Publications

December 1, 2013

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 (…)

December 1, 2013

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 (…)

November 1, 2013

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 (…)

November 1, 2013

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, (…)

September 1, 2013

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 (…)

August 1, 2013

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 (…)

July 1, 2013

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 (…)

July 1, 2013

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 (…)

July 1, 2013

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 (…)

June 1, 2013

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 (…)

June 1, 2013

'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 (…)

April 1, 2013

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 (…)

April 1, 2013

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 (…)