the analytical framework for determining the applicable standard of review and clarification was (…)
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Can an Expert Report be Inadmissible for Bias as a Preliminary Stage? The Superior Court of Quebec decides
The Code of Civil Procedure gives a party the ability to apply for the dismissal of an expert report as soon as it is disclosed by the adverse party. This process is governed by the courts. In the decision in Safran Nacelles v. Learjet inc.1, rendered in August 2019, the Superior Court granted an (…)
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Are you protected against phishing email? What the Court of Appeal said in insurance matters
Phishing fraud is a rampant problem that causes major losses throughout the world. It consists in bad actors sending emails in which they falsely claim to be a trusted third party or legitimate company in order to obtain confidential information from the recipient for the purpose of committing (…)
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What lessons can we take from the fatal accident in Arizona in 2018 involving an autonomous vehicle?
On March 18, 2018, in Tempe, Arizona, a vehicle being operated by self-driving software which was under development, collided with a pedestrian, causing her death. Following this accident, the U.S. National Transportation Safety Board ("NTSB") conducted an investigation and, on November 19, 2019, (…)
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Amendments to the Labour Standards Act : What is the rule for paid leave?
The latest amendments to the Labour Standards Act (“LSA”) provide that, in certain specific circumstances, the employers must pay the first two days of absence of their employees instead of granting them a leave without pay. In some instances, employees claimed two additional days of paid leave (…)
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Labour shortage: answers to your questions about hiring a foreign worker
The labour shortage that affects Quebec as a whole as well as many other provinces has been a well-known issue for several years. Almost every week, we hear about companies that are forced to close their doors or limit their activities due to a lack of staff in positions of all nature. In order to (…)
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Intellectual property in open innovation and co-innovation in the field of artificial intelligence
Moving far beyond the traditional models of closed innovation, artificial intelligence is progressing by means of collaborations and exchanges, both with the academic world and between companies. In Canada, the United States and Europe, innovation has evolved in ways that have changed the very (…)
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5 keys to successfully sell your franchise system
Though it doesn’t happen often, some franchisors start a franchise system with the goal of selling it in the short or medium term. However, the quality of the infrastructure required to build a viable franchise system and the amount of resources (financial or other) that need to be invested over (…)
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What can be done to discipline a manager? Potential solutions to keep in mind
Except in cases of “serious misconduct,” managing a manager whose performance is unsatisfactory or whose conduct is inappropriate can be delicate. Because of workplace usage and practices in Quebec, disciplinary management of managers differs from that applied to other employees of the company. (…)
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Estoppel based on patent prosecution history in Canada: The Pandora’s box is opened
Nearly twenty years ago, the Supreme Court of Canada1 rejected the theory of estoppel based on a patent’s prosecution history, more commonly known as "file wrapper estoppel"2). At the time, Justice Binnie wrote, “[…]purposive construction, which keeps the focus on the language of the claims, seems (…)
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Bill 37: What changes can be expected for Public Contracts?
On September 18, 2019, the Minister Responsible for Government Administration and Chair of the Conseil du trésor introduced Bill 37, An Act mainly to establish the Centre d’acquisitions gouvernementales et Infrastructures technologiques Québec1 As its name suggests, this bill is intended to (…)
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Changes to the Canadian Patent Rules came into force on October 30th 2019
The new Patent Rules, as well as certain amendments to the Patent Act, came into force on October 30, 2019. These changes implement the Patent Law Treaty and reduce the risk to applicants of a loss of rights but also bring about practice changes worthy of mention. Canadian national phase of a PCT (…)
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Right to Privacy: Can the Employer conduct Surveillance?
On October 3, the Court of Appeal of Quebec overturned an arbitral decision in which videotaped surveillance of an employee, suspected of activities incompatible with her alleged disability, would not be admitted into evidence. The majority of the appeal court judges concluded that the employer was (…)
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Insurers’ Duty to Defend: The Court of Appeal makes a new ruling
The Court of Appeal of Quebec was once again called upon to rule on a Wellington type application aiming to force an insurer to defend its insureds1. Over the years, the scope of this duty has developed extensively in case law. In this particular case, the Court ordered that defence costs be (…)
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Neural Network and Liability: When the information lies in Hidden Layers
Many of the most advanced machine-learning techniques rely on artificial neural networks, which allow systems to "learn" tasks by considering examples, without being programmed specifically to perform those tasks. Neural networks are nothing new, however the emergence of deep learning1, and of (…)
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Autonomous Air Vehicles : Are they at the gates of our cities?
For many years now, we have been discussing the arrival of autonomous vehicles on Quebec roads. Thus, in April 2018, the government amended the Highway Safety Code1 to adapt it to the particularities of these new vehicles However, the automotive sector is not the only one being transformed by (…)
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New Compensation Method: Employee Benefit Trust Replacing Stock Option Plans
Nowadays, many employers are seeking out forms of compensation that will help motivate and retain key employees. More and more, employers are opting for one of a variety of company stock ownership profit-sharing plans to reach this objective. Employers who wish to implement this type of structure (…)
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Duty of Loyalty and Non-competition: What are your Rights and Duties to Protect your Interests?
During Major Symposium in Montréal held on June 4, our colleagues Michel Desrosiers and Ariane Villemaire discussed the employees’ duty of loyalty under the Civil Code of Québec. In their presentation, they discussed the case of Xit Télécom Inc. and Madysta Constructions Ltée v. Beaumier et al.1 on (…)
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Conclusion of the Supervac 2000 saga: Dismissal is part of the inherent risks of a workplace
The Administrative Labour Tribunal (“ALT”) has ruled on the merits of the Supervac 20001 case, putting an end to the saga dealing with interpreting the part of section 326 of the Act respecting Industrial Accidents and Occupational Diseases (“AIAOD”) that concerns applications for transfer of costs (…)
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The Court of Appeal hands down its decision in the Kativik case: A second chance for poor performance employees?
Does an employer have to make reasonable efforts to reassign an employee to another suitable position before proceeding to dismissal due to poor performance? This issue has been the cause of a great jurisprudential controversy, especially since the Superior Court rendered its decision in Kativik1. (…)
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A Decision of Interest to the Entertainment Industry
Is an event organizer responsible for an artist’s late appearance? Context is key, answers the Superior Court’s, as it dismisses the application for authorization to institute a class action against Gestion Evenko Inc.1 regarding Travis Scott’s late appearance at the Osheaga Music and Arts Festival (…)
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New notification process at the Trademarks Office
The new provisions of the Trademarks Act allow for earlier intervention with the Registrar in an attempt to prevent the registration of trademarks that create confusion with registered or applied-for trademarks through a notification system. As the owner of pending or registered trademarks in (…)
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Employers: What is defamation and how do you protect your reputation?
At a time when it is becoming harder to distinguish true information from fake news and when a photo posted on social media can travel the world, companies are eager to do all they can to protect their image. What about when it’s your own employees who tarnish your company's reputation? Defamatory (…)
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Cyberattack: Superior Court dismisses application for authorization to institute a class action against Yahoo! Inc.
The Superior Court of Québec dismissed an application for authorization to institute a class action against Yahoo! Inc.1 (hereinafter “Yahoo!”) seeking damages as a result of cyberattacks that compromised the confidentiality of user data. Context In September 2016, Yahoo! issued a press release (…)
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Ready, set go! Changes to Canadian patent practice coming into force later this year
The Government of Canada has just announced that the new Patent Rules, as well as certain amendments to the Patent Act, will come into force on October 30, 2019. These changes implement the Patent Law Treaty and reduce the risk of a loss of rights to Applicants but also bring about practice changes (…)
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What are Revenu Québec's new tools to fight against “aggressive” tax planning?
On May 17, 2019, the Ministère des Finances du Québec announced new anti-avoidance tax measures in its Information Bulletin 2019-5 (the “Bulletin”) that are in line with today’s tightening of the tax environment and the fight against tax planning deemed to be aggressive. The measures announced on (…)
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3 things employers need to know about the modernization of the Canada Labour Code
As an employer, you may occasionally be required to impose disciplinary measures on problem employees. Handling such difficult situations requires an objective, planned approach so as to put an end to the misconduct and minimize the risk of litigation. To assist you in implementing your intervention (…)
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The government wants to know the shareholders’ true identity
Following the adoption of Bill C-86, which amends certain provisions of the Canada Business Corporations Act ("CBCA"), corporations will now need to compile a list of "individuals with significant control" in the corporation in a new register, to be maintained by the corporation. The purpose of (…)
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Artificial intelligence: is your data well protected across borders?
Cross-border deals are always challenging, but when related to AI technologies, such deas additionally involve substantial variations in terms of the rights granted in each jurisdiction. Looking at cross-border deals about Artificial Intelligence technologies therefore requires a careful analysis of (…)
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Heffel Gallery Limited : The National Importance of Foreign Art in Canada
On April 16, 2019, the Federal Court of Appeal issued a judgment resolving a deadlock that had been plaguing the Canadian art community since June 12, 2018. Since June 2018, the Canadian Cultural Property Export Review Board (the “Board”) has had to take into consideration the Federal Court’s (…)
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The countdown is on to protect your trademarks in Canada
A few weeks before the coming into force of the amendments to the Trade-marks Act, the following is a reminder of the actions you should consider taking before June 17, 2019 to protect your rights and save costs. Actions To Take Benefits Renew your registrations and classify your (…)
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Amendments to the Pay Equity Act: What are the changes to expect?
On April 10, 2019, came into force several long-awaited amendments to the Pay Equity Act, which are mainly intended to improve the pay equity audit process. These amendments follow last year’s Supreme Court of Canada ("SCC") judgment1. We discussed these judgments in a previous bulletin. It should (…)
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Bill 141 and divided Co-ownerships: What changes in insurance for co-owners?
On June 13, 2018, Bill 141, An Act mainly to improve the regulation of the financial sector, the protection of deposits of money and the operation of financial institutions (hereinafter referred to as the “Act”), received assent. This reform has a significant impact on certain laws governing the (…)
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The 5 key factors to consider before becoming a franchisor
Our team is frequently consulted by entrepreneurs asking the following question: we want to franchise our business concept, so where do we start? One of the most common scenarios involves a very enthusiastic customer approaching the owner of a new business concept with some local success (such as a (…)
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Disciplinary measures: What should employers do to reduce the risk of litigation?
As an employer, you may occasionally be required to impose disciplinary measures on problem employees. Handling such difficult situations requires an objective, planned approach so as to put an end to the misconduct and minimize the risk of litigation. To assist you in implementing your intervention (…)
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Personnel placement and recruitment agencies : what are the constraints of the new regulation?
In June 2018, amendments made to the Labour Standards Act ("LSA") included additional obligations and responsibilities for personnel placement agencies and temporary foreign worker recruitment agencies (the "Agencies"). However, these amendments were only supposed to come into effect on the date (…)
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“ Don't work here! ”: Employers' denigration may prove very costly
The Québec Superior Court has ordered a former employee to pay her employer $11,000 in moral and punitive damages because she posted defamatory comments about the company on Ratemyemployer.ca 1. In doing so, the employee contravened her loyalty obligations and the confidentiality and (…)
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How to expand your franchise network in Quebec?
In the latest edition of the Franchise Voice magazine published by the Canadian Franchise Association (CFA), discover the article "Franchising in Quebec", illustrating some of the particularities that distinguish Quebec from other Canadian provinces in the Franchise industry. Whether you are a (…)
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Once Upon a Time in the West: Redwater, its Trustee, and the Environmental Arm of the Law
In a decision handed down on January 31, 2019, the Supreme Court ordered that a bankrupt oil and gas company fulfil its obligation to reclaim abandoned oil wells before paying any creditors. This decision has since sparked conflicting reactions across the country: first, because it gives clear (…)
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Recruitment: Why you need to prepare your interview questions?
During a job interview, an employer cannot ask questions that involve grounds for discrimination prohibited under the Charter of Human Rights and Freedoms1 (the “Charter”), including the religion, marital status, or ethnic or national origin of a candidate. Simply asking such questions could result (…)
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Open innovation: A shift to new intellectual property models?
“The value of an idea lies in the using of it.” This was said by Thomas Edison, known as one of the most outstanding inventors of the last century. Though he fervently used intellectual property protections and filed more than 1,000 patents in his lifetime, Edison understood the importance of using (…)
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Is the duty of loyalty a limit to freedom of expression?
The right to freedom of expression is not absolute. It does not permit employees to comment on political events unrelated to their workplace at all times and an employer can intervene if an employee expresses his opinions at work and on social networks. An employer has the right to request that his (…)
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Employer-sponsored holiday parties: What are you liable for?
Your guests have arrived and it’s time to give the toast! Are you ready to celebrate? December is undoubtedly the most festive month of the year. It’s a great opportunity for employers to thank their employees for the services rendered during the year, but also for employees to interact with their (…)
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A New Look at Interlocutory Injunctions
The year 2018 has been an important one for case law regarding injunctions: the Supreme Court of Canada and the Court of Appeal of Quebec each rendered decisions that redefined certain parameters for the issuing of a interlocutory injunction. R. v. Canadian Broadcasting Corp. On February 9, 2018, (…)
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Churchill Falls (Labrador) Corp. v. Hydro-Québec | The Supreme Court rules in favour of Hydro-Québec: the interaction between good faith and the scheme of the contract
Introduction Although 24 years of jurisprudence have gone by since its codification in article 1375 of the Civil Code of Québec, the notion of good faith remains a vague concept whose incidence on the performance of contracts is still unclear. Although it is increasingly evident that good faith is (…)
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Cannabis legalization | Lessors : what steps should you take?
Subject to many restrictions, the possession and production of cannabis were legalized in Canada following the coming into force of the Cannabis Act1 (the “Cannabis Act”) on October 17, 2018. In this context, a guide for employers was previously published by our team in Employment and Labour. To (…)
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Employers: 6 main amendments to the Act respecting labour standards
On June 12, 2018, the Act respecting labour standards (the “Act”) was amended to give employees more flexibility in order to improve their family work balance. Here is an overview of the main changes made to the Act. The reference guide specifies which amendments will be coming into force on (…)
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The United States–Mexico–Canada Agreement (USMCA): What this means for Canadian IP law
As we reported on October 15, 2018, Canada, Mexico, and the United States were finally able to agree on the terms of the United States–Mexico–Canada Agreement (USMCA) on September 30, 2018. The USMCA is intended to replace the North American Free Trade Agreement (NAFTA), which has been in place for (…)
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Infrastructure Insider: What essential news and transactions occurred in the infrastructure market?
To download the Infrastructure Insider To download the Infrastructure Insider 1. Setting up the Autorité des marchés publics — Practical consequences on the call for tenders process in Quebec The Autorité des marchés financiers is now replaced by the AMP for the authorization to contract with a (…)
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Care, Custody or Control Exclusion Clause in Insurance—The SCC’s Interpretation
On October 19, 2018, the Supreme Court of Canada handed down its decision in 3091-5177 Québec inc. (Éconolodge Aéroport) v. Lombard General Insurance Company of Canada1, written by the Honourable Mr. Justice Clément Gascon, in an appeal of a Quebec Court of Appeal decision. It deals primarily with (…)
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Cannabis legalization: a reference guide for employers
The use of cannabis for recreational purposes will be legal in Canada as of October 17, 2018. Employers will have to manage cannabis consumption in the workplace to ensure that employees do their work safely while respecting applicable laws. Summary of the law in Quebec Considering the various (…)
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New NAFTA : 8 major changes
Canada and the United States reached an agreement on the renegotiation of the North American Free Trade Agreement (NAFTA) on September 30, 2018 which was the deadline imposed by the United States. This new agreement, now called the United States-Mexico-Canada Trade Agreement1 (hereafter the “USMCA” (…)
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Changes in the workplace environment in Québec : What you need to know!
On June 12, the Act respecting labour standards was amended to provide employees with more flexibility to favour a greater work-family/personal life balance. Among the changes that should be noted, requiring more or less significant adjustment by employers: Psychological and sexual harassment (…)
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Privacy Breach Reporting: Supplying the Stick for Your Own Beating?
Since the EU’s General Data Protection Regulation (“GDPR”) came into force in May 2018, the government of Canada has decided to align its security breach legislation with these new EU standards. Thus, as of November 1st 2018, organizations and businesses in Canada will be required to comply with (…)
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Use it and (maybe) lose it : Prior use and patentability
It is generally universal in patenting that an invention cannot have been previously disclosed to the public in order to qualify for patent protection. Canadian law stipulates that the subject matter of a patent claim must not have been disclosed “in such a manner that the subject-matter became (…)
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Artificial intelligence at the lawyer’s service: is the dawn of the robot lawyer upon us?
Over the past few months, our Legal Lab on Artificial Intelligence (L3AI) team has tested a number of legal solutions that incorporate AI to a greater or lesser extent. According to the authors Remus and Levy1, most of these tools will have a moderate potential impact on the legal practice. Among (…)
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How subcontractors or materials supplier can use the surety bond contract
That is what material suppliers want to know when general contractors with which they have contracted default on payment, particularly in bankruptcy cases. It is common practice for clients to require that the general contractor provide a surety bond to cover a significant breach of this nature. (…)
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Wellington-Type Motion And Reserve Of Rights Letter
On July 9, 2018, the Superior Court once again examined the principles applicable to Wellington-type motions in connection with a matter opposing two contractors against their liability insurers in a legal proceeding initiated by the Société des traversiers du Québec (hereafter “STQ”). The (…)
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Advertising, loyalty programs and consumer credit: what’s new and what’s coming up
This publication was co-authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. Following the adoption of the Act mainly to modernize rules relating to consumer credit and to regulate debt settlement service contracts, (…)
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First pilot project on the use of autonomous vehicles comes into effect
The Autonomous Bus and Minibus Pilot Project 1 (the “Pilot Project”) came into effect in Quebec on August 16, 2018. The project provides guidelines for the regulated driving of the first autonomous vehicles on Quebec’s roads. Driving autonomous vehicles in quebec An autonomous vehicle is defined (…)
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New environmental authorization scheme: how does this affect mining companies?
A new environmental authorization scheme, which is intended to be a simplified version, was implemented under the Environmental Quality Act (“EQA”) and has been in effect since March 23, 2018. How does this new scheme affect mining companies? Is the authorization scheme truly simplified? What about (…)
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New Regulation Respecting Immigration to Québec: Economic needs of Quebec and its regions come first
The new Regulation Respecting Immigration to Québec (“RIQ”), the purpose of which includes fostering the participation of immigrants in the development of Quebec and alleviating the labour shortage currently experienced by many employers in the region, came into force on August 2nd, 2018. The (…)
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A new step in processing requests for accommodations on religious ground
On July 1st, 2018, the provisions of the Act to foster adherence to state religious neutrality and, in particular, to provide a framework for requests for accommodations on religious grounds in certain bodies, RLRQ, c. R-26.2.01 (“Act”) came into force. This Act applies to the “public bodies” that (…)
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Consumer Law: the Time Decision, again
This publication was authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. Consumer law and class action suits go well together. In the recent Girard1decision, the Quebec Court of Appeal, in an opinion by the (…)
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Amendments to the Act respecting labour standards adopted: new changes with immediate effect
On June 12, 2018, Bill 176 was adopted, resulting in the immediate enactment of several amendments to the Act respecting labour standards (ALS) which seeks in particular to facilitate work-family balance. Our article published March 21, 2018 addresses the key aspects of these changes. However, (…)
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Broaden VC Funds Investment Boundaries to Develop a Real AI Hub in Montreal
In recent years, Montreal has enjoyed a certain level of success in the field of AI. Many large companies have made announcements regarding the opening of research centers in this field and some people now talk about Montreal turning into a real AI hub. A prerequisite for the creation of a real (…)
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Patent and Business Opportunities in the World of Digital Technologies
Copyrights are important for source codes and compiled data protection, as well as graphic design and video in the case of apps. In addition, apps names and logos may be protected by trademarks, and icons by design registrations. Trade secrets may keep exclusivity of at least core parts of the (…)
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Why register your brands with the Amazon Brand Registry
If you sell your products on Amazon, you can benefit from enrolling your trademarks with the Amazon Brand Registry. The Amazon Registry is a free program accessible to monitor brands on Amazon’s website. This program includes proprietary search tools designed specifically to help online merchants (…)
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Impact of technology on the practice of law
Technology is now a part of our day-to-day lives, and we’ve learned how to use it. But what about our judicial institutions? What impact does technology have on the administration of proof and the practice of law? The Court of Appeal provides us with some solutions (and grounds for discussion) in (…)
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Dr. Robot at your service: artificial intelligence in healthcare
Artificial intelligence technologies are extremely promising in healthcare.1 By examining, cross-referencing and comparing a phenomenal amount of data,2 AI lets researchers work more quickly at a lower cost3 and facilitates doctors’ decision-making with regard to diagnosis, treatment and choice of (…)
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The City of Montreal revises its by-law on contract management
Redefining and expanding the concept of conflict of interest, clarifying situations of “ineligibility to contract”, introducing a principle of supplier rotation, increasing the eligibility threshold for the award of a private contract. These are the main changes that the City of Montreal has made to (…)
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Increased risk: the importance of questions to policyholders
On 23 January 2018, in a case in which Marcelin Fortier (hereinafter the “applicant”) sued his insurer, the Superior Court rendered a decision1 whereby it reiterates the principles applicable to the notion of increased risk in insurance, and insisted on the importance of the questions asked by (…)
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Influencers Must Disclose Who Is Influencing Them
This publication was co-authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. The rise of social media and influencers has led us to consume incredible quantities of content every day, often without realizing that (…)
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Is an audio recording on magnetic tape a technological document?
This publication was co-authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. Despite its coming into force in 2001, the courts have frequently avoided commenting on the application and interpretation of the Act to (…)
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No municipal tax reductions for mining companies
What is a mine’s equipment? What does it include? What is considered an access road to a mining operation? These are, you might think, simple, perhaps even banal questions. Think again: the answer to these questions represents the difference between millions of dollars in property taxes pouring (…)
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Ars Ex Machina: Artificial Intelligence, the artist
Similarly to human beings, machines are now capable of creating. They can write poetry, compose symphonies and even paint canvasses. They can also take photographs without any human assistance and perform musical pieces with flexibility and expression. On the technical front, such (…)
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Autonomous cars in Quebec: the legal uncertainty is clarified at last
With the enactment on April 17th 2018 of Bill 165, An Act to amend the Highway Safety Code and other provisions1, the driving of autonomous vehicles in Quebec is finally regulated, although a number of uncertainties remain. Indeed, the driving of autonomous vehicles of automation level 3, such as (…)
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Latest developments in the Canadian infrastructure market
The Canadian infrastructure market has had a busy few weeks! The industry's latest news, from new funding policies to major transport and energy projects, is identified in this edition of the Infrastructure Insider. 1. The latest developments in the Canadian infrastructure market New developers (…)
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Confinement in an establishment: establishments must exercise caution before making an application
In a decision rendered on March 13, 20181, the Court of Appeal reiterated that caution is in order when making an application for confinement. The Court also took the opportunity to review the topic of confinement orders and the supervision and safety requirements that healthcare establishments have (…)
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Artificial Intelligence and blockchains are vulnerable to cyberattacks
Technologies based on blockchains and AI imply a considerable change for our society. Being that the security of data exchanged is vital, companies must begin adopting a long-term approach right now. Many businesses develop services based on blockchains, in particular in the financial (…)
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Class actions to watch for in the air transport sector
Many Canadians travel by airline. Aside from the pleasure of travel, certain inconveniences may sometimes occur, for both air carriers and passengers alike. A class action suit is often the preferred procedural vehicle for customers to assert their rights. Recent class actions authorized by the (…)
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Itemized invoices: a new obligation for pharmacists
Since September 15, 2017, pharmacists have been obliged to provide itemized invoices not just to their clients but also to third parties such as insurers who are involved in the process of paying the cost of drugs. In response to this new obligation, the Association québécoise des pharmaciens (…)
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Key aspects of the changes made to the Act respecting labour standards
On March 20, 2018, Minister Dominique Vien introduced the much-awaited bill no. 176 to the National Assembly of Quebec, entitled the Loi modifiant la Loi sur les normes du travail et d’autres dispositions législatives afin principalement de faciliter la conciliation « famille-travail » [An Act to (…)
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Civil liability and personal injury: A harsh decision for a winter sports centre
The Court of Québec released an interesting judgment in December in a case involving civil liability and personal injury.1 On February 23, 2013, Plaintiff, Ms. Bourgault, went to Village Vacances Valcartier (“VVV”) to take part in a snow rafting activity. During a descent, she was twice thrown (…)
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The Court of Appeal sets the record straight on applications for assignment of costs
On January 24, the Quebec Court of Appeal1 released a very important decision on the application of section 326 of the Act respecting industrial accidents and occupational diseases2 (“A.I.A.O.D.”), thereby setting the record straight on the true effect of this provision. An employer will no longer (…)
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Builders’ Risk Insurance: Interpreting the Usual Faulty Workmanship and “LEG” Exclusions in connection with Ledcor and Acciona
Ledcor The issue in Ledcor1 was whether the builder’s risk policy taken out by the contractor that was contractually responsible for cleaning the windows of a building, covered damage to the windows caused by its poor cleaning work. The financial impact was significant since the cost of re-doing (…)
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Clothes make the man
When an individual chooses to enter into an agreement via a management company, he has to accept all of the consequences of that decision, the good and the bad. This principle applies in particular to working relationships. In the Kucer case,1 the Superior Court recently confirmed that, (…)
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Is workplace discrimination everyone’s business?
Ariane Villemaire and Véronique Morin The Supreme Court held that the British Columbia Human Rights Code protects employees against all forms of discrimination in the workplace, even if the perpetrator of such discrimination is not their employer. On December 15, 2017, the Supreme Court (…)
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Freedom of association of physicians practising at a specialized medical centre: the Supreme Court of Canada declines to intervene
On February 8, 2019, the Supreme Court of Canada dismissed the application by the Fédération des médecins spécialistes du Québec for leave to appeal from the judgment of the Court of Appeal of Quebec1 in a case concerning the freedom of association of physicians practising at a specialized medical (…)
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The contract may remain in force despite misrepresentations or latent defects because the consumer has obligations too
This publication was authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. The duty to inform is one of the main obligations sellers owe to their purchasers. This applies in the context of civil law, business law or (…)
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Standing Senate Committee of Canada's Transport and Communications issues report on driving of smart vehicles
Introduction In January 2018, the Senate's Standing Committee on Transport and Communications (hereinafter the "Committee"), chaired by the Hon. David Tkachuk, published a report on the impact of automated vehicles in the country at the behest of the Minister of Transport of Canada. The first (…)
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Securities and class actions: screening authorizations
Anyone who wants to bring an action in damages relating to the secondary securities market must prove that the action is brought in good faith and has a reasonable chance of success (s. 225.4 QSA). In Quebec,1 as elsewhere in Canada,2 no prior disclosure of evidence may be obtained by plaintiff (…)
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Artificial Intelligence, Implementation and Human Resources
In this era of a new industrial revolution, dubbed as “Industry 4.0”, businesses are facing sizable technological challenges. Some refer to smart plants or the industry of the future. This revolution is characterized by the advent of new technology that allows for the “smart” automation of human (…)
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Caron confirms that employers have a duty to accommodate workers with an employment injury
On February 1, 2018, the Supreme Court of Canada rendered an important decision in Commission des normes, de l’équité, de la santé et de la sécurité du travail (“CNESST”) v. Caron1 (“Caron”), confirming the position expressed by the Court of Appeal in 20152 as well as the state of the law regarding (…)
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Class Actions to Watch this Year
Year in and year out, the Superior Court of Quebec releases around 175 judgments in class actions matters, and 2017 was no exception. With two years having passed since the reform of civil procedure, the courts have had an opportunity to clarify the effect of a number of new provisions: the low (…)
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Bill 162: An Act to amend the Building Act and other legislative provisions mainly to give effect to certain Charbonneau Commission recommendations
Tabled on December 1, 2017 by Lise Thériault, the Minister responsible for Consumer Protection and Housing, the main purpose of Bill 162 is to give effect to certain recommendations contained in the final report of the Commission of inquiry on the awarding and management of public contracts in the (…)
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New developments regarding the criminal negligence of employers
On August 31, 2017, the Ontario Court of Justice sentenced1 Detour Gold Corporation (“Detour Gold”) to pay a fine of $2,625,333 after it pleaded guilty to a charge of criminal negligence causing the death of an employee. Facts Detour Gold has operated an open pit mine near the Ontario-Québec (…)
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Prescription and Indirect Victims of Bodily Injury: the Supreme Court Rules
On October 13, 2017, the Supreme Court of Canada rendered an important decision1, putting an end to a jurisprudential and doctrinal debate on civil liability and prescription in the field of municipal liability. Facts In October 2010, Ms. Maria Altragracia Dorval ("Dorval") was murdered by her (…)
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Latest developments in the Canadian infrastructures market
TABLE OF CONTENTS Latest developments in the Canadian infrastructures market British Columbia Throne Speech promises new public transportation and healthcare infrastructures InstarAGF completes the final close of InstarAGF Essential Infrastructure Fund First Action Plan for Québec’s (…)
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The public tendering process: are there alternatives to the lowest bidder rule?
In Québec, both at the provincial and municipal levels, the awarding of contracts by government bodies for construction work and material supply seems, for the most part, to be governed by the lowest bidder rule. Nevertheless, the Charbonneau Commission highlighted the many drawbacks to this method: (…)
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Improvements to the tax holiday for large investment projects
Summary A company participating in carrying out a large investment project in Québec (“LIP”) may, under certain conditions, benefit from a 15-year tax holiday on the income from its eligible activities related to the LIP, as well as a holiday from employer contributions to the Health Services Fund (…)
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Has there been a change in the standard for the administrative dismissal of an employee due to poor performance?
On October 4, 2017, the Honourable Justice Pierre-C. Gagnon of the Superior Court of Québec, sitting in judicial review of an arbitral award, rendered a key decision1 on the criteria to be considered in order to uphold an administrative dismissal. The facts An employee working as an administrative (…)
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No return to work in the foreseeable future: an undue hardship for employers
Reversing a decision of the Tribunal administratif du travail (“TAT”), the Superior Court of Québec confirmed that the employer will meet the burden of demonstrating undue hardship, thus justifying a non-discriminatory administrative dismissal, where there is no evidence that the employee will be (…)
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Cash flow management by investment fund managers: considerations when setting up subscription credit facilities
Subscription credit facilities have become a popular tool to increase flexibility in managing an investment fund’s cash flows. However, these instruments are not always well understood by all parties. The popularity of these facilities has also led investors associations, such as the Institutional (…)
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Dismissed after being convicted of procuring
In a decision rendered on May 29, 2017,1 arbitrator Jean-Pierre Lussier confirmed the dismissal of a cashier employed by the Société de transport de Montréal who was convicted of procuring. The facts Hired in February 2008, the employee pleaded guilty to charges of procuring in 2014. The victim (…)
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The Superior Court of Québec rules on the insurable interest of someone
who acted as a nominee in the context of the acquisition of a propertyOn September 8, 2017, in the case of El-Ferekh c. Intact, compagnie d’assurance, 1 the Superior Court of Québec ruled on the insurable interest of someone who acted as a nominee in the context of the deeds pertaining to the acquisition of an immovable property covered by an insurance policy. The (…)
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Dismissal due to a breach of the occupational health and safety rules
related to lockoutIn a decision rendered on August 14, 2017,1 Arbitrator François Blais dismissed a grievance contesting a dismissal, holding that a breach of occupational health and safety rules constitutes an objectively serious fault which must be dealt with severely regardless of whether or not the breach caused (…)
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Bill 150 and the distribution of financial products and services
On October 31, 2017, Québec’s Finance Minister, Carlos J. Leitão, introduced Bill 150, An Act respecting mainly the implementation of certain provisions of the Budget Speeches of 17 March 2016 and 28 March 2017 (“Bill 150”). In this newsletter we will discuss the changes made to the Civil Code of (…)
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Québec consumer law and the automotive industry: keep your hands on the wheel!
Lavery recently attended the Strictly Automotive Seminar organised by the Defence Research Institute in Detroit, Michigan. The seminar addressed legal issues which the automotive industry is currently facing worldwide. This newsletter provides an overview of the legal principles vehicle (…)
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Bill 150 and damage insurance brokerage
On October 31, 2017, Québec’s Finance Minister, Carlos J. Leitão, introduced Bill 150, An Act respecting mainly the implementation of certain provisions of the Budget Speeches of 17 March 2016 and 28 March 2017 (“Bill 150”). In this article, we will discuss the changes made to the Act respecting the (…)
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The Superior Court of Québec analyses the exception allowing the use
of a work protected by copyright for the purpose of news reportingIn Cedrom-SNi inc. v. Dose Pro inc. (“Cedrom-SNi”), the Superior Court of Québec rendered a decision which, although issued at the interlocutory stage, is of interest to Canada’s media and entertainment industry since it is one of the rare decisions which analyses the criteria for applying the (…)
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Investing in the health of your employees - a wise decision! The legal issues to consider
Numerous studies confirm that the poor health of workers, among other things caused by the increasingly sedentary nature of positions and the illnesses associated with this, will ultimately result in significant costs for businesses related to: Absenteeism; Compensation for work-related injuries (…)
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Doing Business In Quebec
Download our complete guide to develop your business in Quebec Doing Business In Quebec
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Employers and emergency call centre workers: your liability for property damage is limited
In May 12, 2017, the Court of Québec1 concluded that an emergency call centre had no liability for property damage caused by first responders who broke down the door of a residence in order to assist a user in respiratory distress. In this case, the Court held that a call centre who required the (…)
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“Senior managerial personnel” status under the Act respecting labour standards
In Delgadillo c. Blinds To Go inc. and the Tribunal administratif du travail,1 the Court of Appeal of Québec rendered a very important decision regarding the concept of “senior managerial personnel” under the Act respecting labour standards (“ALS” or the “Act”). In the future, this decision should (…)
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Comprehensive reform of the rules governing the regulation
and operations in the Québec financial sectorOn October 5, 2017, Québec's Minister of Finance, Carlos J. Leitão, has tabled Bill 141 in Québec's National Assembly. The Bill, which is 470 pages long and includes some 750 sections, is entitled An Act mainly to improve the regulation of the financial sector, the protection of deposits of money (…)
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The Supreme Court clarifies the circumstances in which the director
of a corporation can be held personally liable for oppressionWhile the Canada Business Corporations Act, R.S.C. 1985, c. C-44 (“CBCA”) is silent on the circumstances that will result in a director’s personal liability for oppression, and the Canadian courts have failed to agree on the application of the principles considered in the case law in this regard, in (…)
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Managing potential conflicts of interest in investment funds
The high level of information asymmetry between investment fund managers and their investors1 can give rise to significant conflicts of interest which must be adequately managed. This article discusses the main conflicts of interest encountered in standard private equity, venture capital and hedge (…)
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Intellectual Property and Artificial Intelligence
Although artificial intelligence has been evolving constantly in the past few years, the law sometimes has difficulty keeping pace with such developments. Intellectual property issues are especially important: businesses investing in these technologies must be sure that they can take full advantage (…)
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Inappropriate conduct, lack of cooperation and insufficient availability
are sufficient grounds for a health institution’s to refuse to renew a physician’s practice privilegesOn May 31, 2017, the Superior Court of Québec1 (the “Court”) dismissed a urologist’s application for judicial review of a decision of the Administrative Tribunal of Québec2 (the “ATQ”) upholding a decision made by the Board of Directors of a health institution (the “Board”) not to renew the (…)
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The Canada-European Union Comprehensive Economic and Trade Agreement (CETA) is coming into force today!
It is today, September 21st 2017, that Bill C-30 1 comes into force. As a result of its provisions, several Canadian laws are amended in order to allow for implementation of the Canada–European Union Comprehensive Economic and Trade Agreement “CETA” 2. Chapter 20 of the CETA deals with the (…)
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Substantial upcoming tax impact on investment funds’ management compensation
On September 8, 2017, the Minister of Finance introduced unexpected legislative and regulatory proposals regarding partnership distributions to a general partner, which will now be subject to GST/HST. On the other hand, the Québec government has yet to propose similar changes, but we believe it will (…)
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Essential services in the health sector :
the Tribunal administratif du travail declares section 111.10
of the Labour Code unconstitutionalIn a decision rendered this past August 31st by Justice Pierre Flageole,1 the Tribunal administratif du travail (the “Tribunal”) declared section 111.10 of the Labour Code2 to be constitutionally inoperative. This provision requires that a set minimum percentage of employees must remain on the job (…)
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Class Actions - What’s on the radar for consumer class actions?
Over half of the applications for authorization to institute class actions filed in Québec since the beginning of 2017 are based on consumer law. There is no doubt that consumer class actions will continue to fuel discussions within the business and legal communities. We will continue to monitor the (…)
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What every agri-food company must know about the new geographical indications which will come into force on September 21st
While negotiating the Comprehensive Economic and Trade Agreement between the EU and Canada (CETA) with the European Union, Canada has agreed to modify its legislative scheme governing Geographical Indications («GIs»). In this context, Canada has recognized protection for 179 new GIs. The new (…)
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How will the Superior Court of Québec deal with pension laws from Newfoundland and Labrador, Québec and the Parliament?
On January 30, 2017, Justice Stephen W. Hamilton issued an interlocutory decision1 in the context of a motion for directions, the outcome of which will be most interesting. On May 19, 2015, the debtors, Wabush Iron Co. Limited, Wabush Resources Inc., Wabush Mines, Arnaud Railway Company and Wabush (…)
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Victory for the managerial personnel of the Health and Social Services Network in Superior Court of Québec – What is the immediate takeaway?
On July 27, 2017, the Superior Court of Québec rendered a decision in favour of the managerial personnel of the Health and Social Services Network, concluding that the changes made to some of their working conditions by the Minister of Health were null and void.1 Background The Association des (…)
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Directors in the crosshairs of the Supreme Court
In the context of the case of Wilson c. Alharayeri1 (“Wilson”), issued on July 13, 2017, the highest court of the land confirmed the decision of the Court of Appeal of Québec which ordered a corporate director personally to pay an amount of $648,310 to a shareholder following an abuse he committed (…)
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Deceptive Online Marketing Practices: Intermediaries, what is your legal exposure?
In recent decades, online advertising has become the single most efficient and interactive way to reach consumers and assess their behaviour. While television and print audiences continue to dwindle and overall marketing strategies that focus on these mediums are less able to effectively measure and (…)
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Practice in a specialized medical centre: limits to the freedom of association of physicians based on their status as participants or non participants
On June 1 of this year, the Québec Court of Appeal1 confirmed a decision of the Superior Court of Québec which had ruled that physicians who participate in the health insurance regime and physicians who do not cannot work together in a same specialized medical centre. In this case, the plaintiffs (…)
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Medical use claims not involving the professional skill of a physician are patent-eligible in Canada.
In a previous newsletter 1, we discussed a change in Canadian patent practice in respect of the patent-eligibility of claims relating to medical uses, further to a decision from the Federal Court 2. Following this decision, the Canadian Intellectual Property Office (CIPO) issued a revised Practice (…)
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Coming into force of the Act to amend various legislation mainly with respect to admission to professions and the governance of the professional system (Bill 98)
On June 6, 2017, Bill 98, entitled An Act to amend various legislation mainly with respect to admission to professions and the governance of the professional system (the “Act”) was passed by the National Assembly, then assented to by the Lieutenant Governor two days after. This statute, whose main (…)
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The award of moral damages following a collective dismissal
A recent Superior Court decision in Peintures Industrielles Évotech1 ruled that the grievance arbitrator had acted within his jurisdiction in awarding moral damages to employees dismissed abruptly when the Company moved its operations to Ontario. Context of the Évotech case Évotech, which (…)
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Latest developments in the Canadian infrastructure market / The privatization of Canadian airports: Why, how and what is at stake? / Canada Infrastructure Bank Act: highlights
TABLE OF CONTENTS Latest developments in the Canadian infrastructure market Ontario introduces a balanced budget which includes $30 billion in infrastructure investments Nova Scotia introduces its second balanced budget and increases investments in highways New LNG production (…)
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Global Skills Strategy – Latest Developments in Workforce Mobility
In November 2016, the federal government announced the launch of a Global Skills Strategy (the "Strategy"), with the goal of stimulating Canada’s economic growth and, as a result, increasing employment opportunities for all Canadians. On June 12, 2017, in order to maximize the positive impact of the (…)
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The Promise Doctrine is Struck Down by the Supreme Court of Canada
On June 30th, 2017, in a landmark decision, the Supreme Court of Canada rejected the relatively new so-called “promise doctrine”. The lower courts had found the patent invalid based on this doctrine in that the patent specification attributed certain advantages to the invention that were not soundly (…)
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Dividing up of certified bargaining units – The Québec Court of Appeal calls into question the automatic application of traditional criteria
By way of two decisions 1 handed down jointly on May 8th of this year, the Québec Court of Appeal held that it is no longer appropriate to mechanically apply the existing analytical framework regarding the criteria for the division of a bargaining unit. Based on principles recently stated by the (…)
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Legislative amendments regarding conservation of wetlands and bodies of water: troubled waters for developers?
Bill 132 respecting the conservation of wetlands and bodies of water, passed unanimously by the National Assembly on June 16th of this year, is in keeping with the context of a significant modernization of environmental laws in Québec. Most of its provisions come into force immediately. Described (…)
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Bill 143: Salient points regarding educational childcare services
On June 16th of this year, Mr. Sébastien Proulx, Minister of Education, Recreation and Sports and Minister of Families, presented Bill 143 1 to improve the educational quality and foster the harmonious development of educational childcare services (the “Bill”). The Bill proposes amendments to the (…)
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A picture is worth a thousand woes!
A recent Federal Court decision 1 reiterates the importance of protecting the main design elements featured on products and packaging. This decision also recalls the dangers of too closely mimicking the appearance of a competitor’s products. Goudreau Gage Dubuc, one of the leading (…)
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Business Succession Planning: Transfer, Financing and Planning
Have you built a prosperous business through your hard work and perseverance? Are you the kind of entrepreneur who invests countless hours in growing your business? Every business owner must one day plan for the succession of his business, whether with a view to his retirement, to sell the business (…)
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The new act to prohibit and prevent genetic discrimination
On May 4, 2017, the Senate passed the Act to prohibit and prevent genetic discrimination (Genetic Non-Discrimination Act), which came into force on the same date. This Act also amended the Canada Labour Code and the Canadian Human Rights Act. The new Act aims to regulate the use of genetic tests, (…)
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“Like our Facebook page and you could win a tablet computer” - are you following the rules?
Promotional contests are among the advertising activities favoured by businesses. In the age of social media, they are increasingly frequent and popular — “Win a trip down South!”, “Fantastic stroller to be won among everyone who likes our Facebook page!”. However, not everyone is aware of all the (…)
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Latest developments in the Canadian infrastructure market / The Canada-Europe Free Trade Agreement: impacts on the infrastructure industry / Biomethanization: a fast-growing market in Québec
TABLE OF CONTENTS Latest developments in the Canadian market Fengate acquires a solar project portfolio from Canadian Solar TerraForm Power increases the financing of its Canadian solar power portfolio SaskPower launches a call for tenders for 200 MW of wind energy Boralex closes the (…)
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A bid’s nonconformity to the eligibility criteria set out in a call for tenders, such as minimum experience, constitutes a major irregularity
When it comes to presenting a bid in response to a call for tenders made by a public body, two major questions are of interest to businesses concerned, namely “What is the nature of the contract?” and “Does my business conform to the conditions of the call for tenders, for example, those concerning (…)
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A bid’s nonconformity to the eligibility criteria set out in a call for tenders, such as minimum experience, constitutes a major irregularity
When it comes to presenting a bid in response to a call for tenders made by a public body, two major questions are of interest to businesses concerned, namely “What is the nature of the contract?” and “Does my business conform to the conditions of the call for tenders, for example, those concerning (…)
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When artificial intelligence is discriminatory
Artificial intelligence has undergone significant developments in the last few years, particularly in respect of what is now known as deep learning.1 This method is the extension of the neural networks which have been used for a few years for machine learning. Deep learning, as any other form of (…)
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A physician refusing to follow a professional training course constitutes sufficient ground for an establishment to refuse to renew the physician’s status and privileges – TAQ confirms its decision
On March 29, 2017, the Tribunal administratif du Québec issued a decision1 (the “TAQ2 decision”) reviewing one of its own judgments (the “TAQ1 judgment”)2 which had confirmed the decision of a health establishment not to renew the privileges of a physician who had refused to follow a professional (…)
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Getting on the fast track: Accelerating patent examination in Canada
Would you like to obtain a Canadian patent quickly? You’re in luck – mechanisms are available to accelerate patent examination at the Canadian Intellectual Property Office (CIPO), depending on the technology, the situation and your particular needs. Benefits Such acceleration of examination (…)
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The Role of the Expert under the new Code of Civil Procedure
The coming into force of the new Code of Civil Procedure on January 1, 2016 created some uncertainty for litigation lawyers. One issue was the role of experts in litigation and in particular the emphasis on joint experts and the filing of an expert’s report in lieu of testimony. Other provisions (…)
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Arbitration and quasi-judicial tribunals: Must corporations and private bodies necessarily be represented by a lawyer?
While individuals (natural persons) may represent themselves and need not resort to a lawyer before the courts, a legal person or a corporation must necessarily be represented by a lawyer, both pursuant to the Code of Civil Procedure (articles 23, 86 and 87) as well as by reason of the acts reserved (…)
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Artificial intelligence and its legal challenges
Is there a greater challenge than to write a legal article on an emerging technology that does not exist yet in its absolute form? Artificial intelligence, through a broad spectrum of branches and applications, will impact corporate and business integrity, corporate governance, distribution of (…)
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Employers, the VRSP: Ring any Bells?
On July 1, 2014, most of the provisions of the Voluntary Retirement Savings Plans Act1 (the “VRSP Act”) came into effect. At the time, this raised questions in the minds of numerous employers about their obligations under this new law. Since a first group of employers had until December 31, 2016 to (…)
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Autonomous cars will shortly be on the roads in Montréal
Autonomous cars have really taken off in the last few years, particularly due to the interest of both consumers and the businesses who develop and improve them. In this context, on April 5 and 10, 2017, the City of Montréal and the Government of Québec respectively announced significant investments (…)
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Press release from the ministère des Finances of Québec
Consultation on the 20% RuleOn April 18, 2017, the ministère des Finances of Québec announced a public consultation on the rules enacted in An Act respecting the distribution of financial products and services to limit the ownership of damage insurance firms by financial institutions. This consultation’s objective is to (…)
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CRS: Be ready for July 1st, 2017
CRS entry into force: July 1st, 2017 The Common Reporting Standard (“CRS”) will impose new obligations on financial institutions, including investment funds, as of July 1st, 2017. These rules are an addition to the existing Foreign Account Tax Compliance Act (“FATCA”), which applies to Canadian (…)
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The Supreme Court puts a break on civil actions brought following an automobile accident
On March 24, the Supreme Court of Canada handed down an eagerly awaited decision, namely in Godbout v. Pagé.1 In this case, the victims of two different automobile accidents were suing third parties for events that occurred following their respective accidents. For the first victim, it was the (…)
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Artificial intelligence: contractual obligations beyond the buzzwords
Can computers learn and reason? If so, what are the limitations of the tasks that they can be given? These questions have been the subject of countless debate as far back as 1937, when Alan Turing published his work on computable numbers1. Many researchers have devoted themselves to developing (…)
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Canada-Europe Free Trade Agreement – Imminent provisional entry into force
Provisional entry into force 90% of the Agreement will be in force The date is still uncertain, possibly as soon as June 2017 The Agreement in 6 key points Access to the European Union market, which includes 28 States and 500 million consumers; Elimination of custom duties on 98% (…)
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Artificial Intelligence and the 2017 Canadian Budget: is your business ready?
The March 22, 2017 Budget of the Government of Canada, through its “Innovation and Skills Plan” (http://www.budget.gc.ca/2017/docs/plan/budget-2017-en.pdf) mentions that Canadian academic and research leadership in artificial intelligence will be translated into a more innovative economy and (…)
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Authorization of care and placement: the Québec Court of Appeal rules on alternative therapies, the duration of orders and provisional enforcement notwithstanding appeal
On February 17, 2017, the Québec Court of Appeal1 upheld a decision of the Superior Court of Québec granting an application for authorization of care presented by the Centre intégré de santé et de services sociaux du Bas-Saint-Laurent. In this case, the patient attempted to assert the following (…)
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Federal budget and capital gain: Time for tax planning
There is currently speculation in the media that Liberal Finance Minister Bill Morneau’s next federal budget will increase the capital gain inclusion rate from 50% to 75%.The combined marginal tax rate on capital gains is currently 26.7% for a resident of Québec. This rate would reach nearly 40% if (…)
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Passage of Bill 87: A step towards a more ethical governance of the public sector
Last December 9, the Lieutenant Governor assented to Bill 87 entitled An Act to facilitate the disclosure of wrongdoings relating to public bodies (the “Act”), whose purpose, as the name indicates, is to facilitate the disclosure of wrongdoing within public bodies, but also to establish a protection (…)
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The insured is responsible for the cost of bringing its building up to construction standards
On December 19, 2016, the Alberta Court of Appeal allowed the appeal1 of the insurer which had excluded from its policy coverage the rebuilding costs associated with bringing the insured building up to by-law standards. The Court of Appeal unanimously maintained the exclusion for damages resulting (…)
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Social media: when the court declares the evidence inadmissible
Social media sites, like Facebook, are inexhaustible sources of personal information which can constitute evidence in the context of employer-employee disputes. In matters related to evidence, the general rule is that any relevant evidence is admissible.1 Moreover, the courts have ruled that an (…)
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The latest news from the Canadian infrastructures market / Major trends in the infrastructures market for 2017
TABLE OF CONTENTS The latest news from the Canadian infrastructures market Defense Construction Canada issues Request for Expressions of Interest for an energy performance contract Boralex completes financing of the Yellow Falls hydro project in Ontario Boralex and AWEC announce a new (…)
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Disqualification of a law firm: the Superior Court broadens the spectre of conflicts of interest
In a decision rendered on December 1, 2016, the Superior Court of Québec had to rule on a situation which, until that time, was completely novel, and to determine whether lawyers can act in a court action against former employees of a client whom they still have to work with in connection with (…)
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Autonomous vehicles in Québec: unanswered questions
According to a recent study, 25% of new cars sold around the world will be self-driving by 20351. A group of researchers from Princeton University estimates that by 2035-2050 over half of American cars will be self-driving2. Smart cars are currently being sold in Québec and their advent is sure to (…)
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The judicial review of a decision rendered by the Court of Québec in civil matters: an unusual remedy, although possible in some circumstances
The superintending and reforming power of the Superior Court of Québec over the decisions of the Court of Québec is indisputable. It is furthermore confirmed by article 34 of the Code of Civil Procedure1, which grants to the Superior Court powers to judicially review decisions made by the Québec (…)
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First-aid course required by the ministère de la Famille: is the employer required to pay for the training time?
The Educational Childcare Regulation1 (the “Regulation”) requires every permit holder to ensure that each member of its childcare staff holds a certificate not older than 3 years which must have been obtained through the successful completion of an early childhood first-aid course of a minimum of 8 (…)
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Exemptions to infringement for research under Canadian law
Various jurisdictions provide exemptions to patent infringement based on research or non-commercial activities. Canada is no exception (pun intended) and provides both statutory and common law exemptions to patent infringement. Statutory Exemption The statutory exemption to infringement under (…)
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New regulations for the owners of non-French trade-marks
On November 24th, 2016, the Quebec government has adopted new regulations regarding the public display of non-French trade-marks in Quebec. The new regulations may be summarized as follows: trade-marks do not have to be translated into French but French language must be sufficiently present in all (…)
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Changes to the Taxation of Switch Funds
Effective January 1, 2017, new rules will govern the taxation of mutual fund corporations structured as “switch funds”. Investors switching between funds will no longer be able to do so without incurring taxable capital gains. This article summarizes the impact of such changes. Description of (…)
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October news on the Canadian infrastructure market
Creation of a Canadian infrastructure bank On October 20, 2016, the Advisory Council on Economic Growth published its report entitled “Unleashing Productivity Through Infrastructure”. One of the report’s recommendations is to create a Canadian Infrastructure Development Bank whose objective (…)
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Overview of the Canadian Public-Private Partnerships market
The Public-Private Partnership delivery model (“PPP” or “P3”) is now well established in Canada, where more than 177 of such projects were closed between 1993 and 2015 (source: InfraAmericas). The great majority thereof (166) have been closed since 2004, and the current trend indicates the number (…)
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Renewable energies: the trend is toward hybrid financing
For about two years now, most renewable energy projects, particularly wind farm projects, have been financed using a so-called “hybrid” model, i.e. a combination of medium-term bank debt and long-term financing or private placements. The term “hybrid” is derived from the vocabulary of the (…)
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Double Patenting Under Canadian Patent Law
Double patenting occurs when the same invention is claimed in more than one patent owned by the same entity. Double patenting is prohibited in most jurisdictions. However, there are unique aspects to double patenting under Canadian practice that may significantly influence patent prosecution (…)
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Authorizations of care and placement: the Québec Court of Appeal imposes parameters on requests for adjournment and reaffirms the admissibility of hearsay in expert evidence
On October 28, 2016, the Québec Court of Appeal1 affirmed a decision of the Superior Court of Québec granting an application for the authorization of care presented by the Centre intégré de santé et de services sociaux des Laurentides (the “CISSS”). Essentially, the patient submitted three grounds (…)
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The Supreme Court of Canada reinforces the protection of litigation privilege by elevating it to class privilege status
Ten years after Blank v. Canada (Minister of Justice),1 the leading case regarding litigation privilege, the Supreme Court of Canada has seized the opportunity to reaffirm and expand on the principles set out in that important decision. Indeed, in its most recent case, Lizotte v. Aviva Insurance (…)
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The Québec Court of Appeal considers the issue of the amount of insurance:1 liability of the broker and/or chartered appraiser
Facts Bar et spectacles Jules et Jim inc. (hereinafter the “Bar” or “Insured”) sought to renew the insurance coverage for its building, which was then insured for $424,000.2 On the recommendation of its broker, it obtained an appraisal which concluded that the reconstruction cost of the building (…)
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Leave to Appeal by the Defendant at the Authorization Stage of the Class Action: the Québec Court of Appeal Adopts a Restrictive Approach
On November 22, 2016, the Québec Court of Appeal issued an unprecedented judgment on the application of article 578 of the New Code of Civil Procedure (“NCCP”) in the following cases: DuProprio inc. v. La Fédération des chambres immobilières du Québec, Énergie éolienne Des Moulins S.E.C. v. (…)
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Drone operators, do you know the rules?
Drones, also known as “UAVs” (for Unmanned Aerial Vehicles) have become more popular in Quebec over the past few years. From the surveillance of quarries and gravel pits, industrial sites, pipelines, farmland, open air mines and construction sites to package delivery, the collecting of aerial (…)
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Public display of trade marks in a language other than French – Coming into force of the regulatory amendments
On May 4, 2016, a draft regulation amending the Regulation respecting the language of commerce and business was published in the Gazette officielle du Québec (see our bulletin on this subject). On November 3, 2016, the Quebec government announced that the amendments to the Regulation respecting the (…)
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Your Contracts: a Systematic and Disciplined Approach is Called for
Every day, and several times a day, we enter into contracts without knowing it or without considering and controlling their effects. This newsletter provides a brief and non-exhaustive summary to help you better understand, prepare for and monitor your contractual environment. Do you know that? (…)
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Put that perimeter in your pipe and smoke it: the imminent broadening of the prohibition on smoking within a nine-meter radius
On November 26, 2016, the new provisions of the Tobacco Control Act1 (the “Act”) will come into force. One of these provisions will considerably expand the scope of the rule which currently prohibits smoking within a nine-meter radius of any door leading to an enclosed place governed by the Act. (…)
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Pay Equity Audits: The Québec Court of Appeal Renders its Decision
On October 12, 2016, the Québec Court of Appeal rendered an important decision dealing with pay equity,1 confirming the decision rendered on January 22, 2014 by the Honourable Édouard Martin of the Superior Court invalidating sections 76.3 and 76.5 of the Pay Equity Act2 (hereinafter, the “Act”) (…)
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Impact of the decision in R. v. Jordan on public law
The procedural delays in criminal, penal, civil, administrative and disciplinary matters have drawn a lot of criticism and contributed to undermining public confidence in the administration of justice. This concern was at the heart of an important decision by the Supreme Court of Canada rendered (…)
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An obiter of the Québec Court of Appeal makes its way up to the Supreme Court of Canada
The facts The client, Station Lands Ltd. (“Station”) retained the general contractor Ledcor Construction Ltd. (“Ledcor”) to build the Epcor tower in Edmonton. As is customary, Station and Ledcor purchased a builders’ risk all-risk property insurance to cover property damage which may occur in the (…)
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End-of-life care (part 2 of 2)
In our newsletter No. 8, we discussed advance medical directives, which are restricted to three specific clinical situations and allow a person to consent to or refuse in advance five specific types of care in the event that the person in question becomes incapable of consenting to them. In (…)
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Pension plans and their investment rules: investing in alternative investment funds in full compliance
Numerous pension plans today are among the largest investors of capital in private equity, venture capital and hedge funds.1 In many cases, such pension plans hold assets valued in the tens or hundreds of millions of dollars (or even more) consisting of various categories and sub-categories of (…)
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Bilingual candidate sought: The Court of Appeal clarifies the scope of this requirement in employment-related matters
Last January 18, Lavery published a Need to Know entitled “Knowledge of English as a requirement for employment: A Tower of Babel”, which considered a controversy in the case law surrounding the requirement of English as a condition of employment by employers in Québec. At the time, the authors (…)
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Bell v. Cogeco: Unfair competition – the “best Internet experience” results in an unfavorable judicial experience
In the field of telecommunications, it is not uncommon to see competing Internet service providers engage in advertising war campaigns in order to attract new customers, particularly in this highly competitive market due to the small number of competitors. Competitors are prepared to do anything to (…)
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Use of “private” mutual fund trusts for employee’ investments through an RRSP
An increasing number of employers are looking at the possibility of creating investment vehicles to allow their employees to make investments in the employer corporation or a portfolio managed by the employer that will qualify for inclusion in, inter alia, registered retirement savings plans (RRSP), (…)
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Positive advice of the European Securities and Markets Authority to the extension of the European passport to the managers of alternative investment funds in Canada
Martine Samuelian and Virginia Barat, JEANTET On July 18, 2016, the European Securities and Markets Authority (ESMA) issued a favourable advice for a future extension of the European passport concerning Alternative Investment Fund Managers (AIFMs)1 in Canada. This advice, which is based on (…)
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Implementation of a deferred proceedings program for enterprises: why wait?
On October 3 2016, Table Justice-Québec, a roundtable organization grouping the main actors of the law and justice community in Quebec, made public its action plan and proposed 22 measures relating to the administration of justice in Quebec. One of the subjects discussed by the participants to this (…)
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Wellington type motions seeking to order a CGL insurer to take up the defence of its insured
Recent case law which confirms the criteria applicable to Wellington motions and specifies the guidelines for the duty of an insurer to defend its insured. Admissibility or not of a Wellington motion against exclusions pertaining to the insured’s “products” and “work”, depending on the nature of the (…)
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Employer surveillance of employees: criteria and application in the age of social media1
Several reasons may lead an employer to conduct surveillance on an employee, to have him followed without his knowledge and to observe his activities. Rumours that an employee absent from work for health reasons is engaged in activities that are incompatible with his alleged health condition, a (…)
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Nullity ab initio – misrepresentations during policy underwriting process
On August 18, 2016, the Honourable François Duprat, writing for the Superior Court of Québec, rendered judgment in the action brought by Jimmy Laporte (the “Plaintiff”) against his property insurer, Intact Insurance Company.1 The Court dismissed the Plaintiff’s action and declared the insurance (…)
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Roaming fees: a long and winding road
On August 10, 2016, the Québec Court of Appeal authorized a class action pertaining to international roaming fees, thus reiterating, with renewed respect for the opposing view, that meeting the authorization threshold and the criteria respecting the representative’s interest is fairly easy under (…)
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Bill 15 decisions: where do we stand?
The Act to Foster the Financial Health and Sustainability of Municipal Defined Benefit Pension Plans (“Bill 15”) was passed on December 5, 2014. The subject of much debate during the parliamentary sessions before its passing, much has been written about Bill 15 since it has come into force. It (…)
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Health-care institutions: What is your responsibility when your are faced with a harassing and disruptive visitor?
Last June 16, the Superior Court of Québec1 rendered a safeguard order in an injunction proceeding in favour of a health-care institution the purpose of which was to set conditions for the visits of the daughter of a user of the institution who was an incapable person lodged there, as well as her (…)
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Plant Protection in Canada
Although it is possible to patent certain plant-related innovations, another law exists in Canada drawn to plant protection, that is not as well-known as the Patent Act, but possesses characteristics conferring it significant advantages over the latter. The Plant Breeders’ Rights Act (PBRA) was (…)
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The importance of the independence of international organizations playing an active role in fighting transnational corruption
Corruption is a scourge which transcends frontiers. In response to this situation, Canada has chosen to pass the Corruption of Foreign Public Officials Act (hereinafter referred to as the “CFPOA”) in 1998, then reinforced the regime thereof more recently. The difficulty with this Act lies in the (…)
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Advance Medical Directives (Part 1 of 2)
Consent to End-of-Life Care Article 11 of the Civil Code of Québec1 states that no one can be made to undergo care without his consent. The Act respecting end-of-life care2 (“the Act”), passed by the National Assembly of Québec, came into force on December 15, 2015. Since that date, a person can (…)
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Licence security requirements to be hiked shortly
Effective September 18, 2016, anyone wishing to obtain a general contractor licence will be required to first provide security of at least $40,000. The amount will be $20,000 for specialized contractors. Effective January 21, 2017, the Regulation to amend the Regulation respecting the professional (…)
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Dismissal without cause under federal law: The Supreme Court of Canada closes the door
The case of Wilson v. Atomic Energy of Canada Limited1 came to a close on July 14, 2016, when the Supreme Court of Canada (the “Supreme Court”) reversed a controversial Federal Court of Appeal decision in which it had been held that a dismissal without cause was not necessarily an “unjust dismissal” (…)
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The Canadelle case and the importance of contesting certain CNESST decisions promptly
On June 17, 2016, the Superior Court1 affirmed the 2014 decision of the Commission des lésions professionnelles2 (“CLP”) in Canadelle, s.e.c. and Commission de la santé et de la sécurité du travail.3 This decision put an end to the jurisprudential controversy regarding the application of sections 31 (…)
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“Peer-to-peer” insurance: a grassroots revolution?
After the hospitality sector, transportation of passengers and corporate financing, insurance could be the next sector to see its business model influenced by the sharing economy. In the past few years, numerous start-up companies have launched businesses in “peer-to-peer” (“P2P”) insurance on (…)
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The lack of conclusive scientific evidence is not necessarily a fatal bar to proving causation in relation to an occupational disease, according to the Supreme Court of Canada
Last June 24th, the Supreme Court of Canada (the “Supreme Court”) rendered judgment in the case of British Columbia (Workers’ Compensation Appeal Tribunal) v. Fraser Health Authority1 (“Fraser”). Briefly, this case involved seven laboratory technicians from the same hospital who had breast cancer. (…)
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Bill 108 : highlights of the new rules on public contracting and the powers of the Autorité des marchés publics
Last June 8, Carlos J. Leitão, the Minister responsible for Government Administration and Ongoing Program Review and Chair of the Conseil du trésor, tabled Bill 108, An Act to facilitate oversight of public bodies’ contracts and to establish the Autorité des marchés publics. This Bill creates the (…)
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For rent… but mind the risks! Home Insurance in the age of the sharing economy
Many people could hardly imagine planning their vacations without considering online vacation rental community platforms. And those who have property available for use might find it just as difficult to resist the temptation to increase their revenues by advertising their room, apartment, house or (…)
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Options available to Canadian managers under the European AIF marketing rules
Martine Samuelian and Virginia Barat, JEANTET This article is supplementing the May 2016 issue of the Lavery Capital newsletter, number 9, which discusses the potential extension of the European passport regime (the “Passport”) – established under EU Directive no. 2011/61/EU (the “Directive”) – to (…)
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Authorization of treatment and placement: The Québec Court of Appeal clarifies the meaning of article 393 C.C.P.
On May 10, 2016, the Québec Court of Appeal1 confirmed a Superior Court decision allowing an application for authorization of treatment and placement to a patient. The application had been brought by the Douglas Mental Health University Institute, commonly known as the Douglas, or the Douglas (…)
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Sale of Ophthalmic Lenses Online: the Québec Court of Appeal Decides
In a unanimous decision rendered on May 16, 2016,1 the Québec Court of Appeal confirmed that the delivery of ophthalmic lenses purchased online from suppliers who are not members of the Ordre des optométristes (Order of Optometrists) (“Order”), or the Ordre des opticiens d’ordonnances (Order of (…)
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Honesty of financial advisors and discretion of the Autorité des marchés financiers: the Québec Court of Appeal rules
In a decision issued last May 20,1 the Québec Court of Appeal affirmed a judgment2 of the Superior Court of Québec rendered on October 28, 2013, which dismissed the action in damages for more than $7 million brought by a former representative in insurance of persons and in group savings plan (…)
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Contracts by public entities: stay tuned on June 1, 2016
The regulation governing contracts of public bodies leaps into the digital age. The amendments, passed on April 13, 2016, and coming into force June 1, 2016, aim to clarify the rules pertaining to the results evaluation.1 Five key changes Tenders in electronic form are mandatory if so (…)
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Follow-up to the recommendations in the report of the Charbonneau Commission
Last May 10, the Minister of Municipal Affairs and Land Occupancy, Martin Coiteux, announced the tabling of several amendments to Bill 83 dealing with various legislative provisions on municipal matters. These amendments pertain to the recommendations contained in the report of the Charbonneau (…)
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Impact of the possible extension of the European passport regime on Canadian fund managers
Martine Samuelian and Virginia Barat, JEANTET Since July 22, 2013, investment fund managers (“managers”) in Canada who wish to raise funds from investors located in member states of the European Union (the “EU”) have had to consider Directive 2011/61/EU1 (the “Directive”), dealing with managers of (…)
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Fraud, nullity and compulsory professional liability insurance: the Québec Court of Appeal rules in
On May 16, 2016, the Québec Court of Appeal adjudicated1 on whether a professional liability insurer can plead the nullity of a policy based on misrepresentations or concealment of facts by the insured. This decision is of interest because it addresses the novel issue of whether a liability insurer (…)
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The Court of Appeal: The liability of the life insurance broker is not limited to the framework of the contractual relationship
The facts of the Roy v. Lefebvre case On June 25, 2014, the Superior Court1 allowed the action of an insured against a life insurance broker and his firm. The context of the subscription of the insurance policy is somewhat unusual and deserves explanations. In 1992, the purchaser of an immovable (…)
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Public display of trade marks in a language other than French
In 20141, major retailers Best Buy Canada Ltd., Costco Wholesale Canada Ltd., Gap (Canada) Inc., Old Navy (Canada) Inc., Guess? Canada Corporation, Wal-Mart Canada Corp., Toys “R” Us Canada Ltd. and Curves International Inc. had filed a motion for declaratory judgment before the Superior Court for (…)
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$8 million awarded to a quadriplegic hockey player: the Court of Appeal confirms the Superior Court's decision
Last May 2, the Court of Appeal granted a motion to dismiss an appeal against a significant decision in the area of civil liability in the context of the practice of a sport.1 Decision at trial2 The facts in the case date back to October 3, 2010. A few seconds after the start of a hockey game (…)
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Trade-marks in Quebec and the Charter of the French Language: the end of a debate, and the start of another?
As previously announced in our newsletter on April 14, 2016, the Quebec government published draft regulations that would put an end to the debate regarding the public display of trade-marks in Quebec. The Quebec government has finally abandoned the idea of requiring a French descriptor when (…)
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Using a trust in the context of family law: are you really safe?
Although a trust is a valuable financial, tax and estate planning tool, does it allow one to “shelter” some assets from the public order rules which apply in the context of family law? What is a trust? A trust is a legal disposition which allows a person to transfer the ownership of one or more of (…)
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Update: Metatags at the Federal Court of Appeal
In December 2015, the Federal Court of Appeal rendered its judgment in the case of Red Label Vacations Inc. (redtag.ca) v. 411 Travel Buys Limited (411travelbuys.ca) 1. The Court dismissed all grounds of appeal and upheld the decision of the Federal Court. Background and Federal Court decision Red (…)
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Insurance contract terminology: the Court of Appeal clarifies the scope of the word ”building”
In insurance law, as well as in other areas of contract law, the precise definition and scope of the terminology used in a contract are very important since they have a direct effect on the obligations of the parties and, in the case under review, the scope of the insurance coverage. On February (…)
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Trade-marks in Quebec and the Charter of the French Language: the end of a debate?
According to information presently available, it appears that the Quebec government will forgo implementing legislative amendments that would have forced companies conducting business in Quebec to add a French descriptor to signs displaying their non-French trade-marks. Instead, after some (…)
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Significant amendments to the Act Respecting Duties on Transfers of Immovable following the 2016-2017 provincial budget
The use of a nominee corporation The Act Respecting Duties on Transfers of Immovables (the “Act”) imposes transfer duties (also known as the “welcome tax”) on the transfer of immovables in Quebec. Since transfer duties are only payable from the time the transfer is registered in the land register (…)
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The Ontario Court of Appeal rules on the coverage exclusion of faulty workmanship by a contractor
On December 23, 2015, the Ontario Court of Appeal1 set aside a decision of the motion judge2 which had granted a motion for summary judgment brought by the insurer to dismiss a claim by its insured. Facts The insured had entered into an agreement with a contractor to restore the exterior cladding (…)
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No indemnity for federal employees on preventive withdrawal
In December 2015, the Court of Appeal of Quebec in Éthier v. Compagnie de chemins de fer nationaux du Canada1 confirmed that section 36 of the Act Respecting Occupational Health and Safety (“AROHS”)2 does not apply to federal undertakings and that, accordingly, a worker who is pregnant or (…)
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The Quebec Government reaffirms its support for venture capital funds
On March 17, 2016, Finance Minister Carlos Leitão tabled the Quebec Government’s 2016-2017 budget in the National Assembly. The budget contains several measures intended to foster job creation and economic growth, with a special emphasis on innovation, environmentally friendly practices, and digital (…)
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Proposal towards standardized disclosures of fees and expenses information by private equity funds
Last January, the Institutional Limited Partners Association (the “ILPA”), a voluntary association promoting the interests of private equity limited partners, issued a “Fee Reporting Template” along with a guide (collectively, the “Template”) which forms part of the ILPA’s “Fee Transparency (…)
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The Québec Court of Appeal rules on the duty to defend and the exclusion of liability assumed by contract
Last April 4, in the case of Aldo Group Inc. v. Chubb Insurance Company of Canada,1 the Court of Appeal ruled on the insurer’s duty to defend its insured and on the interpretation to be given to a clause excluding insurance coverage for liability contractually assumed by the insured. The decision (…)
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Tobacco Control and E-cigarettes: New Challenges for Businesses
Bill 44 has been adopted in the context of a major expansion of electronic cigarette sales.1 Bringing with it significant legislative reforms, this Bill regulates the use of electronic cigarettes in much the same way as it does tobacco. It also amends the Tobacco Act,2 changing its name to the (…)
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Tax relief to stimulate commercialization of intellectual property made in Québec
Inspired by a worldwide trend to encourage the growth of innovation, Québec has recently announced a new tax relief measure for innovative companies. Thus, the Québec government is instituting an “innovative companies deduction” (ICD). The goal of this initiative is to “ensure that innovations (…)
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Judge blows whistle to put a stop to checks from behind: $8,000,000 awarded to a quadriplegic hockey player
On February 1, 2016, the Superior Court of Québec rendered a significant decision in the area of civil liability in the context of the practice of a sport1. The judgment was widely reported in the media due, on the one hand, to the importance of the amount granted by the judge (8 million dollars) (…)
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The Supreme Court of Canada will not review the duty of the insured to collaborate
On February 18 last, the Supreme Court of Canada1 denied leave to appeal in the matter of Intact Compagnie d’assurance c. 9221-2133 Québec inc.2, thus confirming the principles applicable to the duty of the insured to collaborate. The facts Following the theft of his vehicle, the insured filed a (…)
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Loss of the capital gain exemption related to the disposition of qualified small business corporation shares: beware of the options for acquiring shares
A recent decision of the Tax Court of Canada in the case of Line Durocher c. Sa Majesté La Reine1 illustrates the dangers of granting a simple option for acquiring shares in the specific context of the implementation of a shareholder agreement in respect of the Canadian-controlled private (…)
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IIROC White Paper — Proposed changes to the current structure for distributing mutual funds in Canada
On November 25, 2015, the Investment Industry Regulatory Organization of Canada (IIROC) published a White Paper for consultation. It is seeking comment on two proposals which, if approved and implemented, would change the current structure for distributing mutual funds in Canada. A “restricted (…)
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From “Safe Harbor” to “Privacy Shield”: laying the groundwork for a new agreement on transatlantic data transfer with the United States
The United States and the European Union recently concluded a new agreement aimed at allowing U.S. companies to continue to collect, use and disclose personal information concerning European citizens, while still preserving their fundamental rights. To properly understand the importance of this new (…)
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The warranty of fitness for purpose in consumer law – Court of Appeal judgment
This publication was co-authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. Lavery is closely monitoring developments in consumer class actions and, in order to keep the business sector informed on the subject, (…)
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Right to return to work: The jurisdiction of the arbitrator or of the CNESST and TAT?
On November 24, 2015, the Québec Court of Appeal rendered a much anticipated judgment in the case of Université McGill v. McGill University Non Academic Certified Association (MUNACA)1 (“McGill”). In this judgment, the Court dispelled the ambiguity that has existed for several years in the case law (…)
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Three important rulings rendered in 2015 by the Tribunal administratif du Québec regarding attending physicians
Over the past year, the Tribunal administratif du Québec (TAQ) has issued several rulings dealing with oversight of the medical practice of professionals working in health and social services institutions. Several of these rulings will be of interest to institutions since they set out principles (…)
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Beware If You Compare: Data Protection May Stop Approval Of A New Drug Submission
Sanofi-Aventis’s ELOXATIN® had been sold in Canada since 1999 under the Special Access Program (SAP) of Health Canada, which allows for sale of a drug in exceptional cases prior to receiving regular marketing approval, i.e. prior to the issuance of a Notice of Compliance (NOC). The active (…)
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Mandatory mediation at the Small Claims Division: Merchants, be prepared!
Lavery closely monitors new developments in consumer law and is committed to keeping the business community informed of the latest developments in this area of the law by regularly publishing newsletters dealing with new case law or legislative changes which may impact, influence, or even transform (…)
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Knowledge of English as a requirement for employment: A Tower of Babel
The purpose of this newsletter is to raise the awareness of employers regarding the problems related to making knowledge of English a requirement for employment. Section 46 of the Charter of the French Language (the “Charter”)1 provides that “[A]n employer is prohibited from making the obtaining of (…)
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Fatal work injury: Metron’s project manager sentenced to three and a half years in prison
On January 11, 2016, Vadim Kazenelson, a project manager for Metron Construction Corporation (“Metron”), was sentenced to three and a half years in prison.1 This sentence follows the decision rendered on June 26, 2015 in which the Superior Court of Ontario found Mr. Kazenelson guilty of the five (…)
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The TSX Venture Exchange reaches out to the VC community
The TSX Venture Exchange (the “TSX-V”) has released a white paper which describes how it intends to become an attractive public market for early-stage companies from fast-growing sectors such as technology, clean technology, renewable energy and life sciences (the “high-growth sectors”) and how it (…)
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Proposed changes to tax rules on stock options
The election of a majority Liberal government last October 19 signaled that there would be numerous changes to Canadian tax policy, particularly for individuals. One of these changes which has made waves in the business community is the reform of the tax regime applicable to stock options. Under (…)
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Farmers, drivers and debtors: The Supreme Court considers the conflicts between the Bankruptcy and Insolvency Act and several provincial statutes
On November 14, 2015, the Supreme Court of Canada rendered three decisions on the application of the the Bankruptcy and Insolvency Act, RSC 1985, c. B-3 (BIA) and its interaction with certain provincial statutes. OVERVIEW OF THE FACTS In Saskatchewan (Attorney General) v. Lemare Lake Logging Ltd. (…)
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Government agencies, get ready!
Last October 30, the provincial government announced the creation of 'Passeport Entreprises', an action plan focused on two main points: to facilitate access by businesses to government contracts and make the Quebec government's tendering processes more transparent and rigorous. The government (…)
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Crowdfunding: Enhanced capital raising opportunities for startups
Equity crowdfunding will soon have a new framework in which to operate in Canada and this is excellent news for investors and startups alike. On November 5, 2015, the Canadian Securities Administrators announced that regulatory authorities in Manitoba, Ontario, Quebec, New Brunswick and Nova Scotia (…)
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Regulation of Airbnb by the Provincial Government
The wave of online platforms offering lodging for rent, such as Airbnb1 which allow private individuals to rent all or part of their home as vacation accommodation, is attracting more and more fans throughout the world. Quebec is no exception to this trend. In Quebec, hotels and other operators (…)
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English trademarks on public signs – Expected changes
Last April 27, the Court of Appeal of Quebec dismissed the appeal, from the bench, by the Attorney General of Quebec concerning the use of English trademarks on public signs. The Attorney General was contesting the judgment rendered by the Honourable Michel Yergeau of the Superior Court who held (…)
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The Canada Public Sector Pension Investment Board launches a lawsuit against Saba Capital: Lessons for Fund managers when valuing illiquid securities
On September 25, 2015 the Public Sector Pension Investment Board (the “PSP Investment Board”) filed a lawsuit before the New York State Supreme Court against Saba Capital, the hedge fund managed by Boaz Weinstein (the former co-chief of the credit business at Deutsche Bank AG), for allegedly (…)
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Consumer law and class actions: Beware of unilateral amendments to contracts involving sequential performance
This publication was co-authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. Lavery closely monitors new developments in consumer law class actions and is committed to keeping the business community informed of the (…)
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On appeal from a judgment on a Wellington-type motion
The Court of Appeal of Quebec recently ruled on a leave to appeal from an interlocutory judgment dismissing a Wellington type motion seeking to order an insurer to take up the defence of its insured. The decision of the Court in Technologies CII inc. v. Société d’assurances générales Northbridge1 (…)
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New disclosure obligations for Quebec mining, oil and gas companies
Quebec mining, oil and gas companies are henceforth subject to the imposing disclosure regime under the Act respecting transparency measures in the mining, oil and gas industries (the “Act”), which came into force last October 21. This statute echoes the Extractive Sector Transparency Measures Act (…)
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The Helms-Burton Act and its implications for Canadian investors: where do we stand at the dawn of warmer relations between the U.S. and Cuba?
CANADIAN INVESTMENTS IN CUBA The Helms-Burton Act and its risks for Canadian investors in Cuba Recommandations for investors Prospects in the face of the thaw in U.S. and Cuba relations Following the announcement of the restoration of diplomatic relations between the United States and (…)
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Advance Tax Credit Financing
Corporations that are in need of liquidities can, simply put, not afford to wait until the end of the fiscal year to receive payment of refundable tax credits. For this reason, some lenders offer to advance funds to eligible taxpaying corporations (hereinafter “Taxpayers”) in the form of a loan, (…)
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Your investors : Who are they?
New requirements for private placements (“Regulation 45-106”) Obligation to know your investor well Issuer’s obligations: Ask questions Verify the investor’s declared income and assets Confirm the relationship between the investor and the issuer Obtain proof of the investor’s status Keep (…)
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Retail sales and consumer law: Make sure your prices are accurate
This publication was authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. Lavery closely monitors new developments in consumer law and is committed to keeping the business community informed of the latest (…)
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Nice Classification: A first step in Canada’s upcoming trademark reform
It is now possible to adopt the Nice classification for trademark applications in Canada. This new measure, which is currently voluntary but will become mandatory once the new provisions of the Trade-Marks Act come into force, allows a trademark owner to classify goods and services among the 45 (…)
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Exporting to the United States: C-TPAT Portal 2.0
A few weeks ago now, "CBP" ("U.S. Customs and Border Protection") launched the new "C-TPAT" ("Custom-Trade Partnership Against Terrorism") Portal 2.0. For Canadian exporters who are members of C-TPAT, this requires that they bring themselves up to date without further delay so that they are in (…)
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Undivided co-ownership – Beware of the repossession of the leased premises!
WWII deeply modified the Canadian economy1. The concentration of resources toward the war effort brought about, among other things, a shortage of rental premises2. Hence, the law governing leases was adapted3. and the existing liberal vision of free negotiation of contracts and consent made way for (…)
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Pension plans, the charter and disparity in treatment clauses the Court of Appeal issues its judgment in the Groupe Pages Jaunes case
The financial burden and the risks inherent in defined benefit supplemental pension plans sometimes weigh heavily on employers. In the last few years, many employers have taken measures and made changes in order to lower the costs related to these plans. Some employers have also decided to make (…)
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Business Transfer to Employees/Managers
Because of the demographic context, the rate of business transfers has been rising steadily in Quebec over the past few years. Whether unexpectedly or as part of a succession plan, certain key employees can show the potential and ambition to take over from the current owner. In this issue of Lavery (…)
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The Cape Town Convention and the Evolution of the International Registry: Adapting to the Transactional Context of Aircraft Financing and Leasing
After eight years of operation, the International Registry established pursuant to the Cape Town Convention and the Aircraft Protocol (in force in Quebec since April 1, 2013) has undergone a significant update. The Registry’s website has undergone a complete overhaul in two phases, the first of (…)
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The importance of good communication
with one’s insurer: a childcare center is suedPROVIDERS OF EDUCATIONAL CHILDCARE SERVICES, SUCH AS CHILDCARE CENTRES AND DAYCARE CENTRES, MUST HOLD VARIOUS TYPES OF INSURANCE COVERAGE, INCLUDING PROPERTY AND LIABILITY INSURANCE. ALTHOUGH SOME MAY THINK THAT THE SIMPLE FACT OF TAKING OUT SUCH INSURANCE COVERAGE IS ENOUGH TO PROTECT THEM, YOU (…)
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A physician’s refusal to undergo refresher training is sufficient grounds for a health institution to deny the renewal of status and privileges
On August 18, 2015, the Tribunal administratif du Québec (TAQ) confirmed the decision of a health institution to not renew the status and privileges of one of its physicians after he refused to undergo refresher training to acquire skills that were necessary to perform his new duties.1 The (…)
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Intellectual property due diligence in an investment context
A due diligence analysis of intellectual property rights is an important step when acquiring or making a significant investment in a business. It is particularly important in the case of a technology business, where IP rights are assets that account for almost all the value in a business. A due (…)
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Major changes enable registered charitable organizations to invest in limited partnership units
The federal budget presented on April 21, 2015 (the “Budget”) contains important measures enabling registered charitable organizations and private and public foundations (hereinafter collectively referred to as “Registered Organizations”) to invest their funds in units of a limited partnership. (…)
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New Developments in Consumer Law
This publication was authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. Lavery closely monitors the development of class actions dealing with consumer law and is committed to keeping the business community (…)
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Federal Court of Canada examines metatags under copyright and trademark law
In the decision Red Label Vacations Inc. (redtag.ca) v. 411 Travel Buys Limited (411 travelbuys.ca) 1, the Federal Court examined whether metatags attract copyright protection and whether use of a competitor’s trademark or trade name in metatags constitutes a violation of trademark rights in Canada. (…)
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The interim receiver: A “Trustee in Bankruptcy” dispensed from obtaining a clearance certificate
In a judgment rendered in the case of 9210-6905 Québec Inc. (proposal of),1 the Superior Court of Québec held that an interim receiver is not required to obtain a clearance certificate from the tax authorities before proceeding with the distribution of a debtor's property, and is not subject to (…)
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Real estate developer granted injunction in dispute over flooding caused by new highway interchange
In June 2015, the Superior Court of Québec sided with a real estate developer who applied for an order requiring the Quebec Ministry of Transport (MOT) to fix a highway interchange whose construction in 2007 caused the developer’s land to be flooded 1. This article summarizes the court’s principal (…)
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The Supreme Court rules on a broker’s right to a commission when no sale is concluded
Standard real estate brokerage contracts generally stipulate the obligation for the seller to pay a commission to the broker in the event that an agreement for the sale of the property occurs during the term of the brokerage contract or where the seller voluntarily prevents the free performance of (…)
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Use of Social Media by Employees
In this age of social networks, the dividing line between private life and public life seems more and more blurred. The same is true of the boundary between individuals' personal and professional lives. Indeed, headlines in the past few weeks remind us that the personal and professional aspects of (…)
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Bill 42 and the reorganization of the Quebec labour-related institutions
Last June 12, Bill 42, entitled « An Act to group the Commission de l’équité salariale, the Commission des normes du travail and the Commission de la santé et de la sécurité du travail and to establish the Administrative Labour Tribunal1 » (the « Loi Act to group the CÉS, the CNT and the CSST and (…)
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An important decision of the Court of Appeal of Quebec changes the way the employer’s duty to accommodate applies to employment injuries
On June 15th, the Court of Appeal of Quebec, in Commission de la santé et de la sécurité du travail v. Caron,1 issued an important judgment that changes the law governing an employers’ duty to accommodate employment injuries. The Court in Caron held that it needed to intervene to harmonize the Act (…)
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Education: Obligations of physicians practising in a university hospital centre
In a decision rendered on April 30, 20151, the Administrative Tribunal of Québec (the "ATQ") upheld a decision of the board of directors of a university hospital centre that refused to renew the status and privileges of a physician who failed to fulfill the obligations associated with the enjoyment (…)
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Directors’ Liability
CONTENTS Directors’ liability for payroll withholding taxes Due diligence: An evolving standard To what risks of liability or being found guilty are directors exposed? Environmental liability of directors and officers Directors’ liability for payroll withholding taxes Luc Pariseau and Audrey (…)
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Contracting authorization from the AMF: reduction in threshold for service contracts
Last June 10, the Autorité des marchés financiers (AMF) announced that the floor amount for obtaining a public contract dealing with services without its prior authorization would be reduced to $1 million.1 Thus, all contracts and subcontracts for services concluded following a call for tenders (…)
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Bitter Bidder Better Stand?
Bloom Lake, G.P.L. (Arrangement of), 2015 QCCS 1920In May 2010, Justice Gascon of the Superior Court of Québec issued an important decision in AbitibiBowater Inc. (Arrangement relatif à)1. The context was that of a motion for authorization of the sale of assets owned by AbitibiBowater, following the latter’s restructuring under the Companies’ (…)
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In force since June 1, 2015: The Extractive Sector Transparency Meadures Act (Canada)
In keeping with trends in other jurisdictions, Canada has brought into force federal rules requiring businesses in the extractive sector to publish annual reports on payments of $100,000 or more made to governments in Canada and abroad. Payments to Aboriginal governments will be covered by these (…)
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Historic Quebec lawsuit against tobacco companies: The Superior Court awards more than $15 billion in damages
In a decisive victory for the Plaintiffs in class actions against the three Canadian leading tobacco companies1, the Québec Superior Court ordered the Defendants to pay more than 15 billion dollars in moral damages2 and punitive damages. There were more than 253 hearing days3 and 16 years of (…)
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Securing debts in Quebec: Important changes to consider
On April 20, 2015, the National Assembly adopted An Act mainly to implement certain provisions of the Budget Speech of 4 June 2014 and return to a balanced budget in 2015-2016 (S.Q. 2015, c. 8). Some of the many amendments introduced by that statute (the “Act”) pertain to the securing of debts in (…)
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The corporate director: Questions and answers
This 52-page bulletin answers in a practical and simple manner respecting the legal framweork forty-three (43) questions administrators ask or should ask themselves. It is a very useful tool to promote good governance generating value. Click here to view the complete publication
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Equity crowdfunding - The Autorité des marchés financiers adopts a new prospectus exemption for startups
The Lavery GO inc. Program team is happy to inform you that the Autorité des marchés financiers(AMF) announced yesterday the implementation of an equity crowdfunding exemption which allows startups to raise up to $500,000 in capital per year. Under this exemption, startups whose head office is (…)
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A Heads-up on Asbestos!
To allow for adequate planning, the Quebec government phased in the coming into force of certain regulatory amendments on building safety that were adopted in the past few years. These new standards were previously discussed in bulletin Nos. 6 and 9, issued in April 2013 and June 2014 respectively, (…)
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Reminder to employers : The deadline for complying with certain regulatory provisions for safe asbestos management expires June 6, 2015
In Quebec, it is possible to find materials and products containing asbestos in civil engineering works, construction materials, facilities and equipment in all types of buildings, whether industrial, commercial, public or residential. According to various sources, the need to adopt new standards on (…)
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Confinement orders: Psychiatric examination reports not automatically excluded when a patient’s fundamental rights and freedoms are violated
In a judgment handed down on January 30, 2015, the Court of Québec held that the failure to respect the prescribed time limits or the violation of a patient’s fundamental rights and freedoms does not lead to the automatic exclusion of a psychiatric examination report concluding that the patient (…)
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Canadian Securities Administrators announce amendments to venture issuer requirements
The Canadian Securities Administrators (“CSA”) have announced that, on several fronts, they are implementing amendments to the disclosure requirements for venture issuers, including those listed on the TSX Venture Exchange. These amendments primarily address continuous disclosure and governance (…)
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Site contamination: Claims for latent defects - Notice and prescription
On what grounds may a landowner who discovers soil contamination caused by an old heating oil tank sue the former owner of the property? In this bulletin we examine whether the warranty against latent defects found at Article 1726 of the Civil Code of Québec can be invoked to have the sale annulled (…)
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Franchisors’ duty to act in good faith and related implicit obligations: Dunkin’ Donuts ordered to pay nearly $18M to some of its franchisees
The Court of Appeal of Quebec has issued an important judgment pertaining to a franchisor’s implicit obligations towards its franchisees. In June 2012, the Superior Court of Quebec ordered Dunkin’ Donuts Brands Canada Ltd. (“Dunkin’ Donuts”) to pay an amount of $16.4M (plus interests and costs) to (…)
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FATCA for investment funds – Be ready for May 1, 2015!
The Foreign Account Tax Compliance Act, or FATCA, has been an integral part of Canada’s tax system for over a year. Originally legislated under U.S. law, FATCA allowed the Internal Revenue Service (“IRS”) to obtain information from financial institutions about the financial accounts of U.S. citizens (…)
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Proposal for new TSX listing requirements for ETFs, closed-end funds and structured products: codification of existing practices
On January 15, the Toronto Stock Exchange (the “Exchange”) published proposed amendments to the Toronto Stock Exchange Company Manual (the “Manual”). More specifically, a completely new section will be added to the Manual (Part XI) for determining the minimum listing requirements to be met by (…)
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Recent developments on patent-eligibility of medical use claims in Canada
Last December, the Federal Court of Canada overturned a decision of the Commissioner of Patents to refuse a patent claiming a fixed dosage regimen for the drug Humira® (Adalimunab) used in rheumatoid arthritis. The Court’s decision 1 is found here: 2014 FC 1251. This Court decision was an appeal of (…)
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Canada’s Anti-spam Legislation : Phase 2 comes into force and first monetary penalty imposed
Whereas Canadian businesses have barely recovered from the first phase of Canada’s anti-spam legislation (CASL), which aims primarily to regulate the sending of unsolicited commercial electronic messages, a new series of requirements applicable to the unauthorized installation of computer programs (…)
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Verifying impediments
Children are precious, and their health, safety and well-being are at the very heart of childcare providers’ responsibilities. Several actors work with or alongside children on a daily or occasional basis in order to provide them care and education. In selecting people who work with children, (…)
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Civil law interpretation : Does coverage under a builder’s risk insurance policy extend to an existing structure?
On February 19, 2015, the Court of Appeal of Quebec1 overturned a judgment rendered by the Superior Court2, on July 12, 2013, which granted the defendants’ motion to dismiss. Essentially, the Court had to determine whether coverage under a builder’s risk insurance policy extends to damage caused by (…)
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Constructive dismissal revisited by the Supreme Court of Canada
Following the key judgments in Farber1 and Cabiakman2, the Potter3 judgment rendered on March 6, 2015 by the Supreme Court of Canada (the “Court”) emerges as another indispensable judgment in employment law. In this judgment, the Court decided that the administrative suspension with pay of an (…)
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Legal newsletter for business entrepreneurs and executives, Number 24
SUMMARY The sale of a business Getting ready to sell your business : Environmental issues The sale of a business Valérie Boucher and Catherine Méthot During its existence, a business can be subject to one or more sales, both through the sale of its shares or its assets. Although each (…)
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The Charter of the French Language reviewed by the Court of Québec
The Court of Québec has recently examined the application of the Charter of the French Language (the “Charter”) in the case of Boulangerie Maxie’s 1. This decision provides clarification as to what constitutes a “markedly predominant” use of the French language in advertising and public signs. The (…)
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Dismissal without cause makes its way to the Canada Labour Code: The Federal Court of Appeal decides
On January 22, 2015, the Federal Court of Appeal rendered an extremely important decision,1 unanimously holding that dismissal on a without cause basis does not necessarily constitute “unjust dismissal” under the Canada Labour Code (the “Code”).2 With its decision in Wilson v. Atomic Energy of (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 26
SOMMAIRE US Parent corporations sending employees into Canada to subsidiaries – General tax issues and remedy Business trips to Canada: Business visitor status or work permit? US Parent corporations sending employees into Canada to subsidiaries – General tax issues and remedy Emmanuel Sala, (…)
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Federal government announces new measures to encourage mining exploration in Canada
On March 1st, 2015, the federal Minister of Finance, Joe Oliver, and the federal Minister of Natural Resources, Greg Rickford, announced important new measures to support Canada’s mining industry in a speech at the Prospectors and Developers Association of Canada (PDAC) 2015 Convention. The (…)
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Time limit for handling complaints from health care consumers: the Supreme Court of Canada refuses to intervene
On February 26, 2015, the Supreme Court of Canada dismissed Dr. Gilbert Liu's application for leave to appeal a Court of Appeal decision concerning the time limit for handling complaints from users of health institutions. In a unanimous decision rendered September 4, 2014, the Court of Appeal (…)
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The dismissal of an emergency room employee for breach of confidentiality is confirmed
In a decision rendered on December 30, 20141, arbitrator Nathalie Faucher concluded that the dismissal imposed by a hospital centre on an employee for breach of confidentiality was well-founded. The employee, an administrative agent at the emergency room of the hospital centre, was dismissed for (…)
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A corporation receives a hefty fine and two of its officers face jail time for violations of the Ontario occupational health and safety regulations
On January 13, 2015, New Mex Canada Inc. ("New Mex"), an Ontario corporation and employer in that same province, was sentenced to pay a fine of $250,000 while two of its officers each received 25-day prison terms after pleading guilty to several offences under the Ontario occupational health and (…)
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Hiring in the New Year? What to do when a new recruit overpromises and underdelivers?
A recent decision1 by the Commission des relations du travail (“CRT”) highlights the plight of an employer faced with an employee who oversold his abilities during the job interview and later proves incapable of delivering on his promises. In this case, Laurentian Bank Securities inc. (“Laurentian”) (…)
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The Supreme Court of Canada further clarifies the rights of workers
On January 30, 2015, in the Saskatchewan Federation of Labour v. Saskatchewan (2015 SCC 4) decision, the Supreme Court of Canada further clarified the scope of the rights of workers pursuant to section 2(d) of the Canadian Charter of Rights and Freedoms (the “Charter”). Indeed, in its 2007 decision (…)
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Canada strengthens the protection of copyright and trademark rights with the enactment of new border enforcement measures
Since January 1st 2015, the sections of the Act to amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts (“the Act”) with respect to the new border enforcement measures have come into force in Canada. The purpose of the Act is to help Canadian copyright (…)
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Vapour intrusion
In the United States, new rules will soon be taking effect making consideration of vapour intrusion risk a mandatory step in the Phase I environmental site assessment (ESA) process. Companies should review their real estate portfolios and consider whether properties may be at risk. In Canada, (…)
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Ditomene c. Boulanger, the next round: the Court of Appeal holds that procedural fairness rules need not be followed in the context of an employer’s investigation into alleged harassment
In a unanimous decision dated November 17, 2014,1 the Court of Appeal of Québec held that the procedural fairness rules applicable in administrative and public law do not apply in the context of a psychological harassment investigation conducted by an employer. As a result, the Court set aside the (…)
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An employer can file a counter claim against an employee in the context of proceedings instituted by the Commission des normes du travail in order to enforce the right of set-off
In Commission des normes du travail v. Compagnie d'assurances Standard Life du Canada,1 (the “Standard Life of Canada case”), the Court of Québec allowed an employer to file a counterclaim against an employee in the context of proceedings instituted by the Commission des normes du travail (“CNT”) on (…)
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Private equity fund economics in Canada: An overview of the essentials
Private equity fund economics play an important role in attracting investors to a given fund. Indeed, investors want to know how expenses will be shared, what fees are applicable and how profits will be allocated. The summary below provides a brief overview of the most common fund arrangements with (…)
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Rules on mark-to-market properties — A pitfall to avoid
The Income Tax Act (Canada) contains specific rules which apply to certain properties held by financial institutions known as the mark-to-market properties rules (hereinafter “MTMP”). These complex rules are often poorly understood and can result in unexpected tax consequences in various situations (…)
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Legal newsletter for business entrepreneurs and executives, Number 23
SUMMARY MUNICIPAL TAXES: IS IT POSSIBLE TO REDUCE THE BILL? PATENTS ON INFORMATION TECHNOLOGY: NEW BENCHMARKS MUNICIPAL TAXES: IS IT POSSIBLE TO REDUCE THE BILL? Audrey-Julie Dallaire The tax pressure stemming from municipal taxes certainly constitutes an irritant for businesses. It was (…)
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Changes to the Code of Civil procedure (Quebec) - Small claims: From $7,000 to $15,000
On January 1, 2015, the jurisdictional threshold of the Small Claims Court will be raised from $7,000 to $15,000. This constitutes a first step toward the modernization of civil procedure, explained the Minister of Justice, which will be followed by the coming into force of the new Code of Civil (…)
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Omnibus Bill C-43 – PLT and the Hague Agreement
Bill C-43 was introduced in the House of Commons of Canada on October 23rd, 2014. This omnibus budget bill, also referred to as the Economic Action Plan 2014 Act, No. 2, enacts and amends more than twenty (20) different statutes, including the Patent Act and the Industrial Design Act. Regarding (…)
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Builder’s risk insurance: Insurable interest and subrogation rights
I. Intact, compagnie d’assurances v. Théberge & Belley (1985) inc. and l’Union canadienne compagnie d’assurance and EBC inc.1 In this case, the Court of Appeal held that an insurer who indemnified its insured pursuant to “contractors’ equipment” coverage cannot exercise its subrogation rights (…)
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The cooperative capital markets regulatory system: Publication oF the legislative Drafts – a new stage is reached
On September 8, the Canadian Department of Finance announced the signature of a memorandum of agreement (the "Agreement") between the provinces of British Columbia, Ontario, Saskatchewan and New Brunswick, and the federal government (the "Participating Jurisdictions") formalizing the terms and (…)
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The Superior Court clarifies the concept of Novation
The Superior Court considered two interesting issues in the case of Banque Laurentienne du Canada v. Yuan.1 First, it had to determine whether a term loan that was used to payout an existing term loan had resulted in the novation of the first debt. Second, it had to determine what the effect the (…)
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Dispositions ordering treatment for patients found unfit to stand trial: health institutions must provide prior consent to all components of the order, including the date of admission
On October 3, 2014, the Supreme Court of Canada, by a majority decision of 5 to 4,1 confirmed that a disposition ordering the treatment of an accused who is found unfit to stand trial requires the prior consent of the designated hospital to all the terms of the disposition order, inclusive of the (…)
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Future changes to Canada’s Trade-Marks Act
Significant modifications to the Canadian trade-mark system are expected in the near future. According to the Canadian Intellectual Property Office (“CIPO”), the amendments should come into force at the end of 2015 or early 2016. Said changes arise from the negotiation of a free trade agreement (…)
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Class Actions : The Conversion Rate Tale Reaches it's Final Chapter
This publication was authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. On September 19, 2014, the Supreme Court of Canada issued its ruling in the so called “banks’ cases”1, in the context of which consumers (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 25
CONTENTSInter Vivos discretionary trusts are still relevantA matter of trusts : review of the most frequent pitfallsINTER VIVOS DISCRETIONARY TRUSTS ARE STILL RELEVANTEmmanuel Sala and Luc Pariseau Although the 2014 federal Budget Plan restricted some family tax planning measures involving inter (…)
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Legal newsletter for business entrepreneurs and executives, Number 22
SOMMAIRE GST/QST Election: Get Ready for 2015 “Laying Yourself Bare” to Get the Best Insurance Coverage! Clear Communication Between the Client and the Insurance Broker: The Key to Success GST/QST Election: Get Ready for 2015Carolyne Corbeil and Emmanuel Sala Generally, certain (…)
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Processing Users Complaints in Health Institutions : the Court of Appeal Confirms that the 45-Day Time Limit Is Not Mandatory
In an unanimous decision dated September 4, 20141 , the Court of Appeal confirmed that the 45-day time limit under the Act Respecting Health Services and Social Services2 (ARHSSS) to allow the medical examiner and the local service quality and complaints commissioner to process a user complaint is (…)
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Hiding environmental reports: a risky business!
A recent decision of the Ontario Court of Appeal clearly illustrates the kinds of problems caused by site contamination at a shopping centre. The case should be of interest to anyone who works on commercial transactions. If there is something to be learned from this story, it is that you need to (…)
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Notice to employers under federal jurisdiction: amendments to the Canada Labour Code will take effect on October 31, 2014
On December 12, 2013, A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures1 (“Bill C-4”) received royal assent. Bill C-4, which consists of more than 300 pages, proposes a significant number of legal amendments, some of which relate to (…)
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A pregnant worker’s right to benefits in the event of preventive withdrawal pursuant to section 36 of the AROHS does not apply to a business under federal jurisdiction: Éthier v. Commission des lésions professionnelles
This decision of the Superior Court of Québec addresses a pregnant worker’s right to preventive withdrawal where said worker is employed by a business under federal jurisdiction.1 In this case, questions of constitutional jurisdiction were raised and the Superior Court confirmed that article 36 of (…)
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The Asphalte Desjardins matter: the Supreme Court of Canada overturns the decision of the Québec Court of Appeal
On July 25, 2014, the Supreme Court of Canada rendered its decision inQuébec (Commission des normes du travail) v. Asphalte Desjardins inc.1 In this ruling, which overturned a judgment by the Québec Court of Appeal,2 the Supreme Court concluded that an employer who receives notice of termination (…)
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Right to refuse to work and preventive withdrawal: the Dionne v. Commission scolaire des Patriotes case
In Québec, the objective of the Act Respecting Occupational Health and Safety1 (the “Act”) is the elimination, at the source, of dangers to the health, safety and physical well-being of workers. Recently, the Supreme Court of Canada rendered a decision in the Dionne v. Commission scolaire des (…)
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Supreme Court of Canada Ruling in Tsilhqot’in: Aboriginal Title and the Common Law
On June 26, 2014, the Supreme Court of Canada rendered a decision confirming aboriginal title to approximately five percent of the Tsilhqot’in First Nation’s traditional territory in British Columbia. This decision is very significant because it marks the first time a ruling defines aboriginal title (…)
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The Wal-Mart Decision: The Supreme Court of Canada confirms that the collective dismissal of the employees of the Jonquière establishment constituted an illegal change in their conditions of employment under section 59 of the Labour Code[1]
THE FACTSWal-Mart Canada Corporation (hereinafter “Wal-Mart”) opened its Jonquière establishment in 2001. After the United Food and Commercial Workers, local 503 (hereinafter the “Union”), was certified to represent the employees in 2004, negotiations were initiated in view of concluding a first (…)
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Serious breaches of the duty of loyalty by a human resources employee – Dismissal upheld by the C.R.T.
The Commission des relations du travail, both in its initial decision and on review, dismissed the complaints challenging the dismissal of an employee despite the absence of prior disciplinary measures. The complainant, who was hired in April 2011, held a position as an administration technician for (…)
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Budget 2014-2015 : The Quebec Government reduces the mining exploration tax incentives
As part of the June 4, 2014 Budget Speech, the Quebec Government announced an immediate 20% reduction in the rates of some business tax credits. The mining exploration tax incentives in Quebec did not escape this reduction.Flow-through share regimeThe flow-through share regime currently allows (…)
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Self-evaluation process of financial institutions regarding the Sound Commercial Practices Guideline: What is the objective and what will be the impacts?
The Sound Commercial Practices Guideline (the “Guideline”) published by the Autorité des marchés financiers (the “AMF”) in June 2013 and intended for insurers of persons or damages, holding companies controlled by an insurer, trust and savings companies or financial services (…)
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New Anti-Spam Law: Better Act Quickly
In December 2010, the federal Parliament passed the Act to Promote the Efficiency and Adaptability of the Canadian Economy by Regulating Certain Activities1 that Discourage Reliance on Electronic Means of Carrying out Commercial Activities, better known as the “Canada’s Anti Spam Legislation” (CASL (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 24
CONTENTSNominees in the context of litigationUse of a nominee by limited partnerships and trusts for holding immovablesVoluntary registration for GST and QST purposes by a nomineeImmovables held by a nominee: Issues with respect to consumption taxesNOMINEES IN THE CONTEXT OF LITIGATIONLéa Maalouf (…)
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Legal newsletter for business entrepreneurs and executives, Number 21
CONTENT Overview of the Proposed Rules Respecting Equity Crowdfunding Trademarks in the English Language on Pubilc Signs and PostersOVERVIEW OF THE PROPOSED RULES RESPECTING EQUITY CROWDFUNDINGJosianne BeaudryIn 2013, the Autorité des marchés financiers (AMF) launched a consultation on equity (…)
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Establishment of a new $375 million venture capital fund and recapitalization of the Anges Québec Capital fund
The Budget Plan unveiled by the Quebec Government as part of the Budget Speech of last June 4 includes many initiatives to increase venture capital financing. The 2014 2015 Budget presented by the Minister of Finance, Carlos Leitão, provides for several measures to make $560 million available to (…)
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What precautions should a proposed director take prior to accepting to act as a corporate director? / What are the duties of a member of a board of directors?
This Need to Know Express is part of a series of newsletters which each answers one or several questions in a practical and concrete way. These bulletins have been or will be published over the next few weeks. In addition, a consolidated version of all the Need to Know Express newsletters published (…)
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Cooling Towers and Asbestos: New Obligations for Owners, Tenants, Managers and Employers
Over the last year and half, the legislator has addressed the building safety issues in order to ensure the safety of the occupants and visitors of these buildings, as well as the persons who may be exposed to hazards because of equipment attached to such buildings.On March 18, 2013, the Regulation (…)
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Is a director required to be a shareholder or member of the legal person? / Who is eligible to become a director?
This Need to Know Express is part of a series of newsletters which each answers one or several questions in a practical and concrete way. These bulletins have been or will be published over the next few weeks. In addition, a consolidated version of all the Need to Know Express newsletters published (…)
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Employees and the Cost of Justice: The Court of Appeal of Québec concludes that a complaint pursuant to section 124 of the Act Respecting Labour Standards (the Act) is admissible despite the existence of an internal arbitration procedure
THE FACTSThe complainant, a non-unionized employee, was hired by McGill University (hereinafter the “University”) in 1987 to be a member of the administrative staff. After working as an administrative assistant since 1994, she was dismissed by the University on June 30, 2009 for fraud. The (…)
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January 1, 2015: no more filling chillers with CFCs
INTRODUCTIONQuebec regulations create numerous obligations in connection with equipment that poses a risk to the environment. Replacing PCB-containing transformers, for example, or having high-risk oil and gas equipment inspected. Regulatees may be required to file reports, maintain registers or (…)
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Heavy burden for employers respecting mitigation of damages for lost salary: following dismissal, an employee who makes no effort to mitigate his damages may still be entitled to an indemnity
The Court of Appeal recently reviewed the scope of the duty of employees to mitigate their damages for lost salary pursuant to section 128(2) of the Act respecting labour standards (ARLS).1In this case, the Court of Appeal allowed in part the appeal of an employee following a decision of the (…)
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Labelling of your products in Canada, and particularly Quebec: don't forget to translate!
Our clients from outside the province of Quebec often ask us the following questions: what are the linguistic labelling requirements in Canada, and particularly Quebec? There are several statutes and regulations governing labelling in Quebec and Canada. The following is a summary of some of the (…)
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Proposed General Anti-treaty Shopping Rule : Private Investment Funds Will Need to Play it Safe
LAVERY: A LEADER IN MONTREAL IN THE PRIVATE EQUITY, VENTURE CAPITAL AND INVESTMENT MANAGEMENT INDUSTRY Creating and setting up private equity and venture capital funds are complex initiatives requiring specialized legal resources. There are very few law firms offering such services in Quebec. Lavery (…)
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Registration Requirements of Venture Capital and Private Equity Fund Managers in Canada: A Favourable Regulatory Framework
LAVERY: A LEADER IN MONTREAL IN THE PRIVATE EQUITY, VENTURE CAPITAL AND INVESTMENT MANAGEMENT INDUSTRY Creating and setting up private equity and venture capital funds are complex initiatives requiring specialized legal resources. There are very few law firms offering such services in Quebec. Lavery (…)
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Bill 1 : New Requirements for Public Calls for Tenders
LAVERY: A LEADER IN MONTREAL IN THE PRIVATE EQUITY, VENTURE CAPITAL AND INVESTMENT MANAGEMENT INDUSTRY Creating and setting up private equity and venture capital funds are complex initiatives requiring specialized legal resources. There are very few law firms offering such services in Quebec. Lavery (…)
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Does the federal pension deemed trust outrank a perfected security interest in the context of CCAA proceedings? The Superior Court of Québec weighs in
In the last few years, pension deemed trust issues have been a subject of debate before the courts. The Supreme Court of Canada itself addressed some of these issues in the Indalex case.1 On November 20, 2013, the Honourable Justice Mark Schrager of the Superior Court of Québec rendered an important (…)
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Overlapping Insurance Policies: The Court of Appeal of Ontario toes the line!
On January 16 last, the Supreme Court of Canada refused to grant leave to appeal by Lombard following a judgment rendered on June 20, 2013 by the Ontario Court of Appeal.1This decision deals with the issue of overlapping excess and umbrella policies.THE FACTSIn January 1995, an apartment building (…)
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Trademarks in the English language on public signs and posters
On April 9 last, the Superior Court of Québec issued its judgement1 on a motion for a declaratory judgment pertaining to trademarks in the English language on public signs and posters. The applicants, Magasin Best Buy Ltée, Costco Wholesale Canada Ltd, Gap (Canada) Inc., Old Navy (Canada) Inc., (…)
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Quebec Government Tables Bill to Implement its Pension Plan Action Plan
In our January 2014 bulletin, we provided an overview of the Quebec government’s action plan aimed at [Translation] “correcting and restoring the situation of pension plans”. Also in that bulletin, we noted that in February 2014, the government was planning to introduce the first (…)
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The Superior Court of Québec Authorizes the Continuation of Care on a Comatose Patient despite the Refusal of her Parents
On April 1, 2014, the Superior Court issued an interesting decision respecting consent to care1. The Quebec City CHU petitioned the Superior Court in order to be authorized to provide care for a 60-day period to a patient despite the refusal of her parents.On March 14, the 22 years old patient (…)
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The Theratechnologies Case
On February 20, 2014, the Supreme Court of Canada allowed the motion for leave to appeal the judgment of the Court of Appeal of Québec rendered in the case of Theratechnologies inc. v. 121851 Canada Inc.1. In this unanimous judgment, the Court of Appeal decided that a judgment authorizing a class (…)
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An Uncertain Outlook - Quebec’s mining taxation regime continues to perplex and deter investors in the province
Once hailed as one of the most attractive jurisdictions for mining investment in the world, Quebec has suffered from changes to its taxation regime in recent years that have contributed to the province losing its investor appeal and dropping 11 places in the oft-watched Fraser Institute survey since (…)
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Fieldturf Tarkett inc. v. Gilman(1): The Court of Appeal upholds the payment of « phantom share » bonuses where employment has been terminated without a serious reason
THE FACTSOn January 22, 2014, the Court of Appeal of Québec confirmed the 2012 decision of the Superior Court of Québec in Gilman v. Fieldturf Tarkett inc.2 At issue in this case was whether the payment of so-called “phantom share” bonuses were to be paid to employees whose employment (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 23
CONTENTS The 2014 Federal Budget Plan sounds the death knell for two family tax planning measures much appreciated by entrepreneurs and some professionals The Expert and the Court You signed a contract for services... with an employee? How to properly identify the relationship between the (…)
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Reform of the Quebec Code of Civil Procedure – The new class action
On February 20, 2014, the Quebec National Assembly passed Bill 28, An Act to establish the new Code of Civil Procedure.This is a watershed moment in a process that began in 2003 and was the subject of a review by the Minister of Justice in 2006. Notably, promoting cooperation by the parties on the (…)
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Following the termination of a senior executive, a clause in a stock option plan is declared abusive and the behaviour of the employer deemed oppressive
In Dollo v. Premier Tech Ltée,1 the Superior Court of Québec declared a clause contained in the Stock Option Plan (the “Plan”) offered by Premier Tech Ltée (“Premier Tech”) to some of its employees to be abusive and also declared Premier Tech’s conduct towards a (…)
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Legal newsletter for business entrepreneurs and executives, Number 20
SOME MEASURES TO TAKE TO PROTECT YOUR CONFIDENTIAL INFORMATION IN THE CONTEXT OF THE SALE OF YOUR BUSINESSThe process of selling a business may pose some risks to the seller, particularly those related to the disclosure to third parties of confidential information concerning the operation of the (…)
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Update of Penal and Criminal Law in Occupational Health and Safety Matters
Every year, several judgments are rendered in penal law cases involving occupational health and safety issues. However, judgments in an occupational health and safety context resulting from the laying of criminal negligence charges are more rare. While the sections of the Criminal Code1 which (…)
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Supreme Court of Canada agrees to hear Réjean Hinse appeal
On March 20, 2014, the Supreme Court of Canada granted Réjean Hinse leave to appeal a decision involving an action in damages he brought against the federal authorities, represented by the Attorney General of Canada.In 1964, Mr. Hinse was wrongly convicted of taking part in an armed robbery and (…)
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Canada initiates a process to ratify three international treaties on trademarks
On January 27, 2014, the parliamentary secretary of the Canadian Minister of Foreign Affairs tabled five treaties in the House of Commons dealing with intellectual property, of which three relate to trademarks.These three treaties on trademarks are as follows: The Protocol Relating to the Madrid (…)
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The Quebec Government Announces an Increase to the Minimum Wage
On February 5, 2014, the Minister of Labour announced that as of May 1, 2014, the minimum wage will be increased by $0.20 an hour to $10.35 an hour.The hourly minimum wage of employees receiving tips will be increased to $8.90 an hour, which represents an increase of $0.15 an hour.Finally, the (…)
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Capital requirements of life insurance companies : Where do we stand ?
AT THE INTERNATIONAL LEVELOn December 16, 2013, the International Association of Insurance Supervisors (the “IAIS”), which groups the regulators of 140 countries, including Canada, published a consultation document proposing to the international community a series of regulatory capital (…)
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Employee or Self-employed Worker? The Court of Appeal of Québec Rules
The Court of Appeal of Québec recently ruled on the criteria for distinguishing between an employment agreement and a contract for services in the case of Bermex international inc. v. Agence du revenu du Québec.1It is worth noting that regardless of the fact that the parties labelled their agreement (…)
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The Robinson Case: The Final Chapter
Last December 23, the Supreme Court of Canada partially overturned the decision of the Quebec Court of Appeal in the case of Cinar Corporation v. Robinson1 and reinstated most of the conclusions of the Quebec Superior Court.BACKGROUNDIn the 1980s, Claude Robinson (“Robinson”) developed a project for (…)
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Taxation of the Natural Resources Industry in Quebec: The wave of changes still goes on
On December 20, 2013, the Quebec Department of Finance and the Economy issued Information Bulletin 2013-14 (the “Bulletin”), announcing inter alia changes to various tax measures specifically applicable to the natural resources industry.The Bulletin is certainly important in respect of (…)
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Pension Plans and Class Actions: the Vivendi case
On January 16, 2014, the Supreme Court of Canada1 affirmed the Court of Appeal of Québec2 judgment which authorized the class action brought against Vivendi Canada Inc. (“Vivendi”). This important decision confirms, among other things, that the rules for authorizing class actions in (…)
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The Quebec Government's Action Plan for Making Pension Plans Equitable and Sustainable
Last December, the Minister of Employment and Social Solidarity unveiled the Quebec government's action plan with the goal of [translation] "correcting and restoring the situation of pension plans". In this document, the government made the following main announcements: that the (…)
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The rise and fall of the “promise” attack – A sigh of relief for the pharmaceutical industry
Canada has recently seen a surge of patent validity challenges based on lack of utility. Utility is a legal requirement for patent validity; an “invention” must have some stated or implied practical use to fulfill the requirements of the Patent Act. Normally, a scintilla of usefulness is enough. (…)
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Regulatory Offences in the Distribution of Insurance Products: A Call for Diligence
On November 21, 2013, the Supreme Court of Canada issued its judgment in the case of La Souveraine, Compagnie d’assurance générale v. Autorité des marchés financiers, 2013 SCC 63, a decision which is now critically important in the context of the distribution of insurance products in Quebec. (…)
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The Office of the Superintendent of Financial Institutions published its draft guideline Liquidity Adequacy Requirements
On November 28, 2013, the Office of the Superintendent of Financial Institutions (OSFI) published its draft guideline entitled Liquidity Adequacy Requirements1 which set out the new liquidity requirements that may eventually apply to federal deposit-taking institutions, that is, the banks, bank (…)
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Québec solidaire MNAs Table a Bill to Prohibit “Grandfather Clauses” with respect to Pension Plans and Group Insurance Plans
On December 4, 2013, Québec solidaire MNAs Amir Khadir and Françoise David tabled a bill (Bill 499) in the National Assembly which seeks to amend the provisions of the Act Respecting Labour Standards (ARLS) dealing with clauses which provide for differential treatment based solely on one’s (…)
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Norwich orders recognized by the Court of Appeal of Québec - Financial institutions subject to duty to lend assistance in potential fraud files
On June 12, 2013, the Quebec Court of Appeal rendered a decision in the case of Fers et Métaux Américains S.E.C. et als v. Picard et als1 (“Fers et Métaux Américains S.E.C.”) confirming that the courts can issue Norwich-type orders in Quebec. This decision is consistent with the judgment (…)
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New measures to protect consumers of prepaid credit cards: The follow-up
This publication was authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. In November 2012, Lavery published a newsletter concerning the announcement made by the Harper government on October 24, 2012 of the adoption (…)
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New Developments Regarding Pension Plans: Relief Measures Extended and the Passing of Bill 39 on Voluntary Retirement Savings Plans
RELIEF MEASURES EXTENSIONOn November 27, 2013, the Government of Québec published the Regulation Providing New Relief Measures for the Funding of Solvency Deficiencies of Pension Plans in the Private Sector (the “New Regulation”), which will come into effect on December 31, 2013.The New (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 22
CONTENTS Requirements for ITC and ITR claims: A judgment of the Court of Québec sets the record straight Restrictive covenants transactional context vs. employment context Patrimony protection and transmission liquidator of a succession: what do you do? The Bagtech case, or the impact of a (…)
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Should Pension Benefits be Deducted from Damages for Wrongful Dismissal? The Supreme Court of Canada Rules
On December 13, 2013, the Supreme Court of Canada rendered its judgment in the case of IBM Canada Limited v. Waterman (2013 SCC 70). In this case, IBM wrongly dismissed Mr. Waterman, a long-time employee. Mr. Waterman had to begin collecting his pension under IBM’s defined benefit pension (…)
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The Supreme Court of Canada Rules on Market Timing in the Context of a Class-action Suit
Facts and judicial historyThe Supreme Court of Canada has rendered a decision which is likely to generate a lot of commentary in the Canadian class action scene. On December 12, 2013, the Court issued a ruling in the case of AIC Limited v. Fischer1 (hereinafter 'Fischer'), now frequently referred to (…)
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Legal newsletter for business entrepreneurs and executives, Number 19
CONTENT Notifying your insurer of potential legal proceedings : A sensible measure which may help you avoid significant costs! The ABCs of Managing >Absenteeism at WorkNOTIFYING YOUR INSURER OF POTENTIAL LEGAL PROCEEDINGS: A SENSIBLE MEASURE WHICH MAY HELP YOU AVOID SIGNIFICANT (…)
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Changes to the Mining Act (Québec)
On December 10, 2013, Bill 70, An Act to amend the Mining Act, was passed by the National Assembly of Québec. Except for select provisions, the new Act took effect immediately. Amendments to the Mining Act have been in the making for some time and Bill 70 was the last iteration of what has been a (…)
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New Fisheries Act permit rules take effect November 25th, 2013
IntroductionLast week, the federal government took a big step toward bringing the Fisheries Act (Canada) and its application into line with the federal government’s responsible resource development plan. On November 6th, 2013, the Government of Canada announced that November 25th is the date (…)
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Electronic commerce in insurance products: The CCIR adopts the final version of its position paper
Over the last few years, the Canadian Council of Insurance Regulators1 (“CCIR”) has taken an active interest in the issue of the electronic commerce of insurance products and the necessity of ensuring the adequate protection of the interests of consumers in this context. In May 2013, the (…)
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Since last October 30, it has become more difficult for non-residents to acquire agriculturally zoned lands suitable for the cultivation of the soil or the raising of livestock in Quebec
THE 1979 STATUTEIt is well known that, under the legal regime for the protection of agricultural lands, the acquisition of agriculturally zoned lands with a surface area of four hectares or more by a person not residing in Quebec is subject to the authorization of the Commission de protection des (…)
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The Supreme Court invalidates Alberta’s personal information protection act : What impact will this have elsewhere in Canada?
On November 15, 2013, the Supreme Court of Canada declared Alberta’s Personal Information Protection Act (PIPA)1 constitutionally invalid on the ground that it disproportionately infringed a union’s right to freedom of expression, in this case, the United Food and Commercial Workers, (…)
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The FDA wants to prohibit artificial trans fats
On Thursday, November 7, 2013, the United States Food and Drug Administration (FDA) announced measures to definitively eliminate all the artificial trans fats from processed products in the United States.The purpose of the proposal, which is released for public comments for a 60-day period, is to (…)
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Class Actions: The Supreme Court of Canada addresses the issue of indirect purchasers and the jurisdiction of the Quebec courts over contracts formed at a distance
On October 31, 2013, the Supreme Court rendered three judgments with respect to class actions at the authorization or certification stage, one from the Province of Quebec1 and the other two from the Province of British Columbia.2In all three cases, the facts raised issues with respect to the price (…)
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Quebec mining royalty agreements as seen through the lense of the Quebec Court of Appeal
On August 6, 2013, the Quebec Court of Appeal rendered a very interesting decision in the case of Anglo Pacific Group plc v. Ernst & Young Inc., 9261-0690 Québec Inc., Northern Star Mining Corp. and Jake Resources Inc. This decision is interesting in several respects, but particularly because (…)
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Accidental discharges: the duty to notify
On October 17th, 2013, the Supreme Court of Canada released its long-awaited decision in Castonguay Blasting, commonly referred to as the fly-rock case. To summarize, Castonguay was doing some blasting work and rock was unexpectedly projected outside the work site, landing on someone’s (…)
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Fungal Contamination and Commercial Leases
Fungal contamination: a complex problem The detection of a fungal contamination problem in a building can be a complex operation. For example, recurring water infiltration due to leaks in a building’s outer envelope can create an environment that is conducive to the growth of mould in spaces not (…)
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The Committee on Public Finance presents its views on the D’Amours Report
On September 17, 2013, after holding special consultations in June and August 2013,1 the Committee on Public Finance published its conclusions and recommendations on the report of the Expert Committee regarding the future of the Quebec Retirement System (the “D’Amours Report”). (…)
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The theory of contractual repudiation does not apply to employment contracts
Can an employee’s insubordination amount to repudiation of his employment contract, thus providing his employer with just and sufficient cause to dismiss him? In a judgment rendered on September 20, 2013, the Québec Court of Appeal answered this question in the negative.1The plaintiff, (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 21
CONTENTS The Pros and Cons of Arbitration Clauses in Commercial Contracts Pirating and Using Software Without a Licence: The BSA | The Software Alliance Case Interprovincial Taxation: The Importance of Severing Residential Ties on Departure Security Under Section 427 of the Bank Act: Do the (…)
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Criminal negligence: The Court of Appeal of Ontario increases to $750 000 the fine imposed on Metron Construction Corp.
On September 4, 2013, the Ontario Court of Appeal ordered Metron Construction Corporation (“Metron”) to pay a fine in the amount of $750 000 for criminal negligence causing death.1 After Metron pled guilty to the offence, the trial judge ordered the company to pay a fine of $200 000. (…)
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The Supreme Court of Canada will hear the Asphalte Desjardins case on the issue of the employer’s right to waive the resignation notice given by an employee
On September 5, 2013, the Supreme Court of Canada allowed the motion for leave to appeal filed by the Commission des normes du travail against the decision rendered in March 2013 by the Court of Appeal of Québec in the case of Commission des normes du travail v. Asphalte Desjardins inc.1In this (…)
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The Supreme Court of Canada Renders a Decision on Restrictive Covenants Contained in an Asset Sale Agreement
On September 12, 2013, in Payette v. Guay inc.1, the Supreme Court of Canada rendered a decision which will be of interest to anyone involved in a transaction for the purchase or sale of assets. The Court shed some light on the interpretation of clauses restricting employment and post-employment (…)
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The External Directors of a SME
OVERVIEW: Good governance can and should create value for SMEs Good governance can constitute protection against a director’s potential liability The general duties of the director of a SME are the same as those of the director of a large corporation (care and loyalty) The terms (…)
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Legal newsletter for business entrepreneurs and executives, Number 18
CONTENTS Easing the financing rules while waiting for crowdfunding Avoiding disputes by entering into a shareholders’ agreement Tenth anniversary of Bill 72 : Land protecton and rehabilitationEASING THE FINANCING RULES WHILE WAITING FOR CROWDFUNDINGJosianne BeaudryThere is no doubt (…)
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An unprecedented decision of the Court of Appeal: a judgment authorizing a class action under the Securities Act may be appealed
INTRODUCTIONOn July 17, 2013, the Court of Appeal issued an unprecedented judgment in Quebec in the case of Theratechnologies inc. v. 121851 Canada inc.1 Justice Clément Gascon, writing for the court, held, in a unanimous decision, that a judgment having authorized a class action for damages under (…)
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Prospectus offerings in Canada: a comprehensive guide to the improved Canadian marketing rules for issuers and investment dealers
On August 13, 2013, significant amendments to National Instrument 41-101 - General prospectus requirements, National Instrument 44-101 - Short form prospectus distributions, National Instrument 44-102 – Shelf distributions and National Instrument 44-103 – Post-receipt pricing (and their (…)
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Class action based on the thesis of constructive dismissal: the Superior Court dismisses the application for authorization
In July 2007, Allstate Insurance Company of Canada (hereinafter referred to as “Allstate”) sent a notice of change of working conditions to all its insurance agents. Allstate was then employing approximately 90 agents in Quebec.The notice was sent 26 months prior to the implementation of (…)
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Legal newsletter for real estate professionals, Number 7
CONTENT What Happens when an Option to Terminate is not Exercised in Accordance with its Terms? The Landlord's Obligation to Provide Peaceful Enjoyment WHAT HAPPENS WHEN AN OPTION TO TERMINATE IS NOT EXERCISED IN ACCORDANCE WITH ITS TERMS?Chantal JoubertAn option for the renewal or (…)
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Supreme Court of Canada rules on random alcohol testing
The Supreme Court of Canada recently rendered a divided decision in which it concluded that an employer’s policy imposing mandatory random alcohol testing was not justified.1 This decision is of interest to employers in Quebec since it confirms arbitral case law on the subject.BackgroundIn (…)
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Can smoking at work justify an automatic dismissal?
In a recent arbitration award, an arbitrator assessed a company's internal policy which provided for the dismissal of any employee caught smoking at the employer's plant of on its property, even in the case of a first offence.1THE DISPUTEThe plaintiff worked at ADM Milling Co.’s flourmill for (…)
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Special Quorums : Recent news on responsible defences with respect to shareholder activism
In September 2012, we reported that the Supreme Court of British Columbia had rendered a judgment1 confirming that a corporate policy imposing an advance nomination process for a shareholders’ meeting was reasonable and did not infringe the shareholders' rights relating to the election of the (…)
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Failure to comply with the provisions of the Regulation respecting the application of the Consumer Protection Act dealing with notices of forfeiture of the benefit of the term
Although non-compliance with the Consumer Protection Act (the “CPA”) is generally sanctioned by the nullity of the CPA non-compliant clauses, or of the contract in its entirety, in cases involving written notices of forfeiture of the benefit of the term, the courts have sometimes decided (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 20
CONTENTS Life Insurance Policy: How to Extract Funds from a Corporation with No Tax Impact Constructive Dismissal Analyzed in the Context of a Business Acquisition The Right of Withdrawal, a Controlled Form of Contractual Freedom Transfers of Residences Involving a Spousal Testamentary Trust (…)
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E-Distribution of Insurance Products: the CCIR Publishes its Recommendations
In January 2012, the Electronic Commerce Committee of the Canadian Council of Insurance Regulators (CCIR)1 released an issue paper entitled “Electronic Commerce in Insurance Products”, through which it invited insurers and intermediaries to provide feedback on certain targeted issues (…)
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A wake-up call to merchants : The cost of “illegible” consumer contracts
Recently, the Court of Québec reminded merchants of their responsibility to ensure that consumers are cognizant of important contractual clauses at the time a contract is entered into. In the case of 159191 Canada inc. (Discount Location d’autos et camions) c. Waddell1, the Court had to decide (…)
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Legal newsletter for business entrepreneurs and executives, Number 17
BILL 1: NEW REQUIREMENTS FOR PUBLIC CALLS FOR TENDERSNearly everybody talks about it. The Integrity in Public Contracts Act, also referred to as Bill 1, has been assented to on December 7, 2012 after an expedited review process of barely three months. Everybody is talking about it because the Act (…)
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Amendments made to the Act respecting insurance of Quebec to allow transfers between participating funds and non-participating funds
On June 14, 2013, the Act respecting insurance (Quebec) (the "Act") was amended by sections 1 to 5 of An Act to amend various legislative provisions mainly concerning the financial sector. The new sections, 66.1.1 to 66.1.6, have been added to the Act in order to henceforth allow an (…)
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'I lied, but I did so in good faith!1'
The pre-hiring process is a key step to the viability of the employer-employee relationship. Both the employer and the applicant must not underestimate the importance of this process which establishes the basis of their contractual relationship. This process is governed by a legislative framework (…)
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To What Extent are Insurers Required to Cover Premises where Criminal Activities are Conducted?
In a recent decision by the Court of Appeal of Québec, the Honourable Jacques Chamberland, J.C.A. reviewed the application of exclusion clauses contained in a home insurance policy in the context of criminal activities1.THE FACTSThe Appellant, Union canadienne compagnie d’assurance insured the (…)
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A first concrete step in combating counterfeiting
The production and circulation of counterfeit products have been an economic and social problem for some time. Not only can such products pose a safety risk to consumers who use them, counterfeit products also lead to considerable lost income for legitimate businesses, decrease consumer confidence (…)
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Sale by judicial authority: conflict of interest rules governing the designation of the officer entrusted with the sale
Recently, the Superior Court rendered a decision1 which clarifies the extent of the discretion a court has when asked to ratify a hypothecary creditor's recommendation to appoint an employee of its legal counsel to act as the officer of the court entrusted with the sale by judicial authority of the (…)
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Employers: to what extent can you control your employees’ physical appearance?
It is generally understood that an employer has the authority to manage and control its employees to ensure its business runs smoothly. In exercising such authority, an employer can adopt and implement policies that govern how employees perform their work. In certain circumstances, an employer can (…)
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The Supreme Court rules in Indalex: DIP lenders rank ahead of pension beneficiaries in CCAA Restructuring
On February 1, 2013, the Supreme Court overturned a controversial decision of the Ontario Court of Appeal which granted pension beneficiaries priority over DIP lenders in the context of a restructuring under the Companies’ Creditors Arrangement Act (“CCAA”).1 The Court of (…)
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Building Safety – New Onerous Obligations for Owners
On March 18, 2013, the Règlement visant à améliorer la sécurité dans le bâtiment, adopted pursuant to the Building Act, came into force. The new Regulation, which became chapter VIII of the Safety Code entitled “Building”, contains rules on fire safety and on maintenance of building facades and (…)
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The Court of Appeal confirms that the policyholder and the insurer may agree to modify the provisions of a group insurance contract without consulting the participants
The decision of the Court of Appeal in the La Capitale case has been expected since February 2012 when the Superior Court dismissed the class action taken against an insurer who, with the consent of the policyholder, had unilaterally modified the waiver of premiums clause in a group insurance (…)
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Canadian ratification of the Convention on International Interests in Mobile Equipment and of the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment
This bulletin includes an analysis of certain provisions of the Cape Town Convention and the Aircraft Protocol that will take effect in Canada on April 1, 2013. AN OVERVIEWBy: Pierre Denis1 and Étienne Brassard2Lavery, de Billy LLP INTRODUCTIONThis Bulletin is intended as a brief overview of the (…)
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Eric and Lola : The Supreme Court rules on the rights of de facto spouses in Quebec
It is not surprising that there has been so much discussion and debate surrounding the saga of Eric and Lola in the past few years. Indeed, this litigation raises issues that directly affect a large number of Quebec couples who live in de facto unions. The legal issues raised pit two competing (…)
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Forum on Mining Royalties – Consultation document
Here is an overview prepared by Lavery of the highlights of the consultation document (in French) released last Thursday by the Quebec government in connection with the forum on mining royalties to be held on March 15, 2013. OVERVIEW OF THE CONSULTATION DOCUMENT ENTITLED:“LE RÉGIME D’IMPÔT MINIER (…)
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Domestic Systematically Important Banks
On March 26, 2013, the Office of the Superintendent of Financial Institutions (“OSFI”), the Canadian bank regulator, issued an Advisory in which it identified the banks considered to be systematically important for Canada in accordance with the framework set out by the Basel Committee on (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 19
CONTENTS Part XII.2 Tax Applicable to Trusts: a Potentially Expensive Tax Whichis Often Overlooked Application of the Anti-avoidance Rule in Subsection 83(2.1): Caution Is Required in the Context of the Acquisition of a Private Corporation Revenu Québec to Scrutinize Trusts Directors’ (…)
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Legal newsletter for business entrepreneurs and executives, Number 16
CONTENTS Some practical advice on the recording of customer phone calls in Quebec Employment placement agencies : who is responsible for the source deductions? What are your recourses if you believe a contract is about to be, or has been, awarded to another bidder? SOME PRACTICAL ADVICE ON (…)
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The insurer's duty to defend and indemnify: a new judgment of the Quebec Court of Appeal
On March 1, 2013, the Court of Appeal rendered a judgment on the insurer's duty to defend and indemnify the insured in the area of commercial general liability insurance.1 It confirmed the decision of the trial judge which had held that the insurer has the duty to defend and indemnify,2 and ordered (…)
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Interpretation of the Code of Conduct for the Credit and Debit Card Industry in Canada: The Financial Consumer Agency of Canada provides some clarification
This publication was authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. On February 13, 2013, the Financial Consumer Agency of Canada (the “Agency”) issued a new guidance (the “Guidance”) to clarify the (…)
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OSFI’s new expectations with respect to the governance of federally-regulated financial institutions
The quality of corporate governance practices increasingly represents a key factor to maintaining the trust of depositors, policyholders and most stakeholders who are active on capital markets. Considering the unique features of financial institutions and the risks arising from their (…)
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An analysis of constructive dismissal in the context of a business acquisition
The Courts have considered the concept of constructive dismissal on many occasions. Generally, the expression “constructive dismissal” refers to situations in which an employee does not agree to a substantial change made unilaterally by his employer to one or more essential terms of his employment (…)
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Legal hypothecs for construction and the enforcement of contractual rights: The Superior Court condemns the use of the land registry as a means for intimidation
On September 21, 2012, Justice Babin of the Superior Court of Québec rendered a decision which denotes the effect of bad faith of the registrant on damages awards in the context of the unjustified publication of a legal hypothec for construction.1While the decision serves as a useful reminder that a (…)
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Relaxing of the liquidity coverage ratio under Basel III
On January 6, 2013, the Basel Committee on Banking Supervision announced that it was relaxing the liquidity rules that will be applied to banks beginning in 2015. The Group of Central Bank Governors and Heads of Supervision (“GHOS”), the oversight body of the Basel Committee, then (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 18
Are you ready? The harmonization of the QST and the GST may considerably impact your business or clients Sale of litigious rights : Beware of the redemption right Determining the purchase price of shares in a shareholder agreement: When “quiconque” (“any person”) (…)
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Legal newsletter for business entrepreneurs and executives, Number 15
Employment Conditions of Foreign Workers Share Ownership : an Overview Certificate of Intellectual Property Pertaining to Software
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Legal newsletter for real estate professionals, Number 5
CONTENT Property Management : When does a breach of contract become gross negligence? Ensuring the safety of citizens is a primary obligation of the state Property Management : When does a breach of contract become gross negligence? Louis-Martin Dubé On October 10, 2012, the Québec Court (…)
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Francization – Bill No 14 amending the Charter of the French language
This publication was authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. The title of this newsletter gives a good summary of the explanatory notes that serve as an introduction to Bill 14, entitled An Act to amend (…)
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AMF Investigations: The duty to answer an investigator and his jurisdiction to rule on objections (continued)
With regard to our In Fact and In Law Express newsletter of July 2012, entitled ‘‘AMF Investigations: The duty to answer an investigator and his jurisdiction to rule on objections’’, please be informed that, on December 20, 2012, the Supreme Court dismissed Fournier’s (…)
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Due diligence and commercial leases
Generally speaking, the acquisition of rental property requires a due diligence process that is usually focused on building and property conditions, property titles and lease analysis. During this phase, the purchaser will primarily be concerned about a possible right of first refusal to acquire (…)
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New consumer protection measures for prepaid credit cards
This publication was authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. On October 24, 2012, the Harper government announced its intentions to enact new regulations to protect consumers who use prepaid credit cards (…)
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TSX amends director election rules and proposes a majority voting requirement
Issues surrounding the election of directors of public companies gained the attention of Canadian securities regulators in the last years due to concerns expressed by large institutional investors that current Canadian rules regarding the election of directors were not democratic nor aligned with (…)
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Hypothecary Claims, Factoring and Priorities
In a recent decision, the Superior Court ruled in favour of GE, Commercial Distribution Finance Canada ('GE') in a dispute against the National Bank of Canada ('NBC'). Both institutions had a common client, New World Zanotti Transblock Inc. ('Zanotti'), which had granted to each of them a hypothec (…)
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The Metron Construction Corp. Case: Another conviction for criminal negligence in the area of occupational health and safety
Since the adoption of Bill C-45 amending certain provisions of the Criminal Code in March of 2004, employers have had to take on increased responsibility in the area of occupational health and safety. Indeed, the effect of sections 22.1 and 217.1 of the Criminal Code is to facilitate the laying of (…)
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Professional liability insurance and gross fault: the Court of Appeal sings a different tune (new version)
Following the important judgment rendered by the Court of Appeal on August 2, 2012, the Court has ruled once again, on September 27, 2012, on the exclusions for gross fault with respect to professional liability insurance. In addition, the decision confirmed, as provided in the Civil Code, that an (…)
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The « Critical Supplier » in Québec Jurisprudence and a Québec Perspective on INDALEX
The Critical Supplier in Québec jurisprudence Superior Court refuses to import INDALEX decision into Québec Law.
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CCAA: Is the termination of employment contracts subject to section 32 CCAA?
On August 30, 2011, Hart Stores Inc./Magasins Hart inc. (hereinafter 'Hart'), filed for protection under the Companies' Creditors Arrangement Act (hereinafter the 'CCAA'). As part of the restructuring, Hart closed down 32 out of 92 points of sale and laid off 640 out of 1,600 employees. Included in (…)
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Does an employer have the right to forbid the recording of cell phone conversations by employees?
In the era of smartphones and their ever-increasing sophisticated applications, it may be difficult for an employer to control what employees do with their cell phones while at work. What is the extent of an employer’s powers when an employee makes use of his personal cell phone? Does an (…)
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Creditors suspected of wishing to eliminate a competitor: The Court refuses to annul their votes against a plan of arrangement
On May 14, 2012, the Honourable Normand Gosselin, J.S.C., ruled on an amended motion seeking the sanction of a plan of arrangement concerning a debtor, Norgate Métal Inc. ('Norgate'). The judgment is special in that Norgate asked the Court to annul some of the votes that had been cast against the (…)
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The Court of Appeal rules on the scope of section 59 of the Labour Code with respect to a definitive business closure
The Québec Court of Appeal rendered an important decision on the legality of termination of employment for some 190 employees of the Wal-Mart store in Jonquière. In the context of several proceedings, which were filed to obtain compensation for those job losses, the United Food and Commercial (…)
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Investment and Financial Security Advisors: Respect your clients’ goals and document your files!
Two recent decisions of the Court of Appeal remind us of the duty on investment advisors and financial security advisors to know their client and the correlative duty of information. In both cases, the Court of Appeal held that the advisor had breached his duty to know his client, assess the (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 17
The Application for Rectification by the Court Is Not a Cure for all Ills: Prevention is Better than (Attempting!) a Cure Register your Trade-marks! The Importance of Having a Detailed Power of Attorney in the Event of a Person’s Incapacity Effect of a Unanimous (…)
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Legal newsletter for business entrepreneurs and executives, Number 14
Last Call: Do you have any private corporation shares in your RRSP? Plan Nord: Maximize your business opportunities Can the refusal to sign a non-competition clause constitute a just and sufficient cause for dismissal?
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The Court of Appeal reiterates the admissibility in evidence of reports done in the course of administrative investigations
In a decision rendered on July 5th, the Court of Appeal reiterates the admissibility in evidence of reports done in the course of administrative investigations in the context of a civil trial, confirming the importance of any administrative investigation that follows an accident.
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Advance notice policies: A tool to consider with regard to shareholder nominations for electing directors
On July 20, 2012, the Supreme Court of British Columbia (the 'Court') rendered a judgment that sheds new light on the shareholder nomination process for electing the directors of a business corporation. In fact, the Court confirmed that a corporation’s policy, which aimed to impose an advance (…)
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Due diligence in leasing
It is fairly common and in fact recommended, to proceed with a due diligence review of a property before its acquisition. At a minimum, title to the property is confirmed through a title search review. Often times, a much more thorough review is completed. Matters such as zoning and other legal (…)
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The British Columbia Court of Appeal rejects the territorial theory of Aboriginal title and dismisses the appeal by the Tsilhqot'in Nation
On June 27, 2012 the British Columbia Court of Appeal issued its highly anticipated decision in the case William v. British Columbia. In a unanimous decision, the Court affirmed many of the trial judge’s holdings regarding the claims to Aboriginal rights and title brought by the (…)
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The Supreme Court of Canada will hear the Vivendi case
On August 9, 2012, the Supreme Court of Canada granted the application for leave to appeal filed by Vivendi Canada Inc. against the decision rendered in February 2012 by the Québec Court of Appeal. This decision authorized Mr. Michel Dell’Aniello to bring a class action against Vivendi Canada (…)
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The Court of Appeal clarifies the legal nature of a real guarantee
Quebec law has for a long time distinguished the personal guarantor from the real guarantor: a personal guarantor is personally bound to repay a creditor should the principal debtor fail to perform its obligations; a real guarantor does no more than give some of its assets as collateral to a (…)
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Liability insurance, professional activities and gross fault: the Québec Court of Appeal sets the record straight
On August 2, 2012, the Court of Appeal rendered a major decision on professional liability insurance . As a result of this ruling, insureds and insurers alike should review the wording of such policies, especially gross fault exclusions and the definition of "professional activities". The (…)
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The Arbitrator’s decision in the case of Centre Jeunesse de Montréal – It has the authority to set rules for proper dress, piercings, tattoos and personal appearance in the workplace
The employer, Centre jeunesse de Montréal – University Institute (hereinafter the "Centre"), adopted a dress code as well as a piercings, tattoos and personal appearance policy for its employees (hereinafter the "Policy").Although the validity of the Policy was contested by (…)
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Carbon Market : Are you ready to take advantage of it?
As of January 1, 2013, Quebec and California will emerge as the first two Western Climate Initiative (WCI) partners to create a carbon market that imposes binding targets on businesses identified as major greenhouse gas (GHG) emitters. These new regulations are raising some concerns among the (…)
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The limits of additional mortgage
An overview of the restrictive interpretation given to additional mortgage in both the doctrine and case law. An additional mortgage is often added to the primary mortgage to better protect the creditor (available in French only).
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The British Columbia Supreme Court confirms that municipalities have no duty to consult and accommodate Aboriginal peoples
On April 4, 2012, the British Columbia Supreme Court rendered its decision in the case Neskonlith Indian Band v. Salmon Arm (City) and therein confirmed that municipalities have no duty to consult and accommodate Aboriginal peoples.
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Superior Court refuses to import Indalex decision into Québec law
On April 20, 2012, Justice Mongeon of the Québec Superior Court rendered an important decision in the restructuring of the White Birch Paper Company (“White Birch”). The judgment could have a lasting effect on CCAA jurisprudence in Québec since it deals with issues relating to the (…)
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AMF Investigations: The duty to answer an investigator and his jurisdiction to rule on objections (continued see In Fact and In Law Express, December 2012)
The Securities Act [SA] allows the Autorité des marchés financiers [the “AMF”] to order investigations to ensure compliance with the SA and to repress contraventions which may be committed. This is the context in which the Court of Appeal handed down a decision on June 22, 2012 going to (…)
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When a tree falls: The Supreme Court of Canada confirms the large and liberal interpretation that must be given to Quebec’s Automobile Insurance Act
In a unanimous decision rendered on June 22nd, the Supreme Court of Canada confirms the principles previously established by the Court of Appeal: Quebec’s Automobile Insurance Act ("Act") must be given a large and liberal interpretation. In this case, the Court confirms that the mere use of a (…)
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The Court of Appeal confirms that a distinction based on age provided for by section 56 of the AIAOD is not discriminatory
On June 14, 2012, the Quebec Court of Appeal confirmed the validity of the second paragraph of section 56 of the Act Respecting Industrial Accidents and Occupational Diseases (hereinafter the “AIAOD” or the “Act”). Although this paragraph establishes a distinction based on (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 16
The Trust : An Efficient Asset Protection Tool? Amendments to the Obligations of Employers Hiring Foreign Workers – One Year Later: Are you Ready for Service Canada’s Verification? Did you Know? Trustee’s Tax Liability
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The Doorcorp Case: The Court of Appeal renders yet another decision on section 139 BIA and the postponement of claims
Last June we discussed the Court of Appeal decision in Stonehaven Country Club, which dealt with the application of section 139 BIA to a claim by Investissement Québec. The Court of Appeal has ruled on the scope of this section once again.On April 17, 2012, the Honourable Marc Beauregard, writing (…)
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Legal newsletter for business entrepreneurs and executives, Number 13
Due diligence in leasing Factors examined by the Supreme Court in determining the validity of a municipal bylaw Incorporated employees face new obstacles
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What to do when your lessee declares bankruptcy?
A commercial lease does not end on the sole basis that the lessee declares bankruptcy; to the contrary, the Bankruptcy and Insolvency Act (“BIA”) provides that the property of the bankrupt, including the lease, is vested in the trustee. In fact, the terms of the lease are what make it possible for (…)
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The policyholder and the insurer may agree to unilaterally modify the provisions of a group insurance policy
The La Capitale ruling had been expected since 2009, when the Superior Court authorized a class action against an insurer who had unilaterally modified the waiver of premiums clause in a group insurance contract in 2001.
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Can the refusal to sign a non-competition clause constitute just and sufficient cause for dismissal?
In a recent decision, Jean c. Omegachem inc., the Court of Appeal answered that question by ruling that an employee’s refusal to sign a non-competition agreement during employment, which had been discussed when the employee was hired but presented to him three years after commencement of (…)
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The Ontario Superior Court Halts Exploratory Work by a Mining Company and Orders Tripartite Consultation with the First Nation and the Province
On January 3, 2012, the Ontario Superior Court ordered that Solid Gold Resources Corp. (“Solid Gold”), a junior mining exploration company, be enjoined from carrying on any further mineral exploration activity for 120 days on a parcel of land claimed by the Wahgoshig First Nation (…)
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A decision “of interest” from the Court of Appeal of Québec
The notion of insurable interest is fundamental to insurance law as it is at the very heart of the validity of this contract. The lack of insurable interest leads to the nullity of the insurance policy and justifies the insurer’s refusal to indemnify its insured. In a decision rendered on March 2, (…)
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The Court of Appeal authorizes retirees' class action against Vivendi
On February 29, 2012, the Quebec Court of Appeal reversed the judgment of the Quebec Superior Court that had dismissed the motion to authorize the bringing of a class action filed by Mr. Michel Dell’Aniello (“Dell’Aniello”) in connection with changes made unilaterally by (…)
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Theft or loss of a credit card: Who has the burden of proof?
This publication was authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. Lavery keeps a close eye on developments in consumer law. Its leading-edge expertise in the retail trade and class actions has been pointed (…)
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The Oasis case: When juice turns to vinegar – The impact of social media on justice
Two Lassonde companies (hereinafter Lassonde), holders of the OASIS trade-mark used mainly to identify fruit juices, instituted legal proceedings against Oasis d’Olivia Inc., requesting that the Quebec Superior Court order it to stop using the OLIVIA’S OASIS trade-mark for soap, and to pay exemplary (…)
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Negotiations in the construction industry: At last a role for the ultimate clients
Bill 33, whose very title announced the elimination of union placement of employees to improve the operation of the construction industry, was assented to on December 2, 2011, and it has raised a lot of comments.The media made a great deal of the changes proposed in this Bill, regarding mainly union (…)
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Legal newsletter for technology, life sciences and intellectual property sectors, Number 2
Quebec tax holidays for foreign researchers The Amazon.com judgment : The patentability of the one-click Distinguish yourself! Online downloading in the sights of american justice
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Errare Humanum est : To Err is human, but the Court cannot always fix it
This publication was authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. Lavery follows the evolution of consumer law closely. Its specialized expertise in the fields of retailing and class actions has been (…)
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The Supreme Court clarifies the parameters for assessing whether a commercial representation is false or misleading: The average consumer is credulous and inexperienced
This publication was co-authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. Lavery follows the evolution of consumer law closely. Its specialized expertise in the fields of retailing and class actions has been (…)
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Class Action and Consumer Law : The Court of Appeal excludes non-consumers from the approved class in an authorized class action
This publication was authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. Consumer protection law and the Consumer Protection Act apply first and foremost to economic activities in the retail sector. Expenditures (…)
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The Superior Court orders the Régie des Rentes du Québec to Register Adverse Amendments
On September 9, 2011, the Quebec Superior Court allowed an application for judicial review of Synertech Moulded Products, Division of Old Castle Building (« Synertech ») and quashed two judgments rendered by the Economic Affairs Section of the Tribunal administratif du Québec (Quebec (…)
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Class Actions and Consumer Law: Obligations resulting from the sale of additional warranties; what was the law prior to bill 60?
This publication was authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. Consumer law and the Consumer Protection Act (the “CPA”) are aimed first and foremost at economic activities in the retail sales sector. (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 15
Recourses Seeking Rectification Under the New Business Corporations Act You do Business in a Province Other than Quebec: Are You Required to Register Yourself? Resale Prices and Authorized Distributors: A Synopsis France Arms Itself Against Trusts
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E-Distribution of Insurance Products: the AMF Wants Your Input!
On February 24, 2012, the Autorité des marchés financiers published, on its website, a notice of consultation entitled Notice and Request and Comment on Internet Insurance Offerings in Québec.This process follows the AMF’s analysis, initiated a few years ago of the issues relating to (…)
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Legal newsletter for business entrepreneurs and executives, Number 12
The Powers of CSST Inspectors Confidentiality Agreements : The importance of Protecting your Secrets Your First Financing with a Financial Institution
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Legal newsletter for real estate professionals, Number 2
CONTENT Mortgage lenders – Duty to notify the insurer of a material change in risk Undivided co-ownership and the right of redemption Unpublished servitudes Mortgage lenders – Duty to notify the insurer of a material change in risk Louis-Martin Dubé and Ariana Lisio All fire insurance (…)
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The Superior Court applies restrictive interpretation to additional hypothecs
The scope of additional hypothecs was examined by the Superior Court on September 6, 2011 in the case of Banque Nationale du Canada v. Larouche.At issue in this case was whether the additional hypothec provision contained in the deed of hypothec granted by Mr. Larouche in favour of the National Bank (…)
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The Supreme Court confirms that not all aboriginal practices are protected by section 35 of the Constitution Act, 1982
The Supreme Court of Canada confirms that only those modern practices that maintain a reasonable degree of continuity with the practices, customs or traditions that were integral to an aboriginal groups pre-contact distinctive culture will be protected as an aboriginal right under section 35 of the (…)
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Disciplinary Measures relating to the use of Computer Equipment : Coca-Cola is forced to reinstate an employee
The Commission des relations du travail (the «Commission») recently ruled on the way in which an employer proceeded to impose a disciplinary measure on an employee due to his use of computer equipment belonging to the employer.On October 11, 2011, the Commission allowed the complaint (…)
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Amazon.com finally clicks with the Canadian Intellectual Property Office
More than 12 years after its original filing date, the Canadian Intellectual Property Office (CIPO) has finally granted Canadian Patent No. 2246933 for a “Method and System for Placing a Purchase Order via a Telecommunications Network” (the “One Click Patent”). The application had most recently been (…)
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Legal newsletter for real estate professionals, Number 1
CONTENT The Breach of a Promise to Purchase - Liability of the Third Party Purchaser Entire Agreement Clauses Closed Hypothecary Loans With a Term Exceeding Five (5) Years: Legislative Change The Breach of a Promise to Purchase - Liability of the Third Party Purchaser Louis-Martin Dubé (…)
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Legal newsletter for technology, life sciences and intellectual property sectors, Number 1
Hyperlinks and defamation: a Judgment that Clarifies the Rules The Myriad Case: Are DNA Molecules Patentable or Not? Lessons Drawn From the Supreme Court's Decision in Masterpiece: Register Your Trade-Marks!
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What if what was published on Facebook was admissible as evidence?
The advent of social networks such as MySpace, Facebook, Diaspora, Photobucket, Twitter, You Tube and others has brought significant changes to social relationships. In Quebec alone, more than 3,250,000 persons have a profile on Facebook. In 2010, the use of social media intensified in Quebec; (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 14
Defined Benefit Pension Plans : The Temporary Funding Relief Measures will Likely be Extended! A New Statutory Framework for Federal Not-for-profit Organizations Conversion of Debt into Shares by a Corporation in Financial Difficulty; Pay Attention to the Tax Consequences Conflicting (…)
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Legal newsletter for business entrepreneurs and executives, Number 11
SMEs, Governance and Directors
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Corporate directors in Quebec in the wake of the economic crisis
The role, and especially the liability, of corporate directors have evolved considerably over the last few decades. Obviously, the financial scandals of the 1990s are largely responsible for this change that began in the United States with the enactment of the Sarbanes-Oxley Act of 2002, prompting (…)
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OCRCVM v. Beaudoin and AMF (C.A.) – Courts of justice cannot homologate a disciplinary decision in the absence of a specific legislative provision to that effect
The Investment Industry Regulatory Organization of Canada (IIROC, formerly known as the Investment Dealers Association of Canada (IDA)) is a self-regulatory organization recognized by the Autorité des marchés financiers (AMF), which mainly deals with disciplinary complaints against its members. For (…)
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The Superior Court refuses to authorize a class action against a furniture and electrical household appliances giant
The Honourable Justice Louis-Paul Cullen of the Superior Court rendered a judgment on September 23, 2011 which dismissed a motion for authorization to exercise a class action instituted by Mr. Kerfalla Toure (hereinafter 'Toure') against Brault & Martineau (hereinafter 'B & M').
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Limits of the deemed trust created under provincial tax legislation
In its judgment in the case of Banque Nationale du Canada v. Agence du Revenu du Québec, 2011 QCCA 1943, issued on October 21, 2011, the Court of Appeal of Quebec discussed two grounds of dispute that might be of interest to the hypothecary creditors of tax debtors when the tax authorities rely on (…)
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SMEs, Governance and Directors
Since the mid-1990s, the promotion of corporate governance has been the subject of various public and private initiatives in Canada. The first of them were aimed at reporting issuers. State-owned corporations and other public sector organizations were targeted next.As a result of the example (…)
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What happens when a contract does not reflect what was agreed upon between the parties?
On October 28, 2011, the Quebec Court of Appeal upheld a judgment of the Superior Court allowing for clauses of a loan agreement to be modified by the Court so as to reflect the common intention of the parties after it was proved that there was a discrepancy between the real intention of the (…)
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Supervising the Use of Social Networking Websites by Financial Sector Intermediaries
The use of social media, discussion forums and other websites for business purposes, as a means of communicating with the public, raises increasingly significant compliance issues for regulated entities of the financial sector. Such use may expose registered or certified representatives and, (…)
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The Francization of Domain Names: a Step not to be Missed?
If your trademarks and business names contain letters with accents and you are the owner of domain names linked with them, it is important to familiarize yourself with the following.With a view to offering owners the possibility of registering domain names that comply with French spelling, the (…)
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Creation of New Internet Domain Names in 2012
On June 20, 2011, in Singapore, ICANN (Internet Corporation for Assigned Names and Numbers), the global co-ordination body for Internet addresses, approved the new program for the thematic extension of gTLDs. This program will certainly lead to significant growth in the number of domain names (…)
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When it becomes necessary to revoke the appointment of an inspector to ensure the proper functioning of the proposal or bankruptcy process
When a bankruptcy occurs, the creditors play a central role in the administrative control of the bankrupt’s estate. In this regard, the Bankruptcy and Insolvency Act provides that, at the first meeting of creditors, the creditors must, among other things, affirm the appointment of the trustee (…)
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The Superior Court Overturns the Decision of the Commission des lésions professionnelles: the Reduction of the Income Replacement Indemnity at Age 65 is not Discriminatory
On March 18, 2010, the Commission des lésions professionnelles (“CLP”), in the case of Côté et Traverse Rivière-du-Loup, declared invalid section 56 of An Act respecting industrial accidents and occupational diseases (the “AIAOD”). It found that the section was discriminatory (…)
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Update on Planned Production Shutdowns
Since 1968, labour relations in the construction industry have been governed by a specific statute, the Act respecting labour relations, vocational training and workforce management in the construction industry.At the time, R-20 was enacted to put some order in an industry struggling with an (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 13
Engaging in Activities as a Dealer or Adviser: Am I Required to Register? A Corporation’s Unanimous Shareholder A greement Now A vailable to its Creditors Invoices of Convenience and Accommodation The Importance of Written Contracts Respecting Intellectual Property or the Art of (…)
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Legal newsletter for business entrepreneurs and executives, Number 10
Integrating a Trust as a Shareholder of your Family business Noncompetition Covenants Applicable to Shareholders A Shareholder Agreement : The Essential Tool of the Private Corporation shareholder
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The Court of Appeal confirms the right of an employer to continue its operations during a labour dispute
On September 14, 2011, the Court of Appeal of Quebec rendered a significant decision in the context of the labour dispute which occurred at the Journal de Québec in 2007 2008. This decision sheds some light on the scope of the “anti strikebreaker” provisions of the Labour Code (…)
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Secured or postponed: Where does the secured lender who shares?
On April 4, 2011, the Honourable Benoît Morin, speaking for the Court of Appeal, with Justices Michel Robert and Jacques A. Léger concurring, issued a judgment confirming the decision of the Superior Court rendered on April 22, 2009 by the Honourable Jean-Yves Lalonde. The case arose out of the (…)
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Resource Development: Aboriginal Issues
The combination of rising commodities prices together with the expressed intention of the Quebec government to develop the region north of the 55th parallel have sparked an increase in the number of natural resources development projects. However, businesses promoting such projects must inevitably (…)
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BILL 7 – SECTION 115 of the Act Respecting the Distribution of Financial Products and Services
On May 4, 2011, an important Bill was presented by the Minister for Finance, Mr. Alain Paquet.The effect of Bill 7, entitled An Act to amend various legislative provisions concerning the financial sector, is, among other things, to amend section 115 of the Act respecting the distribution of (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 12
Foreign Reporting : A Costly Oversight The Act Respecting the Legal Publicity of Enterprises and Limited Partnerships: We Win, We Lose... Maybe! What Should You Do When Tax Authorities Pay a Visit to Your Client? Beware of Hybrid Sales Transactions Involving Assets and Shares!
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The Superior Court rules – The immunity is upsheld – to be continued...
The Fire Safety Act came into force on September 1, 2000. Its purpose is to implement organizational arrangements pertaining to fire safety within the regional county municipalities and major urban centres in Quebec. Section 8 of the Act requires them to establish a fire safety cover plan which must (…)
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The Canada Consumer Product Safety Act: Are you ready?
After more than three years of delays, studies and public consultations, the Canada Consumer Product Safety Act came into force on June 20, 2011. The Act imposes new obligations on manufacturers, importers and sellers of consumer products and grants significant powers to Health Canada. It will (…)
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Legal newsletter for business entrepreneurs and executives, Number 9
Your insurance contract on the web Business development: the aboriginal issue From the family dinner to the annual meeting of the shareholders: the best family business governance practices
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Directors and Officers Liability
The practice area of Directors and Officers Liability focuses on the liabilities of directors and officers arising out of their duties and responsibilities as directors and officers of business corporations and non-profit organizations. Much of modern society’s activities are carried out by (…)
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Directors and Risk Management
Risk management has always been a part of an enterprise’s management profile. Historically, boards of directors did manage risk, albeit in a less systematic way.Greater emphasis has been placed on this aspect of management over the last few years. Thus, the practices which were recommended to (…)
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Change in Corporate Culture: New Expectations of the AMF for Insurer’s “Commercial Practices”
On March 11, 2011, the Autorité des marchés financiers (the “AMF”) published a draft Commercial Practices Guideline, which is available for public consultation on the website of the AMF until April 22, 2011.This Guideline constitutes a statement of principle on the expectations of the (…)
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BIA: Equity claims in proposals – A look at new section 54.1 BIA
On October 28, 2010, Justice Yves Poirier of the Quebec Superior Court rendered a decision, which enforced the application of new section 54.1 of the Bankruptcy and Insolvency Act. The case, Aliments Möpure inc. (Avis d’intention et de proposition de) (“Möpure”), addressed the (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 11
The New Act Respecting the Legal Publicity of Enterprises and Trusts New Filing Requirements for Partnerships Requests for Production of Documents by the Tax Authorities Your’re Fired!: The Impact on the Exercise of Stock Options
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Legal newsletter for business entrepreneurs and executives, Number 8
THIS EDITION OF LAVERY BUSINESS SUMMARIZES SEVERAL ASPECTS OF THE NEW BUSINESS CORPORATIONS ACT THAT CAME INTO FORCE ON FEBRUARY 14, 2011.
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Quebec in the Corporations Era
The Business Corporations Act (Quebec) (the “QBCA” or the “Act”) comes into force on February 14, 2011. Described as innovative by many, the Act provides a new regime for legal persons currently governed by Parts I and IA of the Companies Act (the “QCA”). The last (…)
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CCAA: Bet on the right horse – the “stalking horse” in Quebec
The case of the arrangement respecting White Birch Paper (the “White Birch Group”) was one of the most significant matters brought before the Commercial Division of the Superior Court of Quebec in 2010. Not only did this matter receive a lot of attention on account of its crossborder (…)
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Legal newsletter for information technology and communication industries players, Number 4
Technology Licences in the Event of Bankruptcy New Quebec Business Corporations Regime The Shareholder Agreement: The ”Specifications” of the Private Corporation Shareholder
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CCAA: The use of credit bids at an auction is scrutiniezed by Quebec Courts
In a recent decision of the Court of Appeal, the Honourable Pierre J. Dalphond confirmed that a secured creditor may use its debt to acquire the assets which are charged with its security interests in the context of a sale process monitored by the Court under the Companies’ Creditors (…)
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Legal Developments for Directors and Officers in Canada dans le livre Executive Risks: A Boardroom Guide 2010/11
Over the past few years, there have been significant developments in both legislation and case law which have had an impact on corporate governance and the obligations and liabilities of directors and officers in Canada. In Canada, directors’ and officers’ statutory liability arises (…)
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Expedition Helicopters Inc. V. Honeywell Inc. – Case Comment - Published in “Insurance Law” (2011)
In Expedition Helicopters Inc. v. Honeywell Inc., a decision released on May 14, 2010, the Ontario Court of Appeal took a robust approach to the enforcement of a forum selection clause in a commercial agreement. The Court decided that if the parties agree to a particular forum for the adjudication (…)
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Legal newsletter for the health and social services network and health-care professionals, Number 1
Harmonization of Clinical Research Contracts in Quebec Recent Cases in the Quebec Court of Appeal on Authorization of Care
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 10
Limited Partners: a Closer Look at Your Liability Voluntary Disclosure: Is It Still a Worthwhile Option for Repenting Taxpayers? The Court of Appeal Recognizes the Right to Claim Legal Fees from a Defaulting Debtor The Superior Court’s Decision in Chambre des notaires du Québec v. (…)
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Can a creditor who institutes a hypothecary recourse recover "Extra-judicial professional fees...for services"? A Quebec Court rules
Since the amendments made to the Civil Code of Québec (“C.C.Q.”) in 2002, article 2762 provides that:2762. A creditor having given prior notice of the exercise of a hypothecary right is not entitled to demand any indemnity from the debtor except interest owing and costs.Notwithstanding (…)
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The Supreme Court of Canada issues its judgment in the Burke case
On October 7, 2010, the Supreme Court of Canada rendered its judgment in the Burke v. Hudson’s Bay Co. case. The Supreme Court dismissed the appeal brought by certain former employees and confirmed the judgment rendered by the Ontario Court of Appeal.
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Legal newsletter for business entrepreneurs and executives, Number 7
AVOID A $15,000 FINE FOR A FIRST OFFENCE UNDER THE ACT RESPECTING OCCUPATIONAL HEALTH AND SAFETY. KNOW YOUR RIGHTS! MANAGEMENT OF TAX-RELATED DOCUMENTS DIRECTOR AND… LIABLE
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Sexual abuse and prescription: The Supreme Court intervenes in an action governed by Quebec law
On October 29, 2010, the Supreme Court rendered a very brief judgment in the case of Christensen v. Roman Catholic Archbishop of Québec and ordered the file be remanded to the Superior Court to assess the evidence in order to determine whether the civil liability action brought in the context of a (…)
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The Superior Court of Québec rules that requirements to provide documents or information under section 231.2 of the Income Tax Act are unconstitutional and of no force and effect insofar as they relate to lawyers and notaries
On April 28, 2005, the Chambre des notaires du Québec filed a petition to declare unconstitutional and of no force and effect requirements issued by the Canada Revenue Agency (CRA) under sections 231.2 and 231.7 as well as subsection 5 of section 232(1) of the Income Tax Act, R.S.C. 1985, c. 1 (5th (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Special Edition
Introduction Remedies for Minority Shareholders Streamlined Regime for Some SMEs Continuance High-low Shares Alienations Affecting Significant Business Activity New Rules Dealing with Corporate Incest Disappearance of the Accounting Test Conclusion
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The Régie and the TAQ reject adverse amendments made to a pension plan
On July 28, 2010, the Tribunal administratif du Québec confirmed a decision of the Régie des rentes du Québec which had refused to register adverse amendments made to a pension plan despite the consent given to the amendments by the sole member of the plan.
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Exclusions of work performed by the insured new interpretation and duty to defend
On September 23, 2010, the Supreme Court of Canada issued an unanimous judgment in the case of Progressive Homes Ltd. v. Lombard General Insurance Co. of Canada, reversing two lower Court judgments of British Columbia which had concluded that the insurer, Lombard, had no duty to defend the general (…)
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Class Actions : The Court says no to retirees
Last August 3, the Superior Court of Québec dismissed the motion for authorization to institute a class action filed by Mr. Michel Dell’Aniello against Vivendi Canada Inc. This decision deals with two subjects of interest, namely, unilateral changes made by an employer to the group insurance (…)
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Legal newsletter for business entrepreneurs and executives, Number 6
This publication was authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. Disclosure Rules Applicable Prior to the Sale of Additionnal Warranties Attornment of Jurisdiction Clause set Aside in Bankruptcy (…)
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The Mont Saint-Sauveur Case: Is the Court of Appeal Thinking Outside the Box in the Assessment of Damages?
On August 25th, the Court of Appeal, for the reasons of Justice Nicholas Kasirer, rendered a significant decision with regard to the duty of care required from ski instructors and the assessment of damages awarded to a victim who developed a serious neurological disorder resulting from a ski (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 9
New Developments Concerning Insider Reporting Requirements Revenu Québec Bares its Teeth at Restaurant Owners Planning for the Unavoidable: The Usefulness of Reviewing a Shareholder Agreement's Redemption Provisions in Case of Death Speech is Silver, Silence is Golden... What about (…)
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Bill C - 300 Accountability or Stigmatization ?
Obviously, as regards the mining industry, Québec will not be the only jurisdiction in which action is expected after the summer break. While the parliamentary commission continues reviewing Bill 79 amending the Mining Act (Québec) , Ottawa is not outdone as the House of Commons must proceed with (…)
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Related-Party Transactions: Can You Avoid the Nightmare?
Are you planning to carry out a transaction? Does it involve a party that is related to your company? If so, you may be forced to obtain an independent valuation and the approval of your minority shareholders, file a geological report, and disclose detailed information. The costs engendered by these (…)
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Hidden Defect, reduction in the purchase price and liability insurance coverage
On June 2, 2010, the Quebec Court of Appeal confirmed the Superior Court’s decision, which dismissed the insured’s action in warranty against his liability insurer under his home owner’s policy. The insured alleged that the purchasers’ claim for reducing the purchase price due to a hidden defect was (…)
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The Supreme Court of Canada Confirms the Jurisdiction of Arbitrators to Decide if Grievances Based on Section 124 of the Arls are Admissible
On July 29, 2010, the Supreme Court of Canada rendered three judgments in which five of the nine judges declared that grievance arbitrators have jurisdiction to decide whether employees who do not have job security and grievance rights under a collective agreement may file grievances based on (…)
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Bitter Bidder Bites the Dust
On May 3, 2010, Justice Clément Gascon of the Superior Court rendered an interesting decision in the context of a motion for authorization of the sale of assets in connection with a restructuring under the Companies' Creditors Arrangement Act.More specifically, the Court considered the fairness of (…)
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Is a clause requiring an employee to reimburse training costs legal?
Can the parties to an individual employment contract include a clause stipulating that the employee must reimburse his training costs to the employer if he resigns? Upon hiring and throughout the course of employment, employers often require employees to receive training. Significant costs can be (…)
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Legal Hypothecs of Construction get Priority over a Super Priority Granted by the Court for dip Financing in Respect of Certain Assets of the Bankrupted Party
Creditors petitioned the Court in order to have it amend the order of priority for payment determined by the trustee, so that their claims have priority over the super priority of the Caisse Populaire, but strictly in respect of part of the assets.
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Legal newsletter for business entrepreneurs and executives, Number 5
SMEs are not Immune from Class-Actions Suits in Competition Law SMEs and Trade-Marks Dividing up Corporate Shares in the Event of Divorce, Separation from bed and Board, or Dissolution of a Civil Union
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Hot Fire Cases: the Goodfellow Case: “The Dormant Fire”, and Café Luxor Case: “Between Two Fires”
In February and March 2010, the Superior Court rendered two interesting decisions in cases involving fires. We will review these decisions, which have a number of features in common, including the considerable sums of money at stake, the lengthy time period between the loss and the trial, and the (…)
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Plan of Arrangement Under the CCAA or Assignment in Bankruptcy Under the BIA: Which Takes Priority?
Which group of creditors is entitled to the money held by a monitor for the purposes of carrying out a plan of arrangement under the CCCA when the debtor goes bankrupt prior to the distribution: only the creditors covered by the plan of arrangement, or all of the creditors, even those not covered by (…)
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Bill 79 Amending the Mining Act: Stimulating the Industry or Another Cause for Concern?
The Québec mining industry is currently at the forefront of discussion. We believe it is useful to sum up, for the time being, the proposed new regulatory developments for Québec’s mining industry. After briefly outlining the current mining context in Québec, we will review certain provisions (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 8
Major Relief for Non-Residents of Canada A New act on Legal Publicity Stock options Can Be advantageous, But Be Careful! Adoption of IFRS and Recent GaaP Changes: The impact on Credit agreements
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The decrease of the income replacement indemnity at 65 years of age is judged to be discriminatory by the Commission des lésions professionnelles
On March 18, 2010, administrative judge Richard Hudon of the Commission des lésions professionnelles (the "Commission") rendered a very interesting decision in the case of Côté et Traverse Rivière-du-Loup St-Siméon.The Commission had to decide whether, on November 29, 2008, the income (…)
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Beware of Punitive Damages in Consumer Law!
The Quebec Court of Appeal recently rendered a long-awaited decision in a consumer protection class action.On February 26th, the Court dismissed the main appeal and cross-appeal in Brault and Martineau Inc. vs. Riendeau for the reasons which were written by Justice Duval Hesler, which were endorsed (…)
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The Interpretation of a Progress Payment by a Bankruptcy Judge Sitting in the Province of Quebec
This publication was authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. A recent Superior Court decision deals with a Progress Payment Agreement and a Master Lease Agreement between a financing company, Maximum (…)
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Q & A on New Insider Reporting Requirements
Acceleration of filing deadline for insider reports Introduction of the concept of reporting insider; and Simplification of disclosure requirements for stock-based compensation arrangements
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The Partnership and the Independent Patrimony of its Partners: the Bankruptcy of Ferme C.G.R. Enr. S.E.N.C.
On April 16, 2010, the Quebec Court of Appeal issued a judgment concerning the right of a general partnership (“S.E.N.C.”) to file for assignment under the Bankruptcy and Insolvency Act without its partners having also filed for the assignment of their assets, themselves.By responding (…)
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Legal newsletter for information technology and communication industries players, Number 3
Breakdown in Negotiations: the Binding Effect of a Letter of Intent Providing Card Transactions Security: Your Responsibility Certificate of Intellectual Property Pertaining to Software
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 7
Quebec Modernizes its Corporate Law Choosing a Name you Intend to Keep Deemed Year-End on Loss of CCPC Status: One Possible Solution Renewal Option or Privilege
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Obtaining, varying, enforcing, or rescinding a child or spousal support order: have you deducted your legal fees this year?
Specific rules apply to the deductibility of legal costs incurred to obtain, vary, enforce or rescind a child or spousal support order. These rules are identical whether one is dealing with child or spousal support orders or agreements. However, the federal and provincial rules pertaining to the (…)
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Legal newsletter for business entrepreneurs and executives, Number 4
Major Reform to Quebec Corporate Law Contesting Property Assessment Basic Notions About Foreign Workers or Business Immigration 101
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The Time Inc. v. Richard decision: the Fine Print Still the Subject of Much Debate
This publication was authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. Article 219 of the Consumer Protection Act states that no merchant may, by any means whatsoever, make a false or misleading representation to (…)
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Securities Brief - Forward-Looking Information
Avoid the use of “boilerplate” disclosure Identify the nature of any material forward-looking information as well as material factors and in the disclosure documents Avoid statements pursuant to which a reporting issuer assumes no obligation to update its statements!
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A lawyer’s freedom of expression : there is a limit to what one can say
With regard to the professional obligations of a lawyer, is it possible outside the physical confines of the tribunal to let a judge know exactly what he thinks of him? Should the response be negative, does it not unduly restrain his right to freedom of expression otherwise guaranteed to all by (…)
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Will your Industrial Activities Allow your Property Assessment to be Reduced?
For citizens living in municipalities whose property assessments are for the years 2010 to 2012, now is the time to do some double-checking. Does the assessment of the building’s value appear adequate? Did those parts of the building that may be exempted from all property and school taxes (…)
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The Member-Funded Pension Plan : a Defined Benefit Pension Plan that Limits the Employer’s Financial Risk
The decision of an employer to offer a pension plan to its employees is an important one. Various types of pension plans may be offered, and the financial risk of the employer depends on the type of plan chosen.While union and employees generally prefer defined benefit pension plans, employers are (…)
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In accommodation matters, the employer must take into consideration both the rights of the employee and those of the clientele
Last August, an arbitrator ruled on a dispute in the context of which accommodation measures were sought for the benefit of a person who had in excess of ten years of seniority and no longer held her position, having been absent for nearly three years for physiological reasons.The arbitration (…)
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Amendments to the Pay Equity Act
The Pay Equity Act (hereinafter the “Act”) celebrated its 10th anniversary in 2006. To mark the occasion, the Commission de l’équité salariale took stock of what had been achieved. After completing this analysis, on May 27, 2009, the National Assembly passed Bill 25, which made (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 6
The Confidentiality Agreement, Can You Live Without It? A Personal Guarantee Attached to the Performance of Special Duties May Terminate Upon Cessation of These Duties Words Vanish: Documents Must be Managed Properly The Federal Law Governing Not-for-profit Organizations Undergoes a (…)
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Despite a Recent Judgment of the Superior Court Pertaining to Employees Hired Through an Employment Agency, the Agency may be the True Employer, Depending on the Circumstances
On December 2, 2009, The Superior Court upheld a decision of the Commission des relations de travail which concluded that nurses hired through an employment agency were employees of the health-care facility and, therefore, covered by the bargaining certificate of the union in question.However, the (…)
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Legal newsletter for business entrepreneurs and executives, Number 3
The member-funded pension plan: a defined benefit pension plan that limits the employer’s financial risk Doing business with the government: a question of transparency Your company and the influenza H1N1 flu pandemic
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Liability Insurance and Reconstituted Families: Where Does the Court of Appeal Stand?
In August 2009, the Court of Appeal issued a judgment in which it ruled on the following interesting practical issues relating to liability insurance: What is the appropriate procedural vehicle for a liability insurer to exercise recourse against another insurer in situations where there is (…)
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Comments on Bill 35 entitled
Passed into law on June 10, 2009, Bill 35 makes significant amendments to the modification of a method of levying assessments under the Act respecting industrial accidents and occupational diseases, the convertion of certain allowances and benefits, a gradual increase in the fines levied under the (…)
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Legal newsletter for information technology and communication industries players, Number 2
Financing and intellectual property — maximizing financing options through intellectual property assets The material adverse change clause: a strong tool Lawsuits against corporate directors: it doesn’t just happen to others!
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The Plan Nord and Aboriginal People
Last November 6, the government of Québec held an important working session that brought together various northern partners for the purpose of ensuring the sustainable and socially responsible development of the vast territory covered by the Plan Nord.This plan essentially aims to accelerate (…)
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Recent developments in pension plans: Reform of federal plans / New Quebec regulation respecting Bill 30
On October 27th, the Minister of Finance announced an important plan to reform federally regulated pension plans. According to the Minister, the Government is proposing “a balanced package of measures for the benefit of pension plan sponsors, plan members and retirees.”Other recent news: (…)
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Can no smoking rules on property be sweeping?
Under the Tobacco Act, employers must prohibit their employees from smoking inside their establishments. However, the Act is mute on no smoking outside, on the company’s land.Can an employer be stricter than the Tobacco Act by implementing a no smoking policy intended to entirely ban smoking (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 5
The Letter of Intent: Beyond the Words, the Intent and Conduct of the Parties Modifying a Trust Deed: It Is Not So Simple! Maximizing the Use of Post-merger Losses
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Legal newsletter for business entrepreneurs and executives, Number 2
Breakdown in negotiations — the binding effect of a letter of intent Being involved in finding solutions ! Bid-rigging - a Lesser known Offence in Competition Law
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Directors’ duties in light of the Peoples and BCE decisions
The Peoples and BCE decisions have shed considerable light upon the parameters and criteria for the exercise of directors’ duties in Canada.The purpose of this bulletin is to provide an update on: the nature and scope of directors’ duties and obligations; the identity of the (…)
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The Facebook revolution: to what extent can user privacy be protected?
Facebook can build an individual’s biography provided enough personal information is uploaded to the user’s profile. Since a user’s private life may be displayed on its site, what are Facebook’s obligations in terms of the protection of personal information?
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The Consumer Protection Act will affect new contracts
This publication was authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. On June 16 2009, the Minister of Justice introduced Bill 60 entitled An Act to Amend the Consumer Protection Act and Other Legislative (…)
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Changes to the obligations of a surety in the context of the restructuring of an insolvent construction company
In 2002, the Québec Court of Appeal acknowledged the importance of sureties in a dispute between a construction company and a supplier. The Court noted that the construction company's losses had been exacerbated by the withdrawal of its surety facility.More recently, the Québec Superior Court (…)
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Pensions: Good News from the Supreme Court of Canada!
In the Kerry decision rendered on August 7th, 2009, the Supreme Court of Canada confirmed that employers may oblige pension funds to pay Plan expenses, that is the expenses associated with the employment of actuaries, accountants, counsel and other service providers required for the administration (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 4
Greater opportunities for GST/QST claims Shielding the directors of a company placed under the protection of the Companies’ Creditors Arrangement Act The value of a trade-mark: a matter of control The Export and Import Permits Act: an act too often overlooked
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The CSST'S New Table of Maximum Consolidation Period: Whistling in the Wind!
Much has been and continues to be written about applications for cost-sharing under section 329 of An Act respecting industrial accidents and occupational diseases (the "AIAOD").The purpose of this provision, which is regularly used by employers, is to counterbalance the consequences of (…)
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Protecting your trade-marks from Facebook usernames
As of June 13, 2009, Facebook Inc. allows Facebook users to create personalized usernames for their Facebook pages on a first-come, first-served basis.
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The Court of Appeal authorizes an insurer to institute a subrogatory recourse as a preventive measure
On May 14, 2009, the Court of Appeal put an end to a controversy in the case law on the interpretation by Article 216 C.C.P. concerning the procedural means available to the insurer to protect its subrogation rights. The Court considered the following question: “Can an insurer, who is being sued by (…)
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The new QSSP has arrived
Introduced in 1979, the Quebec Stock Savings Plan (QSSP) was enormously successful in the 1980s, encouraging the emergence of numerous Quebec SMES. The SME Growth Stock Plan, which replaced the QSSP in 2005, achieved a more mixed success. The 2009-2010 provincial budget attempts to remedy this (…)
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Damages that result from inadequate product performance and tacit waiver of the right to assert a ground for exclusion: the Quebec Court of Appeal clarifies the situation
On September 24, 2008, the Court of Appeal reversed a decision by the Superior Court that had allowed an insured’s claim against its insurer for damages caused as a result of the removal of a product manufactured by the insured.The Court of Appeal ruled that a multi-peril civil liability (…)
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Legal newsletter for business entrepreneurs and executives, Number 1
Can an employer trim its costs by changing one element of its employees’ remuneration ? Entering the “Zone of Insolvency“ - What to do ? Ecomonic slowdown - Some concrete financing indications and how to react
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The Warranty of Quality did not Cover Just the Fireplace !
On April 20, 2009, the Court of Appeal issued its judgment in three related cases concerning a defect in a fireplace that caused a fire resulting in the partial loss of the building owned by Alpha’s insureds. Alpha sued the immediate seller to its insureds as well as the prior owners under the rules (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 3
It’s time to split your income The new rules for public sector contracts The Quebec tax authorities show their claws! Sales of goodwill and capital dividend accounts: watch out for the pitfalls!
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A Fly in the Water Bottle: The Supreme Court Defines Reasonable Foreseeability in Negligence Actions
On May 22, 2008, the Supreme Court of Canada rendered its decision in a case involving the notion of reasonable foreseeability in negligence actions. This judgment, written by the Chief Justice, confirms that tort law must compensate harm done on the basis of reasonable foresight, and must not be (…)
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Maintaining a Harmonious Relationship With Your Neighbours Can Prevent Class Actions!
The Supreme Court of Canada ended a lengthy legal saga on November 20th, 2008 when it ordered St.Lawrence Cement Inc. to compensate residents of Beauport living near its cement plant. Comments on prescription, the assessment of damages and the granting of future damages.The Supreme Court's decision (…)
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New Labour Standards: Leave for Reservists, the Concept of Cohabitation and the new Advance Notice for Paternity Leave
Various changes were recently made to the Act respecting labour standards essentially applicable to the following:* the introduction of a new type of authorized leave for employees who are also reservists of the Canadian Forces;* the clarification of the concept of spousal cohabitation with regard (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 2
Acquisition of control of a corporation… Unexpected tax consequences The corporate veil again! Resigning as a director: It’s not merely a formality! Don’t forget the deemed year-end!
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The Supreme Court of Canada lays down a new test for applying a faulty or improper design exclusion
The Supreme Court of Canada lays down a new test for applying a "faulty or improper design" exclusion
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Neighbourhood Disturbances: The Supreme Court of Canada Rules
Neighbourhood Disturbances: The Supreme Court of Canada Rules
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The Anastasia Act: Implications for School and Health Networks
The Act to protect persons with regard to activities involving firearms and amending the Act respecting safety in sports was assented to on December 13, 2007 and came into force on September 1, 2008. This Act was passed in the wake of the tragic events that occured at Dawson College in September (…)
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The Commission des Relations du Travail has Exclusive Jurisdiction to Hear Complaints Made Under Section 124 of the Act Respecting Labour Standards
On June 2, 2008, following the hearing of six cases at the same time, the Quebec Court of Appeal ruled that section 114 of the Labour Code grants exclusive jurisdiction to the Commission des relations du travail to hear complaints made under section 124 of the Act respecting Labour Standards.Despite (…)
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CSST Assessments and Third-Party Fault
Many employers are rightly concerned about the significant amounts they are required to pay to the Commission de la santé et de la sécurité du travail in respect of employment injuries sustained by their employees.The general rule underlying the financing system of the regime is that the cost of (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 1
Unexpected tax consequences - Is rectification or nullification possible? Shortage of manpower? Penalties on third parties - Something that concerns you! Requirement for reporting issuers to publicly disclose certain material contracts
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Manufacturers, Importers, Distributors and Retailers: the Public’s Safety is your Business
The increasing number of recalls of consumer products in recent years is indicative of a trend that has raised concerns for governmental authorities. In response, the Canadian government announced, on April 8, 2008, a reform of the existing legislation to strengthen the protection of human health (…)
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The Hydro-Québec Case: The Supreme Court Confirms That There are Definitive Limits to an Employer's Duty to Accomodate
On July 17, 2008, the Supreme Court of Canada rendered a unanimous judgment setting aside the ruling by the Quebec Court of Appeal and affirming that the employer had fulfilled its duty to accommodate in the case of Hydro-Québec v. Syndicat des employé-e-s de techniques professionnelles et de bureau (…)
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Jurisdiction up in the air?
The Quebec Court of Appeal has issued an important decision concerning the application of zoning by-laws to aeronautical activities. In Lacombe et al. v. Sacré-Coeur (Municipalité de), the Court was called upon to rule on a sensitive issue respecting the division of jurisdiction between the federal (…)
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Manufacturers, Importers, Distributors and Retailers: the Public's Safety is your Business
Manufacturers, Importers, Distributors and Retailers: the Public's Safety is your Business
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The Chicken, the Egg, the Producer - the Quebec Court of Appeal Knows Which Came First!
One more lengthy battle in a legal saga has just come to an end. Indeed, on June 4, 2008, the Court, comprised of Quebec’s Chief Justice, Michel Robert, and Justices Jacques Chamberland and Louis Rochette, rendered a unanimous judgment.To set the stage, consider a salmonella outbreak in (…)
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In the Wake of Domtar: Manufacturers' and Professional Vendors' Liabilities - Separate Defences
In one of the first decisions in Quebec since the landmark Domtar case, the Québec Court of Appeal has refined the parameters of the liability of a professional vendor and of a manufacturer for a latent defect. In this case, Joseph Élie Limitée had sold an oil tank manufactured by Réservoirs (…)
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The Transpavé Inc. Case: a Quebec Company Pays for its Negligence
On March 17, 2008, the Court of Québec fined Transpavé Inc. $110,000 after it pleaded guilty to a charge of criminal negligence causing the death of one of its employees. This is a first in Canada since the Criminal Code was amended so that an organization could be found guilty of criminal (…)
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Labour Shortages and Foreign Workers
Difficulties in recruiting skilled employees and the labour shortage in some sectors are currently a source of headaches for many businesses. In this context, one solution may be to consider hiring foreign workers. In a press release published in September 2007, the Fédération des chambres de (…)
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Your Contracts: a Systematic and Disciplined Approach is Called for
Every day, and several times a day, we enter into contracts without knowing it or without considering and controlling their effects. This bulletin provides a brief and non-exhaustive summary to help you better understand, prepare for and monitor your contractual environment.Do you know that a (…)
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New Labour Standards: Authorized Absences due to a Criminal Offence, the Disappearance of a Child or the Suicide of a Close Relative
New Labour Standards: Authorized Absences due to a Criminal Offence, the Disappearance of a Child or the Suicide of a Close Relative
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The Court of Appeal Rules on the Validity of an Alcohol and Drug Detection Policy in Light of the Charter of Human Rights and Freedoms
On December 6, 2007, the Quebec Court of Appeal declared that part of Goodyear’s alcohol and drug detection policy implemented in its Valleyfield plant in the summer of 2004 was valid. The Court of Appeal’s judgement maintained in part a decision rendered on April 21, 2006 by the (…)
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New Labour Standards: Authorized Absences due to a Criminal Offence, the Disappearance of a Child or the Suicide of a Close Relative
The Act respecting labour standards (hereinafter the "ALS") was amended recently concerning absences due to sickness or accident and absences for family or parental reasons. In particular, these amendments include the employee’s right to be absent from work for a period ranging (…)
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The Role of the Chair of the Board of Directors
The role and duties of a Chair are not defined and circumscribed in incorporating statutes (federal and Quebec) except in the case of Quebec government-owned corporations and then, only in part. Boards of directors have been at the centre of the public debate on corporate governance in recent years. (…)
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Class action and competition law: Toyota wins in the Court of Appeal
Class action and competition law: Toyota wins in the Court of Appeal
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The Manufacturer-Seller's Warranty in Québec: Still "Distict"!
In late November 2007, the Supreme Court rendered a judgment on the law of sale in Quebec in the case of ABB Inc. v. Domtar Inc. in which it pointed out important differences between Quebec law and the law of the other Canadian provinces regarding limitation of liability clauses. It also clarified (…)
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Who is Insured in the Blended Family Era?
On September 27, 2007, Mr. Justice Jean-Guy Dubois of the Superior Court rendered a judgment interpreting the definition of the word “insured” in an insurance policy, more particularly as regards the exclusion of damages caused to a [Translation] “person living under the same roof (…)
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Settlements: Don't Forget the Tutorship Council!
Settlements: Don't Forget the Tutorship Council!
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Specialized Medical Centres: Newcomers in the Healthcare System
Since January 1, 2008, the “specialized medical centres” provided for in the Act to amend the Act respecting health and social services and other legislative provisions are part of our healthcare system. They were created in response to the Supreme Court’s decision in the (…)
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Can Last Chance Agreements and the Duty to Accommodate Live Side-by-side?
A last chance agreement is an arrangement entered into between an employer, an employee with serious and persistent behavioral problems and, where applicable, the union, that gives the employee a final chance. Such an agreement imposes strict conditions to be met by the employee in order to maintain (…)
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December 13th is coming up fast! Is your pension committee ready?
December 13th is coming up fast! Is your pension committee ready?
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Notice of Accident Insurance Claim: One Year, No More
In its judgment in Bourcier v. La Citadelle rendered on September 4, 2007, the Court of Appeal confirmed that the insured accident victim must inform the insurer no later than one year following the date of the accident, in accordance with Article 2435 C.C.Q. Failure to do so results in forfeiture (…)
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The Court of Appeal Warns Petitioners in Motions for Authorization Against Group Descriptions that are too Broad and Disproportionate
On September 26, 2007, the Court of Appeal dismissed the appeal of appellant Citizens for a Quality of Life and upheld the judgment of the Superior Court dated December 14, 2004, which had refused to grant its motion for authorization to institute a class action against Aéroports de Montréal on the (…)
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New Insurer
On August 16, 2007, the Court of Appeal issued a judgment pertaining to the absence of an initial discloser of risk to the new insurer in the context of the transfer of an insurance portfolio by a broker. An insurer who accepts the transfer of a policy without ascertaining its current exposure to (…)
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In-house Counsel's Obligations - Under Certain Provisions of the Code of Ethics of Advocates
The Code of ethics of advocates (R.R.Q., 1981, c. B-1, r.1) (the “Code”) applies to all lawyers inscribed on the Roll of the Order of Advocates “regardless of the context or manner in which he engages in his professional activities or the nature of his contractual relationship with (…)
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Our Client Transat Tours Canada Inc. Prevails in the Supreme Court - A precedent Favourable to Canadian Businesses Is Established in a Matter Involving Injunctions and Private International Law
Our Client Transat Tours Canada Inc. Prevails in the Supreme Court - A precedent Favourable to Canadian Businesses Is Established in a Matter Involving Injunctions and Private International Law
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Recent Amendments Concerning the National Holiday: Enactment of Bill 10 and its Impacts on Certain Employers
Recent Amendments Concerning the National Holiday: Enactment of Bill 10 and its Impacts on Certain Employers
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Regulation 45-106 and Restrictions on the Transfer of Securities: Did We Cry Wolf Too Fast?
Regulation 45-106 and Restrictions on the Transfer of Securities: Did We Cry Wolf Too Fast?
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The Federal Regulatory Framework for Greenhouse Gases and other air emissions: a
In accordance with its announcement in its Notice of Intent published on October 21, 2006, the federal government, on April 26, published the regulatory framework it favours for greenhouse gas emissions and other air pollutants.The “Regulatory Framework for Air Emissions”, despite its (…)
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Bill 30: Is your pension committee ready for December 13, 2007?
The countdown has begun! Have the governance rules for your pension committee been set out in an internal by-law? If not, there's no time to lose! The deadline is December 13, 2007.In the wake of the increasing number of lawsuits in Quebec and elsewhere in Canada involving the responsibilities of (…)
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Two of our partners honoured with Québec Bar Mérite awards
Two of our partners honoured with Québec Bar Mérite awards
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Do the costs of a correcting manufacturing defect result from an accident?
Can the cost of remedying a manufacturing defect be considered as damage resulting from an "accident" covered under a liability insurance policy?This is the question the Quebec Court of Appeal considered recently. Its judgement is of interest not only as regards to the Court of Appeal's (…)
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When Should a Director Resign?
The title of this Newsletter was deliberately chosen to attract attention, because while very relevant, the question nevertheless receives little attention. Moreover, proper comprehension of the issue is often clouded by ignorance of the applicable rules, by conflicts of interest or by a certain (…)
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Recent CLP Decision: the obligation to give reasons for its decisions and the power to issue a stay of proceedings
On January 22, 2007, the Commission des lésions professionnelles (the "Board") handed down a decision in Harvey et Brasserie Labatt ltée further to a motion for revocation filed by the employer against a decision rendered by a first commissioner.This decision deals with the reasons that (…)
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Discrimination at work: Grievance Arbitrator or Human Rights Tribunal of Quebec... The debate rages on!
On November 30, 2006, the Human Rights Tribunal of Quebec released a judgment in which it concluded that a grievance arbitrator did not have jurisdiction over litigation stemming from allegations of employment discrimination.In the case of Commission des droits de la personne et des droits de la (…)
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The insurer's duty to inform: an increasingly heavy burden
It is known that an insurer has a considerable duty to inform in group insurance. The Superior Court in a decision specified the extent of this duty in Tanguay et al v. L'Ordre des ingénieurs du Québec and The Manufacturers Life Insurance Company of North York, doing business under the name (…)
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Absenteeism and the Duty to Accommodate: the Supreme Court grants Hydro-Québec Leave to Appeal
Absenteeism and the Duty to Accommodate: the Supreme Court grants Hydro-Québec Leave to Appeal
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Disability and the duty to accommodate: loss of seniority and loss of employment clauses are still relevant!
The Supreme Court of Canada recently handed down a highly anticipated judgment in McGill University Health Centre (Montreal General Hospital) (the “MUHC”) vs. Syndicat des employés de l’Hôpital Général de Montréal (2007 SCC 4). This case sets out the scope of an employer’s (…)
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Lavery, de Billy wins two class action lawsuits
Lavery, de Billy wins two class action lawsuits
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Disability and duty to accommodate: The Supreme Court of Canada allows the employer's appeal
Disability and duty to accommodate: The Supreme Court of Canada allows the employer's appeal
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Neighbourhood annoyances: the Court of Appeal rules against the principle of no fault liability
On October 31, 2006, the Court of Appeal rendered two key decisions on the issue of neighbourhood annoyances in Quebec. It is greatly to their credit that these two judgments represent a return to more reasonable legal bases on this issue. The two Court of Appeal decisions followed trial court (…)
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The liability of manufacturers and specialized sellers: the Court of Appeal tightens the screw
The Court of Appeal rendered an important decision on October 31, 2006, which dealt with the liability of manufacturers and professional sellers, as well as several other related issues. More specifically, the Court of Appeal tightened the screw on the issue of manufacturers' presumed knowledge of (…)
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Compulsory deduction of drug insurance premiums: a new obligation for employers
Do you offer your employees group insurance? If so, since January 1, 2007, under the Act respecting prescription drug insurance, you must deduct directly from the remuneration paid to each of your employees his or her portion of the premium applicable to the basic prescription drug insurance (…)
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Watering down class actions? Not really...
On October 18th, 2006, the Quebec Court of Appeal rendered a much-awaited decision regarding class actions. The province’s highest court was called upon to rule on the issue of whether, when there is a multiplicity of defendants, it is necessary that a legal relationship exist between the (…)
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An Estate Plan for the Business Owner-Manager: Why and How
If you are a business-owner-leader whose years of hard labour earned him substantial wealth, you certainly wish to maximize the value of the assets that will be transferred to your heirs. You also want such transfer to proceed harmoniously and at the lowest tax cost possible. To achieve these goals, (…)
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Has the contractor with whom you are doing business paid his assessments to the CSST? You could be held responsible as the employer who retained his services ...
Has the contractor with whom you are doing business paid his assessments to the CSST? If he hasn’t, you could be held responsible for payment of these assessments as the employer who retained his services!An employer who receives a notice of assessment or a request for information from the (…)
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Watering down class actions? Not really?
Watering down class actions? Not really?
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Has the contractor with whom you are doingbusiness paid his assessments to the CSST? You could be held responsible as the employer who retained his services ?
Has the contractor with whom you are doingbusiness paid his assessments to the CSST? You could be held responsible as the employer who retained his services ?
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Notice to all employers! Do you provide prescription drug insurance? Important changes come into effect on January 1, 2007
Notice to all employers! Do you provide prescription drug insurance? Important changes come into effect on January 1, 2007
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The Federal Government's New Green Approach
The new federal strategy respecting greenhouse gas reduction was finally unveiled on October 19, 2006. A few days later, on October 21st, the Government published its Notice of Intent which outlines the measures that it intends to develop and implement to reduce air emissions. We invite you to read (…)
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Recent developments in the area of psychological harassment: an overview of the decisions pertaining to the interpretation of the new provisions of the Act respecting labour standards
The new provisions pertaining to psychological harassment that were added to the Act respecting labour standards on June 1, 2004, have given rise to many arbitration awards and interpretations over the last two years that have expounded on the concept of psychological harassment.In the light of (…)
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Recording in the work environment: do your telephone conversations belong to you?
Recording in the work environment: do your telephone conversations belong to you?
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An Act to amend the Consumer Protection Act and the Act respecting the collection of certain debts: is your Website ready?
This publication was authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. On November 9, 2006, the Minister of Justice introduced Bill 48, entitled An Act to amend the Consumer Protection Act and the Act respecting (…)
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Can a foreign court compel the examination of witnesses and the production of documents located in Quebec?
Assuming that a foreign court exercises the power to issue letters rogatory or to appoint a commission to examine a witness in Quebec and to ask him to produce some documents, how can that be carried out in Quebec and is there a "blocking statute" protecting some of the documents? We (…)
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Reflexions on the legal framework applicable to land use planning (Available in French only)
Reflexions on the legal framework applicable to land use planning (Available in French only)
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The Court of Appeal clarifies the extent of a financial institution's duty to inform in situations involving loan insurance
On July 17, 2006, the Court of Appeal rendered a judgement concerning the duty of financial institutions making loans to inform and advise their clients. This decision sheds further light on the obligations of group loan insurance policyholders.
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Directors of Quebec non-profit organizations (NPOs)
A person who agrees to be a director of a non-profit organization should not consider his role to be a honorary one or think that his obligations are limited to giving or collecting money or providing advice to its officers. All directors have the same duties and are ultimately subject to the same (…)
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Bird flu: businesses asleep at the wheel could wake up with a nasty headache
As the poultry farming crisis looms and countries are on the lookout for outbreaks of infection, scientists are closely following the evolution of the virus, which is moving to new sources of infection.Before a crisis is on our doorstep, businesses should prepare themselves for the consequences of a (…)
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Is it permissible to communicate with the employees of the opposite party? Do the employees then have a duty of loyalty?
These questions arise periodically and always pose problems of conscience for the lawyers and employers concerned. A recent decision of the Court of Appeal sets out the latest state of the law on the subject.
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The Court of Appeal on the concept of intentional fault: insurers have a heavy burden of proof
On May 12, 2006, the Court of Appeal rendered a decision in a case involving the concept of intentional fault. This judgement once again further complicates the idea of an intentional fault committed by an insured.
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New funding and governance rules for defined benefit pension plans: the legislature takes a position
On June 14th, Bill 30, entitled An Act to amend the Supplemental Pension Plans Act, particularly with respect to the funding and administration of pension plans, was tabled in the National Assembly by Ms. Michelle Courchesne, the Minister of Employment and Social Solidarity. The highlights of the (…)
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The Supreme Court of Canada sets aside the award for punitive damages against an insurer
The Supreme Court's analysis of punitive damages will have limited scope in Quebec civil law given the different rules governing the awarding of such damages. The abusive refusal of a claim by an insurer does not necessarily result in an award for punitive damages. However, if such a refusal (…)
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Cross-Border Class Actions - A Canadian Perspective
Cross-Border Class Actions - A Canadian Perspective
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Clearing the air in the workplace: The Tobacco Act's new provisions and the implementation of employer's policy
Enacted in June 1998, the Tobacco Act (the «Act») is a major component of the Government of Quebec’s strategy to fight smoking.In June 2005, Quebec’s legislature reinforced the Act by adopting the Act to amend the Tobacco Act and other legislative provisions (the (…)
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The Nominee director and conflicting loyalties
In most cases, the interests of the shareholder or of the member who arranged for the nominee's election should correspond to the best interests of the company. Precautions must and can be taken to avoid problems.
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A recent Quebec Court of Appeal decision involving extra-contractual liability of directors
On February 2, 2006, the Quebec Court of Appeal rendered an interesting judgement involving directors’ liabilities in the case of Johnson and Marcil v. André Arthur et al (500-09-012808-028), a lawsuit for slander.
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The Kyoto Protocol: three steps to take under the legal framework
The Kyoto Protocol: three steps to take under the legal framework
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Determination of the real employer under the Act respecting Industrial Accidents and Occupational Diseases when a business entrusts the management of its human resources to a personnel agency
Generally, Labour Relations laws assume the interaction of two parties, an employer and an employee. The employee offers his services, for pay, to an employer, who determines the working conditions and ensures discipline. This is a bipartite relationship. However, when a business entrusts the (…)
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Absenteeism and the obligation to accommodate: When the employer is required to consider the measures recommended by the medical experts
In a judgment rendered on February 7, 2006, the Quebec Court of Appeal reiterated the obligations of the employer and the employee to play a role in seeking a reasonable accommodation. In cases where a collective agreement exists, the union has the same obligation.More specifically, the Court of (…)
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Canada: Class Actions in Competition Damage Matters (Available in French only)
Canada: Class Actions in Competition Damage Matters (Available in French only)
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The new Quebec Parental Insurance Plan: What should you know?
The new Quebec Parental Insurance Plan: What should you know?
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Are the Courts Distorting the Nature of Class Actions?
Are the Courts Distorting the Nature of Class Actions?
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Psychological Harassment in the Workplace: What's New?
Since June 1, 2004, the Labour Standards Act (hereinafter the "L.S.A.") requires employers to provide a work environment free from psychological harassment. Thus, employers must, as a first step, take reasonable measures to prevent psychological harassment and then, whenever they become (…)
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Amendments to the Annual Declarations System for Enterprises in the Province of Québec
Some important changes to the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (the “Act”) took place effective January 1 st, 2006.The Act generally applies to all legal persons, partnerships and individuals carrying on an activity in the (…)
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Disability Insurance: the Right to a Counter Expertise
Disability Insurance: the Right to a Counter Expertise
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The Application of Ontario's Bill 198 to Securities Class Actions in Quebec
The Application of Ontario's Bill 198 to Securities Class Actions in Quebec
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Corporate Directors: Suggested Precautions
Corporate Directors: Suggested Precautions
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Insurance and Youthful Sins
Insurance and Youthful Sins
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Directors' Liability, Indemnification and Insurance Coverage
Directors' Liability, Indemnification and Insurance Coverage
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New Private Placement Rules: Quebec Harmonizes its Rules with the Rest of Canada
New Private Placement Rules: Quebec Harmonizes its Rules with the Rest of Canada
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The Direct Recourse of a Subrogated Insurer
The Direct Recourse of a Subrogated Insurer
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Fraudulent Misrepresentations: the Court of Appeal Revisits the Test
Fraudulent Misrepresentations: the Court of Appeal Revisits the Test
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Contaminated Land: Should the Vendor or the Purchaser Perform the Site Characterization Study?
Contaminated Land: Should the Vendor or the Purchaser Perform the Site Characterization Study?
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Determining Who Is a Reasonable Insurer: Is Evidence By an Expert Witness Required? That Is the Question
Determining Who Is a Reasonable Insurer: Is Evidence By an Expert Witness Required? That Is the Question
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What To Do When You Receive an Unexpected Call or Visit From the Competition Bureau
What To Do When You Receive an Unexpected Call or Visit From the Competition Bureau
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Carrying on Professional Activities and Limited Liability
Carrying on Professional Activities and Limited Liability
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The New Corporate Governance Rules and Guidelines
The New Corporate Governance Rules and Guidelines
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Access to Medical Record - The Principle of Relevance and the Extent of Disclosure
Access to Medical Record - The Principle of Relevance and the Extent of Disclosure
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An Arbitrator Rules On the Validity of an Alcohol Consumption and Drug Use Policy
An Arbitrator Rules On the Validity of an Alcohol Consumption and Drug Use Policy
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Beware of Allegations of Fraud in Insurance: Words Fly Away, Writing Remains!
Beware of Allegations of Fraud in Insurance: Words Fly Away, Writing Remains!
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Increase Your Sales Through Licensing New edition
Increase Your Sales Through Licensing New edition
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What's the Use? (Espace Montréal)
What's the Use? (Espace Montréal)
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The Court of Appeal Holds that an RRSP is a Trust, and Therefore Exempt from Seizure
The Court of Appeal Holds that an RRSP is a Trust, and Therefore Exempt from Seizure
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The Immediate Effects of the Kyoto Protocol and Canada's Green Project: Through the Maze in 15 Questions and Answers
The Immediate Effects of the Kyoto Protocol and Canada's Green Project: Through the Maze in 15 Questions and Answers
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The Court of Appeal Rules on the Constitutionality of the Code of Civil Procedure Amendments Governing Authorizations to Institute Class Actions
The Court of Appeal Rules on the Constitutionality of the Code of Civil Procedure Amendments Governing Authorizations to Institute Class Actions
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The Immediate Effects of the Kyoto Protocol and Project Green on Canadian Companies
The Immediate Effects of the Kyoto Protocol and Project Green on Canadian Companies
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Clauses Related to Disability Leave, Administrative Dismissal, and the Loss of Seniority and Employment Are Not Automatic!
Clauses Related to Disability Leave, Administrative Dismissal, and the Loss of Seniority and Employment Are Not Automatic!
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Nullity of an Insurance Contract and Criminal History: Clear and Specific Questions Must Be Asked
Nullity of an Insurance Contract and Criminal History: Clear and Specific Questions Must Be Asked
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Recent Developments Respecting Corporate Governance and Directors' Liability
Recent Developments Respecting Corporate Governance and Directors' Liability
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A Marriage Contract: For the Optimal Planning of a Second Marriage
A Marriage Contract: For the Optimal Planning of a Second Marriage
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The Superior Court Dismisses Three Motions for Authorization to Institute a Class Action
The Superior Court Dismisses Three Motions for Authorization to Institute a Class Action
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When the Duty to Investigate Prevails Over Misrepresentations
When the Duty to Investigate Prevails Over Misrepresentations
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Cross Canada Claims Check Up!
Cross Canada Claims Check Up!
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Exclusion Raised Belatedly Without a Problem!
Exclusion Raised Belatedly Without a Problem!
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Directors Duties Defined: The Supreme Court of Canada Confirms that Directors Owe No Fiduciary Duty to Creditors
Directors Duties Defined: The Supreme Court of Canada Confirms that Directors Owe No Fiduciary Duty to Creditors
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A Bank's Obligations Respecting Credit Insurance Management
A Bank's Obligations Respecting Credit Insurance Management
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The Employer as Agent of the Insurer
The Employer as Agent of the Insurer
-
You, the Unnamed Insured and Intentional Fault: the Right Result, But Is It the Right Interpretation?
You, the Unnamed Insured and Intentional Fault: the Right Result, But Is It the Right Interpretation?
-
Ten Good Reasons To Take Your Company Public
Ten Good Reasons To Take Your Company Public
-
Insurance for Your Party
Insurance for Your Party
-
Management of Excessive Absenteeism Files: Some Guidance
Management of Excessive Absenteeism Files: Some Guidance
-
RRSPs: The Exemption from Seizure Comes at a Price
RRSPs: The Exemption from Seizure Comes at a Price
-
Taking Your Company Public: Sounds Interesting?
Taking Your Company Public: Sounds Interesting?
-
New private placement rule in Quebec
New private placement rule in Quebec
-
Safeguard Order In Disability Insurance Cases: The Court Of Appeal Rules
Safeguard Order In Disability Insurance Cases: The Court Of Appeal Rules
-
If You Own Property In The United States, You Need To Rethink Your Strategy!
If You Own Property In The United States, You Need To Rethink Your Strategy!
-
An Act to facilitate the payment of support: an update (R.S.Q., c.P-2.2)
An Act to facilitate the payment of support: an update (R.S.Q., c.P-2.2)
-
Doing Business in China: Know the Rules
Doing Business in China: Know the Rules
-
Setting Up A Trust: An Attractive Solution For Your Asset Protection Needs
Setting Up A Trust: An Attractive Solution For Your Asset Protection Needs
-
Inspection and Investigation By the ministère de l'Environnement: It's Up to You...
Inspection and Investigation By the ministère de l'Environnement: It's Up to You...
-
Fire: The Lessee at Fault Has Full Liability!
Fire: The Lessee at Fault Has Full Liability!
-
Guidelines on the Role of Experts: the Commission des lésions professionnelles Takes Action!
Guidelines on the Role of Experts: the Commission des lésions professionnelles Takes Action!
-
Important Development Relative to Private Placements in Quebec: Availability of the Accredited Investor Exemption for Quebec Investors
Important Development Relative to Private Placements in Quebec: Availability of the Accredited Investor Exemption for Quebec Investors
-
Demystifying Swaps
Demystifying Swaps
-
Countdown to Implementation of Legislation on Psychological Harassment in the Workplace
Countdown to Implementation of Legislation on Psychological Harassment in the Workplace
-
The Protection and Rehabilitation of Contaminated Land: Be More Careful Than Ever in Your Transactions!
The Protection and Rehabilitation of Contaminated Land: Be More Careful Than Ever in Your Transactions!
-
Bill C-45 and Safety in the Workplace: What You Should Know!
Bill C-45 and Safety in the Workplace: What You Should Know!
-
New Continuous Disclosure Obligations Regime
New Continuous Disclosure Obligations Regime
-
The Rights of Lessors and Instalment Sellers: The Supreme Court of Canada Shall Render a Decision Shortly
The Rights of Lessors and Instalment Sellers: The Supreme Court of Canada Shall Render a Decision Shortly
-
Maintenance and Repair Work on a Building: Are You Subject to the Rules Governing the Construction Industry?
Maintenance and Repair Work on a Building: Are You Subject to the Rules Governing the Construction Industry?
-
Section 45 of the Labour Code and the Transfer of Part of the Operation of an Undertaking: The New Provisions Come Into Force on February 1, 2004!
Section 45 of the Labour Code and the Transfer of Part of the Operation of an Undertaking: The New Provisions Come Into Force on February 1, 2004!
-
Do You Plan to Distribute Insurance Products Other Than Through a Representative?
Do You Plan to Distribute Insurance Products Other Than Through a Representative?
-
In 2004, Don't Forget to Renew Your Security Agreements Originally Registered in 1994
In 2004, Don't Forget to Renew Your Security Agreements Originally Registered in 1994
-
Section 45 of the Labour Code and the Transfert of Part of the Operation of an Undertaking (Bill 31)
Section 45 of the Labour Code and the Transfert of Part of the Operation of an Undertaking (Bill 31)
-
Accidental Death Benefit Provision: Did the Insured Expect to Die?
Accidental Death Benefit Provision: Did the Insured Expect to Die?
-
Directors make mistakes (CA Magazine.com)
Directors make mistakes (CA Magazine.com)
-
Turnkey Contracts - the Client's Perspective
Turnkey Contracts - the Client's Perspective
-
A Dual Mandate but a Single Duty of Loyalty
A Dual Mandate but a Single Duty of Loyalty
-
Marriage and Civil Union: Is It All the Same?
Marriage and Civil Union: Is It All the Same?
-
Can a Supplier Refuse to Sell a Product?
Can a Supplier Refuse to Sell a Product?
-
Not Telling the Truth is Not Necessarily Lying (Art. 2472 C.C.Q.)
Not Telling the Truth is Not Necessarily Lying (Art. 2472 C.C.Q.)
-
The Taxation of Venture Capital Financing
The Taxation of Venture Capital Financing
-
Psychological Harassment in the Workplace: See to it Before June 1st, 2004...
Psychological Harassment in the Workplace: See to it Before June 1st, 2004...
-
Increase in Class Actions for Violations of the Competition Act - How to Protect Your Business Today
Increase in Class Actions for Violations of the Competition Act - How to Protect Your Business Today
-
The TSX Venture Exchange CPC Program - A New Way to Obtain Financing and Go Public
The TSX Venture Exchange CPC Program - A New Way to Obtain Financing and Go Public
-
Searching for Venture Capital - Before Anything Else, You Must Be Well Aware of Investors' Requirements
Searching for Venture Capital - Before Anything Else, You Must Be Well Aware of Investors' Requirements
-
Lessors and Instalment Sellers: Beware!
Lessors and Instalment Sellers: Beware!
-
Are You the Owner of a Groundwater Catchment Site? Do You Collect Groundwater? Is Your Land Located Near a Water Intake? Have You Taken the Necessary Steps?
Are You the Owner of a Groundwater Catchment Site? Do You Collect Groundwater? Is Your Land Located Near a Water Intake? Have You Taken the Necessary Steps?
-
The Steps to a Successful - Venture Capital Financing Round
The Steps to a Successful - Venture Capital Financing Round
-
Filomena Di Paolo v. Cigna compagnie d'assurance sur la vie : Cigna Life Succeeded in Proving that the Insured Was a Malingerer
Filomena Di Paolo v. Cigna compagnie d'assurance sur la vie : Cigna Life Succeeded in Proving that the Insured Was a Malingerer
-
New Fee Régime in Ontario
New Fee Régime in Ontario
-
Peoples Department Stores v. Wise: The Directors Are Not Personally Liable in Bankruptcy
Peoples Department Stores v. Wise: The Directors Are Not Personally Liable in Bankruptcy
-
The Commission des relations du travail: A New Beginning!
The Commission des relations du travail: A New Beginning!
-
Insurability Report for Credit Insurance: the Obligation is primarily Incumbent upon Applicant
Insurability Report for Credit Insurance: the Obligation is primarily Incumbent upon Applicant
-
The Family Trust: a Tax Planning Tool
The Family Trust: a Tax Planning Tool
-
Fenêtres Magistral Windows inc. -vs- M. Sarto Blouin - The Revocation of the Striking off of Registration is Effective Retroactively
Fenêtres Magistral Windows inc. -vs- M. Sarto Blouin - The Revocation of the Striking off of Registration is Effective Retroactively
-
The Insurable Interest of Undivided Co-Owners
The Insurable Interest of Undivided Co-Owners
-
Major Reform
Major Reform
-
Decision of the Quebec Court of Appeal mentioned in Ian Rose's Publication Peoples Department Stores v. Wise: The Directors Are Not Personally Liable in Bankruptcy - (Unofficial English translation)
Decision of the Quebec Court of Appeal mentioned in Ian Rose's Publication Peoples Department Stores v. Wise: The Directors Are Not Personally Liable in Bankruptcy - (Unofficial English translation)
-
Competition Law: Directors' and Officers' Liability
Competition Law: Directors' and Officers' Liability
-
RRSPs: Do Your Really Know Your Way Around?
RRSPs: Do Your Really Know Your Way Around?
-
What is Privileged Information? Forewarned is Forearmed!
What is Privileged Information? Forewarned is Forearmed!
-
Statutory Examinations: Their Use Before the Courts is Not Automatic
Statutory Examinations: Their Use Before the Courts is Not Automatic
-
Increase Your Sales Through Licensing New edition
Increase Your Sales Through Licensing New edition
-
Multi-Jurisdictional Class Actions in Canada : Pragmatism Over Principle ?
Multi-Jurisdictional Class Actions in Canada : Pragmatism Over Principle ?
-
The New Commission des relations du travail Soon in Operation
The New Commission des relations du travail Soon in Operation
-
Competition Law: The Need for Compliance Programs
Competition Law: The Need for Compliance Programs
-
The Appearance of a Package and Trade-Marks
The Appearance of a Package and Trade-Marks
-
Is Your Business Protected Against Prosecutions Under the Competition Act? Are You Protected Personally?
Is Your Business Protected Against Prosecutions Under the Competition Act? Are You Protected Personally?
-
Taxes Upon Death: Know How to Take Advantage of Planning Opportunities
Taxes Upon Death: Know How to Take Advantage of Planning Opportunities
-
Listing on a Stock Exchange
Listing on a Stock Exchange
-
Act Quickly to Split Income
Act Quickly to Split Income
-
Protecting One's Trade-Marks: A Winning Strategy
Protecting One's Trade-Marks: A Winning Strategy
-
Class Actions and The Life Insurance Industry
Class Actions and The Life Insurance Industry
-
Death of an Insured While Committing a Crime and the Right of an Innocent Beneficiary to the Insurance Indemnity
Death of an Insured While Committing a Crime and the Right of an Innocent Beneficiary to the Insurance Indemnity
-
The Supreme Court of Canada Upholds an Order of $1 Million in Punitive Damages Against an Insurer - Found to Be In Bad Faith
The Supreme Court of Canada Upholds an Order of $1 Million in Punitive Damages Against an Insurer - Found to Be In Bad Faith
-
The Right of an Excess Insurer to Intervene in Litigation
The Right of an Excess Insurer to Intervene in Litigation
-
Automobile Accidents in Florida: A Quebec Motorist Can Be Sued By a Victim Who is Also From Quebec
Automobile Accidents in Florida: A Quebec Motorist Can Be Sued By a Victim Who is Also From Quebec
-
Competition Bureau: Enforcement Guidelines on the Abuse of Dominance Provisions
Competition Bureau: Enforcement Guidelines on the Abuse of Dominance Provisions
-
Corporate Websites and Liabilities
Corporate Websites and Liabilities
-
Update on the Rules Applicable to the Awarding of Municipal Contracts
Update on the Rules Applicable to the Awarding of Municipal Contracts
-
The Civil Liability of Professionals: Major Legislative Changes
The Civil Liability of Professionals: Major Legislative Changes
-
Summary of the Final Report of the Joint Committee on Corporate Governance
Summary of the Final Report of the Joint Committee on Corporate Governance
-
The New Jurisdiction of the Office of the Labour Commissioner General Over the Dismissal of Municipal Officers
The New Jurisdiction of the Office of the Labour Commissioner General Over the Dismissal of Municipal Officers
-
Retiring Allowances and Taxation: Practical Matters for Employers and Employees
Retiring Allowances and Taxation: Practical Matters for Employers and Employees
-
Transferring Employees to Canada - A Glimpse Beyond Income Tax Considerations: Social Security Benefits
Transferring Employees to Canada - A Glimpse Beyond Income Tax Considerations: Social Security Benefits
-
Hiring, Handicap (Illness) and Accommodation: Be Careful!
Hiring, Handicap (Illness) and Accommodation: Be Careful!
-
Financing Start-up Ventures
Financing Start-up Ventures
-
Gabriel Lessard v. Fernand Labrie et al. The Court of Appeal Confirms the Jurisdiction of the Committee on Discipline of the CHUQ
Gabriel Lessard v. Fernand Labrie et al. The Court of Appeal Confirms the Jurisdiction of the Committee on Discipline of the CHUQ
-
The adoption by RCMs of an interim control by-law on farming practices in provincial agricultural zones: no need to wait for new governmental directions (Available in French only)
The adoption by RCMs of an interim control by-law on farming practices in provincial agricultural zones: no need to wait for new governmental directions (Available in French only)
-
Can a Unionized Employee Go Before the Superior Court to Contest an Arbitration Award - If His Union Refuses To Do So?
Can a Unionized Employee Go Before the Superior Court to Contest an Arbitration Award - If His Union Refuses To Do So?
-
Dismissal: Just Cause and Fair Treatment
Dismissal: Just Cause and Fair Treatment
-
Privileged Documents, the Dominant Purpose Test and Its Application in Insurance Cases
Privileged Documents, the Dominant Purpose Test and Its Application in Insurance Cases
-
The Court of Appeal Rules on Disability Benefits in the Small Claims Court
The Court of Appeal Rules on Disability Benefits in the Small Claims Court
-
BN, NEQ, GST/QST numbers, account numbers, and so on... How to Make Sense of It All?
BN, NEQ, GST/QST numbers, account numbers, and so on... How to Make Sense of It All?
-
Master Policies and Insurance Certificates: Beware of Discrepancies
Master Policies and Insurance Certificates: Beware of Discrepancies
-
The Mandatory Internet Filing of Insider Reports Starts on November 13, 2001 - National Instrument 55-102
The Mandatory Internet Filing of Insider Reports Starts on November 13, 2001 - National Instrument 55-102
-
Intentional Fault and Psychological Distress
Intentional Fault and Psychological Distress
-
New Exemptions from certain insider reporting Requirements
New Exemptions from certain insider reporting Requirements
-
Must You Collect and Remit Sales Taxes in the United States if You Do Business There?
Must You Collect and Remit Sales Taxes in the United States if You Do Business There?
-
It Pays to Declare! Voluntary Disclosure
It Pays to Declare! Voluntary Disclosure
-
Is a Hospital Shielded From Legal Proceedings When It Suspends or Withdraws a Physician's Privileges?
Is a Hospital Shielded From Legal Proceedings When It Suspends or Withdraws a Physician's Privileges?
-
Must You Pay Taxes in the United States if You Do Business There?
Must You Pay Taxes in the United States if You Do Business There?
-
New Policy on Disclosure Standards
New Policy on Disclosure Standards
-
The Government of Quebec Adopts a Position on Electronic Commerce and Information Technology
The Government of Quebec Adopts a Position on Electronic Commerce and Information Technology
-
The Federal Government's Reform in the Insurance Sector: its Impact on the Investments, Acquisitions, Amalgamations and Activities of Canadian Property and Casualty Insurance Companies
The Federal Government's Reform in the Insurance Sector: its Impact on the Investments, Acquisitions, Amalgamations and Activities of Canadian Property and Casualty Insurance Companies
-
In the absence of negotiable instruments, can deposits held with financial institutions be pledged?
In the absence of negotiable instruments, can deposits held with financial institutions be pledged?
-
Federal Reforms in the Insurance Sector: The impact of Bill C-8 on Canadian Life Insurance Companies as Regards their Activities, Permitted Investments, Acquisitions and Mergers
Federal Reforms in the Insurance Sector: The impact of Bill C-8 on Canadian Life Insurance Companies as Regards their Activities, Permitted Investments, Acquisitions and Mergers
-
Suicides and Accident Insurance: The Court of Appeal Issues a Ruling
Suicides and Accident Insurance: The Court of Appeal Issues a Ruling
-
Misrepresentations and Changes in the Insurability of the Risk: Biscuits Leclerc Ltée v. Transamerica
Misrepresentations and Changes in the Insurability of the Risk: Biscuits Leclerc Ltée v. Transamerica
-
Fibromyalgia: Lay Evidence vs. Expert Evidence
Fibromyalgia: Lay Evidence vs. Expert Evidence
-
Municipal Liability and Short Prescription
Municipal Liability and Short Prescription
-
The Supreme Court of Canada confirms the interpretative policy of section 45 of the Quebec Labour Code given by the Labour Court in the case of subcontracting
The Supreme Court of Canada confirms the interpretative policy of section 45 of the Quebec Labour Code given by the Labour Court in the case of subcontracting
-
Disciplinary Measures Applied to Employees Under the Age of Majority
Disciplinary Measures Applied to Employees Under the Age of Majority
-
Unexplained Loss of Mysterious Disappearance
Unexplained Loss of Mysterious Disappearance
-
Industrial Accidents and Occupational Diseases - The Case Law on Applications for the Transfer of Costs Following an Atttack by a Beneficiary: A Change of Course?
Industrial Accidents and Occupational Diseases - The Case Law on Applications for the Transfer of Costs Following an Atttack by a Beneficiary: A Change of Course?
-
Recent Amendments to the Québec Labour Code
Recent Amendments to the Québec Labour Code
-
Troubled Waters: Comments on the new Regulation respecting the quality of drinking water and the Draft Regulation respecting groundwater catchment
Troubled Waters: Comments on the new Regulation respecting the quality of drinking water and the Draft Regulation respecting groundwater catchment
-
The Importance of Directors following Proper Resignation Procedures in order to Minimize their Statutory Liability
The Importance of Directors following Proper Resignation Procedures in order to Minimize their Statutory Liability
-
The New Federal Law on the Protection of Personal Information: To Whom does it Apply and as of When?
The New Federal Law on the Protection of Personal Information: To Whom does it Apply and as of When?
-
Non-profit Organizations and Tax Exemptions - A New and Clearer but More Restrictive System
Non-profit Organizations and Tax Exemptions - A New and Clearer but More Restrictive System
-
An Ontario employer is held liable for an employee's intoxication
An Ontario employer is held liable for an employee's intoxication
-
A Strategic Framework for your Website - Have you thought it through?
A Strategic Framework for your Website - Have you thought it through?
-
Bell and Hydro May Claim the Full Value of a Damaged Pole
Bell and Hydro May Claim the Full Value of a Damaged Pole
-
General Prospectus Requirements
General Prospectus Requirements
-
An All-Risk Builder's Insurance does not cover costs which should have been expended from the beginning
An All-Risk Builder's Insurance does not cover costs which should have been expended from the beginning
-
Late Notice of claim and internal communications within the Insurance company
Late Notice of claim and internal communications within the Insurance company
-
Defamation and fair comment defense
Defamation and fair comment defense
-
Could the New Tax Penalties - Apply to you?
Could the New Tax Penalties - Apply to you?
-
The insurance policy was not delivered to the insured: the insurer must compensate
The insurance policy was not delivered to the insured: the insurer must compensate
-
Legal Subrogation and the person who is a member of the household of the insured: once again
Legal Subrogation and the person who is a member of the household of the insured: once again
-
Selling your house is an insured personal activity
Selling your house is an insured personal activity
-
New Domain Names Announced
New Domain Names Announced
-
Amalgamation of Compagnies: New Entity or Continuance of Amalgamated Entities
Amalgamation of Compagnies: New Entity or Continuance of Amalgamated Entities
-
Striking Off of the Registration of a Provincial Company
Striking Off of the Registration of a Provincial Company
-
The dispute between l'Hôpital Laval and the cardiologists: the final outcome of ten years of legal wrangling
The dispute between l'Hôpital Laval and the cardiologists: the final outcome of ten years of legal wrangling
-
Does Your Domain Name Infringe Third-Party Rights?
Does Your Domain Name Infringe Third-Party Rights?
-
Who Owns the Copyright to Software?
Who Owns the Copyright to Software?
-
Legislation Applicable to Exports
Legislation Applicable to Exports
-
Electronic Signatures and Document Management
Electronic Signatures and Document Management
-
Be Careful When Signing Contracts
Be Careful When Signing Contracts
-
Representing the Professional Athlete in a Family Law Dispute
Representing the Professional Athlete in a Family Law Dispute
-
The Supreme Court of Canada revisits the notion of freedom of expression in a labour dispute context
The Supreme Court of Canada revisits the notion of freedom of expression in a labour dispute context
-
The abandonment of minimum distances to ensure odour management in rural areas: an irresponsible attitude on the part of certain regional offices of the Ministère de l'Environnement (Available in French only)
The abandonment of minimum distances to ensure odour management in rural areas: an irresponsible attitude on the part of certain regional offices of the Ministère de l'Environnement (Available in French only)
-
Case Law with regard to municipal inspections (Available in French only)
Case Law with regard to municipal inspections (Available in French only)
-
Patents on Methods of doing Business (Business Methods)
Patents on Methods of doing Business (Business Methods)
-
Domaine names .ca: Be Careful!
Domaine names .ca: Be Careful!
-
Increase You Sales Through Licensing
Increase You Sales Through Licensing
-
Anti-pollution equipment will be excluded from property assessment rolls as of 2001
Anti-pollution equipment will be excluded from property assessment rolls as of 2001
-
The guideline on odours: A regulated odour (Available in French only)
The guideline on odours: A regulated odour (Available in French only)
-
Photo interpretation as a tool to verify the existence of acquired rights (Available in French only)
Photo interpretation as a tool to verify the existence of acquired rights (Available in French only)
-
The Tobacco Act becomes more severe as of July 17, 2000
The Tobacco Act becomes more severe as of July 17, 2000
-
Pay Equity: Will your Business be Ready in Time?
Pay Equity: Will your Business be Ready in Time?
-
The New Fire Safety Act
The New Fire Safety Act
-
Water Use: Are You Ready for the Future?
Water Use: Are You Ready for the Future?
-
Acquired Rights or Authorizatons Required With Respect to the Tapping of Spring Water or Mineral Water
Acquired Rights or Authorizatons Required With Respect to the Tapping of Spring Water or Mineral Water
-
The first ruling on abusive use of the Internet
The first ruling on abusive use of the Internet
-
New Tax Provisions for Capital Gains and Stock Options
New Tax Provisions for Capital Gains and Stock Options
-
The Ville de Montréal case - The Supreme Court examines the notion of handicap
The Ville de Montréal case - The Supreme Court examines the notion of handicap
-
Insured's access to the claims adjuster's reports
Insured's access to the claims adjuster's reports
-
Current proposals to reform the Québec Labour Code
Current proposals to reform the Québec Labour Code
-
The Duty to Defend Revisited... and the Right of a Party to Choose its own Lawyer
The Duty to Defend Revisited... and the Right of a Party to Choose its own Lawyer
-
Is a Hockey Card Collection Covered as Moveable Property Usual to the Occupancy of a Dwelling?
Is a Hockey Card Collection Covered as Moveable Property Usual to the Occupancy of a Dwelling?
-
Drunk Drivers: The Court of Appeal Examines the Insurance Coverage Issue
Drunk Drivers: The Court of Appeal Examines the Insurance Coverage Issue
-
Biosolids: the richness of our soils (Available in French only)
Biosolids: the richness of our soils (Available in French only)
-
Zoning regulation in agricultural zones (Available in French only)
Zoning regulation in agricultural zones (Available in French only)
-
The RCMs' new obligations in waste management (Available in French only)
The RCMs' new obligations in waste management (Available in French only)
-
Quebec Changes the Rules of the Game: No Difference in Treatment
Quebec Changes the Rules of the Game: No Difference in Treatment
-
Partial sale of a business: the employees don't have the option of staying or going
Partial sale of a business: the employees don't have the option of staying or going
-
The Household of the Insured: Subrogation can be Exercised Against the Insurer of the Person Responsible
The Household of the Insured: Subrogation can be Exercised Against the Insurer of the Person Responsible
-
Municipal liability regarding the testing of autoprotection equipment (Available in French only)
Municipal liability regarding the testing of autoprotection equipment (Available in French only)
-
The power of municipalities to regulate practices and constructions in provincial agricultural zones and Bill 184 (Available in French only)
The power of municipalities to regulate practices and constructions in provincial agricultural zones and Bill 184 (Available in French only)
-
Y2K: the Countdown Draws to a Close
Y2K: the Countdown Draws to a Close
-
Bankruptcy: RRSPs and Life Insurance Policies - The Supreme Court Rules on the Trustee's Rights
Bankruptcy: RRSPs and Life Insurance Policies - The Supreme Court Rules on the Trustee's Rights
-
The New Canadian Environmental Protection Act: Voluntary Reporting by Employees
The New Canadian Environmental Protection Act: Voluntary Reporting by Employees
-
The employer's duty of accommodation of an emloyee with a disability
The employer's duty of accommodation of an emloyee with a disability
-
A Trustee's Right to the Cash Surrender Value: The Supreme Court Rules on the Matter
A Trustee's Right to the Cash Surrender Value: The Supreme Court Rules on the Matter
-
Admissibility as Evidence of Video Surveillance: The Court of Appeal rules on the Matter
Admissibility as Evidence of Video Surveillance: The Court of Appeal rules on the Matter
-
The Coming into Force of Bill 181 : Movable Rights Register and Mandatory Registrations
The Coming into Force of Bill 181 : Movable Rights Register and Mandatory Registrations
-
Video Surveillance: Yes but under what conditions?
Video Surveillance: Yes but under what conditions?
-
Extracontractual municipal liability and the occurrence of loss (Available in French only)
Extracontractual municipal liability and the occurrence of loss (Available in French only)
-
An Act to facilitate the payment of support (s.Q. 1995, c. 18)
An Act to facilitate the payment of support (s.Q. 1995, c. 18)
-
Recognition of same sex spouses
Recognition of same sex spouses
-
Dismissal for good and sufficient cause.' means the same thing as dismissal for a serious reason!!!
Dismissal for good and sufficient cause.' means the same thing as dismissal for a serious reason!!!
-
The Effects of a Criminal Conviction on the Insurance Indemnity, July 1999
The Effects of a Criminal Conviction on the Insurance Indemnity, July 1999
-
Suicide is Not Covered By An Accident Insurance Policy Even After a Period of TWO Years Has Elapsed
Suicide is Not Covered By An Accident Insurance Policy Even After a Period of TWO Years Has Elapsed
-
The obligation to defend in liability insurance: a motion can be made for specific performance
The obligation to defend in liability insurance: a motion can be made for specific performance
-
The ice storm: the Court of Québec refuses to apply a change o temperature exclusion
The ice storm: the Court of Québec refuses to apply a change o temperature exclusion
-
Dealing with suicide occurring within two years of reinstatement of a life insurance policy
Dealing with suicide occurring within two years of reinstatement of a life insurance policy
-
Bill 188 respecting the distribution of financial products and services: how to find your way!
Bill 188 respecting the distribution of financial products and services: how to find your way!
-
The Wilful Misconduct of a Shareholder is Imputable to the Insured Company
The Wilful Misconduct of a Shareholder is Imputable to the Insured Company
-
Impact of the Euro on Commercial Strategy
Impact of the Euro on Commercial Strategy
-
Planning your estate: an ounce of prevention is worth a pound of cure
Planning your estate: an ounce of prevention is worth a pound of cure
-
It is not enough to listen, one must also listen with an open mind!
It is not enough to listen, one must also listen with an open mind!
-
Employees cannot of their own accord contest in the Superior Court an arbitration award dismissing their grievance
Employees cannot of their own accord contest in the Superior Court an arbitration award dismissing their grievance
-
The Desormeaux judgment is set aside: a grievance arbitrator is the competent tribunal in respect of claims relating to deferred pay leave
The Desormeaux judgment is set aside: a grievance arbitrator is the competent tribunal in respect of claims relating to deferred pay leave
-
Is Software a Patentable Invention?
Is Software a Patentable Invention?
-
What You Must Know Before Joining a Prevention Mutual Group
What You Must Know Before Joining a Prevention Mutual Group
-
Software and The Charter of The French Language
Software and The Charter of The French Language
-
Pay Equity: The Countdown Has Started
Pay Equity: The Countdown Has Started
-
-
Responsibilities of the provisional councils
Responsibilities of the provisional councils
-
An act to institute, under the code of civil procedure, pre-hearing mediation in family law cases and to amend other provisions of the code (S.Q. 1997, C. 42)
An act to institute, under the code of civil procedure, pre-hearing mediation in family law cases and to amend other provisions of the code (S.Q. 1997, C. 42)
-
Reorganization of a Business and Constructive Dismissal: The Farber Case
Reorganization of a Business and Constructive Dismissal: The Farber Case
-
Major Reform in the Setting and Tax Treatment of Support
Major Reform in the Setting and Tax Treatment of Support
-
Distribution agreements: market expansion through an international distributor : boon or bust for software companies
Distribution agreements: market expansion through an international distributor : boon or bust for software companies
-
Moral damages and exemplary damages: The Supreme Court sets certain principles
Moral damages and exemplary damages: The Supreme Court sets certain principles
-
The year 2000 and the liability of users and suppliers of computer products and services
The year 2000 and the liability of users and suppliers of computer products and services
-
On January 1, 1997, justice will be swifter
On January 1, 1997, justice will be swifter
-
More and more outsourcing projects ... Why ? ... and a contract checklist
More and more outsourcing projects ... Why ? ... and a contract checklist
-
A victim of sexual harassment at work has no right of action against her employ'er for damages
A victim of sexual harassment at work has no right of action against her employ'er for damages
-
Deadline for the registration of certain movable hypothecs : August 30, 1996
Deadline for the registration of certain movable hypothecs : August 30, 1996
-
Review of 1995 Judgments
Review of 1995 Judgments
-
Warning : an insurer must indicate inconsistencies between policy and application
Warning : an insurer must indicate inconsistencies between policy and application
-
The employer's recourse for recovery of an employee's indebtedness arising from a leave of absence with deferred salary
The employer's recourse for recovery of an employee's indebtedness arising from a leave of absence with deferred salary
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The Supreme Court has ruled : a liquidator appointed under the winding-up act, R.S.C., 1995, C-W-11 must respect prior contracts
The Supreme Court has ruled : a liquidator appointed under the winding-up act, R.S.C., 1995, C-W-11 must respect prior contracts
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Family Patrimony
Family Patrimony
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ISO Standards 14000
ISO Standards 14000
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Bill 130 - An act respecting adminisrative justice
Bill 130 - An act respecting adminisrative justice
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The Backdating of a life insurance policy and the suicide exclusion
The Backdating of a life insurance policy and the suicide exclusion
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An advance in stock exchange activism : the interim report of the TSE Commitee on corporate disclosure
An advance in stock exchange activism : the interim report of the TSE Commitee on corporate disclosure
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Special Committees - A rationale
Special Committees - A rationale
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RRSPs - Are they subject to seizure ?
RRSPs - Are they subjet to seizure ?
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The Final Date to Register Assignments of Calims Contained in Old Indemnity Agreements is Now Known: it Will be on August 31, 1996
The Final Date to Register Assignments of Calims Contained in Old Indemnity Agreements is Now Known: it Will be on August 31, 1996
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Conditions Attached to the Exercise of Rights Under New Indemnity Agreements
Conditions Attached to the Exercise of Rights Under New Indemnity Agreements
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Cities and Towns: failure to give notice can no longer be raised as a defence against claims for damages resulting from bodily injuries
Cities and Towns: failure to give notice can no longer be raised as a defence against claims for damages resulting from bodily injuries
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A Look Back at Judgments in 1994
A Look Back at Judgments in 1994
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A Review of 1994 Jurisprudence in the Field of Construction Law
A Review of 1994 Jurisprudence in the Field of Construction Law
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Supreme Court rules on interprovincial traffic accidents: only the law of the place of the accident applies
Supreme Court rules on interprovincial traffic accidents: only the law of the place of the accident applies
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Suretyship - Some Questions and Answers on the New Indemnity and Security Agreement
Suretyship - Some Questions and Answers on the New Indemnity and Security Agreement
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The confidentiality of expert medical reports challenged by the Commission d'accès à l'information
The confidentiality of expert medical reports challenged by the Commission d'accès à l'information
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The consequences of a settlement made by an insured without the consent of the insurer and the liability of a carrier
The consequences of a settlement made by an insured without the consent of the insurer and the liability of a carrier
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Refusal to Deal
Refusal to Deal
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Act Respecting the Legal Publicity of Sole Proprietorships, Partnerships and Legal Persons
Act Respecting the Legal Publicity of Sole Proprietorships, Partnerships and Legal Persons