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In Fact and in Law

The Ontario Superior Court Halts Exploratory Work by a Mining Company and Orders Tripartite Consultation with the First Nation and the Province PDF Version
In Fact and in Law — May 2012 Carolina Manganelli
On January 3, 2012, the Ontario Superior Court ordered that Solid Gold Resources Corp. (“Solid Gold”), a junior mining exploration...

Errare Humanum est : To Err is human, but the Court cannot always fix it PDF Version
In Fact and in Law — April 2012 Luc Thibaudeau
Lavery follows the evolution of consumer law closely. Its specialized expertise in the fields of retailing and class actions has...

Negotiations in the construction industry: At last a role for the ultimate clients PDF Version
In Fact and in Law — April 2012 Jean Beauregard
Bill 33, whose very title announced the elimination of union placement of employees to improve the operation of the construction...

The Supreme Court clarifies the parameters for assessing whether a commercial representation is false or misleading: The average consumer is credulous and inexperienced PDF Version
In Fact and in Law — April 2012 Luc Thibaudeau and Bernard Larocque
Lavery follows the evolution of consumer law closely. Its specialized expertise in the fields of retailing and class actions has...

Class Actions and Consumer Law: Obligations resulting from the sale of additional warranties; what was the law prior to bill 60? PDF Version
In Fact and in Law — March 2012 Luc Thibaudeau and Jean Saint-Onge
Consumer law and the Consumer Protection Act (the “CPA”) are aimed first and foremost at economic activities in the retail...

The Superior Court orders the Régie des Rentes du Québec to Register Adverse Amendments PDF Version
In Fact and in Law — March 2012 Josée Dumoulin and François Parent
On September 9, 2011, the Quebec Superior Court allowed an application for judicial review of Synertech Moulded Products, Division of...

Class Action and Consumer Law : The Court of Appeal excludes non-consumers from the approved class in an authorized class action PDF Version
In Fact and in Law — March 2012 Luc Thibaudeau
Consumer protection law and the Consumer Protection Act apply first and foremost to economic activities in the retail sector. Expenditures...

The Superior Court applies restrictive interpretation to additional hypothecs PDF Version
In Fact and in Law — February 2012 Benjamin David Gross and Spiridoula Vassilopoulos
The scope of additional hypothecs was examined by the Superior Court on September 6, 2011 in the case of Banque...

Disciplinary Measures relating to the use of Computer Equipment : Coca-Cola is forced to reinstate an employee PDF Version
In Fact and in Law — January 2012 Élodie Brunet
The Commission des relations du travail (the «Commission») recently ruled on the way in which an employer proceeded to impose...

The Supreme Court confirms that not all aboriginal practices are protected by section 35 of the Constitution Act, 1982 PDF Version
In Fact and in Law — January 2012 Carolina Manganelli
The Supreme Court of Canada confirms that only those modern practices that maintain a reasonable degree of continuity with the...

Limits of the deemed trust created under provincial tax legislation PDF Version
In Fact and in Law — December 2011 Jean Legault and Mathieu Thibault
In its judgment in the case of Banque Nationale du Canada v. Agence du Revenu du Québec, 2011 QCCA 1943,...

The Superior Court refuses to authorize a class action against a furniture and electrical household appliances giant PDF Version
In Fact and in Law — December 2011 Benjamin David Gross and Ariana Lisio and Jean-Philippe Lincourt
The Honourable Justice Louis-Paul Cullen of the Superior Court rendered a judgment on September 23, 2011 which dismissed a motion...

Corporate directors in Quebec in the wake of the economic crisis PDF Version
In Fact and in Law — December 2011 Guillaume Lavoie
The role, and especially the liability, of corporate directors have evolved considerably over the last few decades. Obviously, the financial...

What if what was published on Facebook was admissible as evidence? PDF Version
In Fact and in Law — December 2011 Anne-Marie Lévesque
The advent of social networks such as MySpace, Facebook, Diaspora, Photobucket, Twitter, You Tube and others has brought significant changes...

What happens when a contract does not reflect what was agreed upon between the parties? PDF Version
In Fact and in Law — November 2011 Étienne Brassard and Benjamin David Gross
On October 28, 2011, the Quebec Court of Appeal upheld a judgment of the Superior Court allowing for clauses of...

SMEs, Governance and Directors PDF Version
In Fact and in Law — November 2011 André Laurin and André Vautour
Since the mid-1990s, the promotion of corporate governance has been the subject of various public and private initiatives in Canada....

Creation of New Internet Domain Names in 2012 PDF Version
In Fact and in Law — October 2011 Simon Lemay
On June 20, 2011, in Singapore, ICANN (Internet Corporation for Assigned Names and Numbers), the global co-ordination body for Internet...

When it becomes necessary to revoke the appointment of an inspector to ensure the proper functioning of the proposal or bankruptcy process PDF Version
In Fact and in Law — October 2011 Benjamin David Gross and Étienne Brassard
When a bankruptcy occurs, the creditors play a central role in the administrative control of the bankrupt’s estate. In this...

Update on Planned Production Shutdowns PDF Version
In Fact and in Law — September 2011 Jean Beauregard
Since 1968, labour relations in the construction industry have been governed by a specific statute, the Act respecting labour relations,...

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 PDF Version
In Fact and in Law — September 2011 Vincent Metsa
On March 18, 2010, the Commission des lésions professionnelles (“CLP”), in the case of Côté et Traverse Rivière-du-Loup, declared invalid...

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