Publications
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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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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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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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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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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 (…)