Publications
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BILL 7 – SECTION 115 of the Act Respecting the Distribution of Financial Products and Services
On May 4, 2011, an important Bill was presented by the Minister for Finance, Mr. Alain Paquet.The effect of Bill 7, entitled An Act to amend various legislative provisions concerning the financial sector, is, among other things, to amend section 115 of the Act respecting the distribution of (…)
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Sexual abuse and prescription: The Supreme Court intervenes in an action governed by Quebec law
On October 29, 2010, the Supreme Court rendered a very brief judgment in the case of Christensen v. Roman Catholic Archbishop of Québec and ordered the file be remanded to the Superior Court to assess the evidence in order to determine whether the civil liability action brought in the context of a (…)
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The Mont Saint-Sauveur Case: Is the Court of Appeal Thinking Outside the Box in the Assessment of Damages?
On August 25th, the Court of Appeal, for the reasons of Justice Nicholas Kasirer, rendered a significant decision with regard to the duty of care required from ski instructors and the assessment of damages awarded to a victim who developed a serious neurological disorder resulting from a ski (…)
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The Partnership and the Independent Patrimony of its Partners: the Bankruptcy of Ferme C.G.R. Enr. S.E.N.C.
On April 16, 2010, the Quebec Court of Appeal issued a judgment concerning the right of a general partnership (“S.E.N.C.”) to file for assignment under the Bankruptcy and Insolvency Act without its partners having also filed for the assignment of their assets, themselves.By responding (…)
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Despite a Recent Judgment of the Superior Court Pertaining to Employees Hired Through an Employment Agency, the Agency may be the True Employer, Depending on the Circumstances
On December 2, 2009, The Superior Court upheld a decision of the Commission des relations de travail which concluded that nurses hired through an employment agency were employees of the health-care facility and, therefore, covered by the bargaining certificate of the union in question.However, the (…)
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The Plan Nord and Aboriginal People
Last November 6, the government of Québec held an important working session that brought together various northern partners for the purpose of ensuring the sustainable and socially responsible development of the vast territory covered by the Plan Nord.This plan essentially aims to accelerate (…)
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Pensions: Good News from the Supreme Court of Canada!
In the Kerry decision rendered on August 7th, 2009, the Supreme Court of Canada confirmed that employers may oblige pension funds to pay Plan expenses, that is the expenses associated with the employment of actuaries, accountants, counsel and other service providers required for the administration (…)
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Protecting your trade-marks from Facebook usernames
As of June 13, 2009, Facebook Inc. allows Facebook users to create personalized usernames for their Facebook pages on a first-come, first-served basis.
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The Supreme Court of Canada lays down a new test for applying a faulty or improper design exclusion
The Supreme Court of Canada lays down a new test for applying a "faulty or improper design" exclusion
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Neighbourhood Disturbances: The Supreme Court of Canada Rules
Neighbourhood Disturbances: The Supreme Court of Canada Rules