Publications

May 25, 2016

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 (…)

May 10, 2016

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 (…)

May 9, 2016

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 (…)

April 26, 2016

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 (…)

April 20, 2016

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 (…)

April 14, 2016

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 (…)

April 13, 2016

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 (…)

April 13, 2016

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 (…)

March 23, 2016

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 (…)

October 23, 2015

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, (…)

October 9, 2015

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 (…)

September 29, 2015

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 (…)

September 23, 2015

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 (…)