Publications
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Planned obsolescence: Possible amendments to the Consumer Protection Act to keep an eye on
Introduction On June 1, 2023, the Minister of Justice, Simon Jolin-Barrette, tabled and presented Bill 29 entitled An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods 1 (hereinafter the “Bill”) before the National Assembly. (…)
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Hesitation over software patents in Canada
Last Wednesday (July 26), the Federal Court of Appeal (FCA) handed down its highly awaited decision on the patentability of computer-implemented inventions (software patents). In Canada (Attorney General) v. Benjamin Moore & Co. (2023 CAF 168), the FCA rejected the test proposed by the (…)
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New Employment Obligations for Federally Regulated Businesses
On July 9, 2023, major amendments to the Canada Labour Code 1 (the “Code”) came into force, and further amendments are set to come into force shortly. These amendments relate to Part III of the Code, which covers labour standards. They were provided for in the Budget Implementation Act, 2018, No. 2 (…)
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Bill 30 – legislative changes concerning insurance
On June 7, 2023, the Minister of Finance of Quebec tabled and presented Bill 30 before the National Assembly, an omnibus bill entitled An Act to amend various provisions mainly with respect to the financial sector (hereinafter the “Bill”). The Bill includes certain amendments to the provisions of (…)
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An Act respecting the regulation of work by children Now in Force: Employers of Young Workers Must Act Quickly
On June 1, 2023, Bill 19 entitled An Act respecting the regulation of work by children (the “Act”) which establishes, in particular, a minimum working age of 14 and a maximum number of hours of work for children subject to compulsory school attendance, was assented to. Most of the Act’s provisions (…)
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Team trademarks: naming the champions
Choosing the name of a sports team can be a perilous exercise. In addition to representing certain values, names are supposed to fire up the fan base and motivate the athletes themselves. It must sometimes meet with the approval of major sponsors. But when sports teams are companies seeking to (…)
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Competition Act amendments are about to come into force – What businesses need to know following the release of the official Enforcement Guidelines
On June 23, 2023, major amendments to section 45 of the Competition Act1 (the “Act”) are set to come into force. Adopted in 2022 by the Parliament of Canada, these amendments are primarily designed to harmonize Canadian non-competition law with legislation in various other countries, particularly (…)
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Bill 8: Amendments to the Code of Civil Procedure to improve access to justice
Introduction On February 1, 2023, Minister of Justice Simon Jolin-Barrette introduced and tabled in the National Assembly Bill 8 entitled An Act to improve justice efficiency and accessibility, in particular by promoting mediation and arbitration and by simplifying civil procedure in the Court of (…)
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2023 Quebec budget: tax holiday for investments in critical and strategic minerals
On March 21, 2023, Quebec’s Minister of Finance tabled his budget for the 2023-2024 fiscal year. One of the budget’s key measures is the introduction of a new tax holiday in connection with major investment projects. At first glance, the new measure does not appear to be specifically aimed at the (…)
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Lavery celebrates World Intellectual Property Day
This year, the World Intellectual Property Day theme is "Women and Intellectual Property: Accelerating innovation and creativity". Therefore, Lavery is pleased to recognize the contribution of a female inventor. Lila Madour Women face significant barriers in the patent and telecommunications (…)
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Artificial intelligence in business: managing the risks and reaping the benefits?
At a time when some are demanding that artificial intelligence (AI) research and advanced systems development be temporarily suspended and others want to close Pandora’s box, it is appropriate to ask what effect chat technology (ChatGPT, Bard and others) will have on businesses and workplaces. Some (…)
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Clear skies overhead, patent marking protects well, innovation blooms
“Clear skies overhead, patent marking protects well, innovation blooms.” “Patent marking” is the practice of labelling a product to provide notification that it is protected by one or more patents. From a public perspective, it serves three related purposes: avoiding innocent infringement; (…)
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Insurers: Two-headed hydras
On January 30, 2023, the Court of Appeal of Quebec rendered a decision in Commission scolaire De La Jonquière c. Intact Compagnie d’assurance.1 The key issues in this case are the potential for conflicts arising from liability insurance policies and the obligation to disclose documents where (…)