Publications
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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Recent Developments Respecting Corporate Governance and Directors' Liability
Recent Developments Respecting Corporate Governance and Directors' Liability
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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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Directors make mistakes (CA Magazine.com)
Directors make mistakes (CA Magazine.com)
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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
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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)
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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
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Striking Off of the Registration of a Provincial Company
Striking Off of the Registration of a Provincial Company