Commitment

  • Authorizations for treatment: the Court of Appeal rules on the legal representation of patients and hospitalization and re-hospitalization clauses

    In a decision rendered on September 1, 20221, the Court of Appeal of Quebec stated that a judge seized of an application for authorization for treatment must ensure that the patient in question can be heard and assert their rights. The Court also took the opportunity to analyze the indefinite hospitalization clauses and the re-hospitalization clauses made necessary following a subsequent deterioration in a patient’s health. Legal representation of patients The Court’s reasoning was based on the following elements: Article 90 C.C.P. allows the judge to appoint a lawyer ex officio to safeguard the rights and interests of an incapable person; A hearing on an application for authorization for treatment should not be held without the person who is the subject of the application being represented by a lawyer; The principle that such a person should be represented by a lawyer may have certain exceptions, but it can only be discarded after steps have been taken to offer the person involved the presence of a lawyer, following a close consideration of the stakes and circumstances of the case and of a decision expressly reasoned by the judge. As such, when an application for authorization for treatment is presented, the following analytical framework must be applied from the start of the hearing: The judge must assess whether the person concerned is incapable. To meet this first requirement, preliminary evidence of “likelihood of incapacity” must be provided2; The appointment of a lawyer must be necessary to safeguard the rights and interests of the person3 When these conditions are met, the judge must suspend the proceedings under article 160 C.C.P. for the period necessary for a lawyer to be appointed to represent the patient. The court may also issue a safeguard order. If the judge is not convinced that the second condition is met, they can withhold their decision and hear the evidence. Once the evidence has been adduced, they can decide to issue a safeguard order if the steps are met or decide on the merits of the application if this second criterion has not been met. In the latter case, they must expressly state the reasons which led them to this conclusion. The Court pointed out that prior to a hearing, a healthcare establishment must make sure that everything is done to ensure that the person concerned has the possibility of being represented by a lawyer. The bench is also of the view that the presence of an available lawyer at treatment hearings would be an ideal practice in order to allow the judge to appoint them ex officio. Hospitalization and re-hospitalization clauses In this case, the patient challenged the finding that they must remain hospitalized from the delivery of the judgment authorizing their treatment until their medical discharge. The court pointed out that in the absence of appropriate evidence, it is not up to the Court to usurp the role of the medical profession by setting a term for an ongoing hospitalization. The court maintained the order’s conclusion that the patient’s hospitalization should continue “until the attending physician deems [the patient’s] condition has sufficiently stabilized to allow them to be discharged safely.” Finally, the patient also challenged the conclusion of the judgment relating to their re-hospitalization in the event of non-collaboration with treatment. The Court of Appeal clarified that a clause of this nature should not be a sanction for non-compliance with the treatment plan. A re-hospitalization clause for non-collaboration depends on the circumstances of each case and must be substantiated by appropriate evidence. However, the court does not rule out that this eventuality may justify the re-hospitalization of a patient if evidence to this effect is presented. The members of Lavery’s Administrative Law team regularly represent healthcare establishments and remain available to advise you and answer your questions in connection with this new development in jurisprudence. A.N. c. Centre intégré universitaire de santé et de services sociaux du Nord-de-l’Île-de-Montréal, 2022 QCCA 1167 Para. 33 et seq. Para. 49 et seq.

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  1. Two new members join Lavery’s ranks

    Lavery is pleased to welcome two new members to its Trois-Rivières and Québec offices: Justine Chaput and Kevin Desjardins. Justine ChaputJustine joins our Labour and Employment Law group. She assists employers in all areas of labour and employment law, in particular hiring and termination, labour standards, disciplinary measures and human rights and freedoms in the workplace. She also develops and reviews employment contracts, company policies and various documents related to the employment relationship. "I chose to join Lavery because of the firm's values and its corporate culture where community involvement and teamwork are prized. From the first time I spoke with members of the firm, I felt an undeniable concordance between my values and theirs. I saw open-mindedness and positive and human leadership. I'm very excited to join a firm that successfully combines excellence, passion and professionalism while taking the growth and well-being of its employees to heart. I'm confident that I've found excellent mentors, and I look forward to working with them." Kevin Desjardins Kevin joins our Litigation and Dispute Resolution group. He works mainly in civil and commercial litigation. Prior to joining the firm, he articled with the public service, where he represented various ministries before civil and administrative tribunals. "By choosing Lavery, I am joining an organization renowned for its litigation expertise, the high quality of its mandates and the support offered to young lawyers. The dynamism of the team makes Lavery an ideal firm for professional growth. Having said that, it is the great cordiality of the partners and members of the firm that quickly convinced me that this was the place of choice to develop my practice. "

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  2. Lavery recruits two partners and expands its expertise in business law and intellectual property

    Lavery is delighted to welcome two new partners, David Tournier and Benoit Yelle, to the Business Law and Intellectual Property groups respectively. They bring cutting-edge expertise in these fast-growing sectors and a practice approach based on technological innovation. David Tournier joins the Business Law group and will focus on corporate financing. His extensive experience in private practice, in particular, bank financing, infrastructure projects, insolvency and private equity, has led him to deal with lenders and borrowers in the context of syndicated and cross-border loans, acquisition and project financings (including PPPs). David has a wide-ranging portfolio, having represented both start-ups and multinationals, as well as investors involved in engineering, green industrial projects and new technology, which is one of his passions. "Lavery has a reputation for excellence in the provincial and national markets. When combined with its independence, this reputation puts it in a good position to serve a wide range of clients in different areas of business law. The lawyers from the firm that I already knew showed me the human side of this great organization, and easily convinced me to join their wonderful team," said David Tournier. His experience in well-known law firms and as a company director will undoubtedly benefit our clients. Benoit Yelle joins the Intellectual Property group. A registered patent agent in Canada and the United States with a background in computer engineering, Benoit has developed an expertise over the years in everything from mechanical inventions to quantum technologies, hand tools, medical devices, network protocols, telecommunications, mobile applications and quantum computing. Within the Lavery network, he will focus his practice on drafting and prosecuting patent and industrial design applications. Thanks to his considerable experience in analyzing the patentability and commercial potential of invention disclosures, Benoît worked as a patent engineer and agent for a multinational telecommunications company. "Lavery's Intellectual Property group needs no introduction. We share a common vision on how best to practice IP. It also seemed to me that Lavery was the most innovative and best-suited platform to leverage current and future changes to the practice of law. I think I found the right place to harness my passion for innovation!" said Benoit Yelle. By becoming a partner and patent agent at Lavery, Benoit will be able to adapt his approach and provide services that help achieve his clients' objectives.

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  3. A new brand image that reflects Lavery’s ambition

    Today, Lavery is proud to unveil its new brand image. This significant transformation embodies our firm’s desire to drive the growth of organizations that do business in Quebec. Both warm and accessible, the result of this initiative attests to the firm’s uniqueness and its desire to break industry norms by adopting a human and innovative approach based on personalized support. The new visual platform, created by BrandBourg in collaboration with the internal team, was designed to communicate Lavery’s mission, which focuses on partnership with its clients and its closeness to the business community. It combines its current distinctive colours with the contemporary imagery of renowned Quebec illustrator Sébastien Thibault, whose work is featured in prestigious publications such as The New York Times, The Guardian and The Economist. “Our completely renewed signature is both a more accurate reflection of what our firm is today and what it aspires to embody even more in the coming years,” says Anik Trudel, Lavery’s Chief Executive Officer. “This reaffirms our commitment to our clients’ success, which is based on the personalized approach of a competent team that is integrated in a 360-degree approach and is truly attentive to their needs.” Visually expressing the Lavery promise Lavery’s colour palette now plays with the shades of green that already distinguish the firm in the industry. The coral colour brings contrast, originality and warmth. The updated logo retains the friendly, approachable feel of the brand and creates a timeless, strong character.  The green line that accompanies the name Lavery recalls the line on which we affix a signature and thus symbolizes our commitment. The new handwritten signature “Signed Lavery” refers to Lavery’s human side and the personalization of its service.  Furthermore, the removal of the descriptor “Lawyers” that was a part of the previous logo reflects both the presence of a growing number of legal professionals complementary to the practice of law, and the firm’s confidence in its positioning in the business community. “Our visual identity reflects the dynamic nature of our firm and the uniqueness of our positioning. It will help us to leverage digital codes even more effectively, in addition to offering us new options for communicating in an engaging and visual way with our target audiences, both internally and externally,” says Joanne Lajeunesse, Director, Communications and Marketing. The clients surveyed in the course of the project emphasized the innovative, professional, artistic and sophisticated nature of the final result.  A positioning reflecting the image of today’s Lavery Our brand image is based on commitment, experience, value creation and growth, the four main pillars that guide our actions and give meaning to each of the firm’s interventions. Lavery’s promise is a guarantee of loyalty and excellence that is shared for the benefit of our clients, key players in the economy. It is a promise to leverage our talent for their benefit.

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  4. Six new members join Lavery’s ranks

    Chanel CalabroChanel is a member of the Business Law group. She works primarily in corporate finance, mergers and acquisitions, and corporate law."Lavery is at the centre of developing companies in Quebec. It is for me an excellent opportunity to work with inspiring professionals in a work environment that encourages development and initiative. I am very enthusiastic about working in a practice that offers me the opportunity to use my past experiences to provide added value to our clients." Simon Gagné-CarrierSimon is joining our Labour and Employment Law group. He also practices in Municipal Law. He joined the Lavery team as a student in 2022. He completed his bachelor's degree in civil law and a master's degree in business administration at the Université de Sherbrooke. "The team of professionals who make up the firm and who have guided me are committed to strong and important values such as mentoring, professional development and collaboration between peers. It is an ideal environment for a young lawyer." Ghiles HelliGhiles is joining our Business Law Group. He is a member of our mergers and acquisitions team. He assists our partners in advising clients on the legal impacts of the implementation of new technologies and on cybersecurity. "I chose to do my internship at Lavery because of their expertise in technology law and in mergers and acquisitions law, my two legal passions. It is also a great opportunity for me to pursue my professional development with mentoring that is second to none." Kabrina PéronKabrina is joining our Labor and Employment Law group. She joined the Lavery team as a student in the winter of 2021. "Throughout my experience at Lavery, I have had the opportunity to collaborate with passionate and highly experienced professionals on various cases, who were especially committed to ensuring my professional development. It is ideal guidance at the beginning of my career." Daphné Pomerleau-NormandinDaphné is a member of the Litigation and Conflict Resolution group and focuses her practice on commercial and civil litigation. "Joining Lavery involves being part of an environment that is an ideal combination of autonomy and team spirit." Jean-Vincent Prévost-BérubéJean-Vincent is joining our Business Law Group and practises mainly in transactional and commercial law. He has joined the Lavery team for his articling term in the winter of 2022. "Team collaboration and unity are definitely the firm’s strengths. For me, Lavery was the choice of a firm, but above all of a team. I appreciate being able to collaborate on challenging cases as well as the trust and confidence that we are quickly given in the management of these cases."  

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