Publications
-
Read more
Class Actions - What’s on the radar for consumer class actions?
Over half of the applications for authorization to institute class actions filed in Québec since the beginning of 2017 are based on consumer law. There is no doubt that consumer class actions will continue to fuel discussions within the business and legal communities. We will continue to monitor the (…)
-
Read more
What every agri-food company must know about the new geographical indications which will come into force on September 21st
While negotiating the Comprehensive Economic and Trade Agreement between the EU and Canada (CETA) with the European Union, Canada has agreed to modify its legislative scheme governing Geographical Indications («GIs»). In this context, Canada has recognized protection for 179 new GIs. The new (…)
-
Read more
How will the Superior Court of Québec deal with pension laws from Newfoundland and Labrador, Québec and the Parliament?
On January 30, 2017, Justice Stephen W. Hamilton issued an interlocutory decision1 in the context of a motion for directions, the outcome of which will be most interesting. On May 19, 2015, the debtors, Wabush Iron Co. Limited, Wabush Resources Inc., Wabush Mines, Arnaud Railway Company and Wabush (…)
-
Read more
Victory for the managerial personnel of the Health and Social Services Network in Superior Court of Québec – What is the immediate takeaway?
On July 27, 2017, the Superior Court of Québec rendered a decision in favour of the managerial personnel of the Health and Social Services Network, concluding that the changes made to some of their working conditions by the Minister of Health were null and void.1 Background The Association des (…)
-
Read more
Directors in the crosshairs of the Supreme Court
In the context of the case of Wilson c. Alharayeri1 (“Wilson”), issued on July 13, 2017, the highest court of the land confirmed the decision of the Court of Appeal of Québec which ordered a corporate director personally to pay an amount of $648,310 to a shareholder following an abuse he committed (…)
-
Read more
Deceptive Online Marketing Practices: Intermediaries, what is your legal exposure?
In recent decades, online advertising has become the single most efficient and interactive way to reach consumers and assess their behaviour. While television and print audiences continue to dwindle and overall marketing strategies that focus on these mediums are less able to effectively measure and (…)
-
Read more
Practice in a specialized medical centre: limits to the freedom of association of physicians based on their status as participants or non participants
On June 1 of this year, the Québec Court of Appeal1 confirmed a decision of the Superior Court of Québec which had ruled that physicians who participate in the health insurance regime and physicians who do not cannot work together in a same specialized medical centre. In this case, the plaintiffs (…)
-
Read more
Medical use claims not involving the professional skill of a physician are patent-eligible in Canada.
In a previous newsletter 1, we discussed a change in Canadian patent practice in respect of the patent-eligibility of claims relating to medical uses, further to a decision from the Federal Court 2. Following this decision, the Canadian Intellectual Property Office (CIPO) issued a revised Practice (…)
-
Read more
Coming into force of the Act to amend various legislation mainly with respect to admission to professions and the governance of the professional system (Bill 98)
On June 6, 2017, Bill 98, entitled An Act to amend various legislation mainly with respect to admission to professions and the governance of the professional system (the “Act”) was passed by the National Assembly, then assented to by the Lieutenant Governor two days after. This statute, whose main (…)
-
Read more
The award of moral damages following a collective dismissal
A recent Superior Court decision in Peintures Industrielles Évotech1 ruled that the grievance arbitrator had acted within his jurisdiction in awarding moral damages to employees dismissed abruptly when the Company moved its operations to Ontario. Context of the Évotech case Évotech, which (…)
-
Read more
Latest developments in the Canadian infrastructure market / The privatization of Canadian airports: Why, how and what is at stake? / Canada Infrastructure Bank Act: highlights
TABLE OF CONTENTS Latest developments in the Canadian infrastructure market Ontario introduces a balanced budget which includes $30 billion in infrastructure investments Nova Scotia introduces its second balanced budget and increases investments in highways New LNG production (…)
-
Read more
Global Skills Strategy – Latest Developments in Workforce Mobility
In November 2016, the federal government announced the launch of a Global Skills Strategy (the "Strategy"), with the goal of stimulating Canada’s economic growth and, as a result, increasing employment opportunities for all Canadians. On June 12, 2017, in order to maximize the positive impact of the (…)
-
Read more
The Promise Doctrine is Struck Down by the Supreme Court of Canada
On June 30th, 2017, in a landmark decision, the Supreme Court of Canada rejected the relatively new so-called “promise doctrine”. The lower courts had found the patent invalid based on this doctrine in that the patent specification attributed certain advantages to the invention that were not soundly (…)