Publications

April 11, 2016

Proposal towards standardized disclosures of fees and expenses information by private equity funds

Last January, the Institutional Limited Partners Association (the “ILPA”), a voluntary association promoting the interests of private equity limited partners, issued a “Fee Reporting Template” along with a guide (collectively, the “Template”) which forms part of the ILPA’s “Fee Transparency (…)

April 7, 2016

The Québec Court of Appeal rules on the duty to defend and the exclusion of liability assumed by contract

Last April 4, in the case of Aldo Group Inc. v. Chubb Insurance Company of Canada,1 the Court of Appeal ruled on the insurer’s duty to defend its insured and on the interpretation to be given to a clause excluding insurance coverage for liability contractually assumed by the insured. The decision (…)

March 24, 2016

Tobacco Control and E-cigarettes: New Challenges for Businesses

Bill 44 has been adopted in the context of a major expansion of electronic cigarette sales.1 Bringing with it significant legislative reforms, this Bill regulates the use of electronic cigarettes in much the same way as it does tobacco. It also amends the Tobacco Act,2 changing its name to the (…)

March 23, 2016

Tax relief to stimulate commercialization of intellectual property made in Québec

Inspired by a worldwide trend to encourage the growth of innovation, Québec has recently announced a new tax relief measure for innovative companies.  Thus, the Québec government is instituting an “innovative companies deduction” (ICD). The goal of this initiative is to “ensure that innovations (…)

March 9, 2016

Judge blows whistle to put a stop to checks from behind: $8,000,000 awarded to a quadriplegic hockey player

On February 1, 2016, the Superior Court of Québec rendered a significant decision in the area of civil liability in the context of the practice of a sport1. The judgment was widely reported in the media due, on the one hand, to the importance of the amount granted by the judge (8 million dollars) (…)

March 8, 2016

The Supreme Court of Canada will not review the duty of the insured to collaborate

On February 18 last, the Supreme Court of Canada1 denied leave to appeal in the matter of Intact Compagnie d’assurance c. 9221-2133 Québec inc.2, thus confirming the principles applicable to the duty of the insured to collaborate. The facts Following the theft of his vehicle, the insured filed a (…)

February 24, 2016

Loss of the capital gain exemption related to the disposition of qualified small business corporation shares: beware of the options for acquiring shares

A recent decision of the Tax Court of Canada in the case of Line Durocher c. Sa Majesté La Reine1 illustrates the dangers of granting a simple option for acquiring shares in the specific context of the implementation of a shareholder agreement in respect of the Canadian-controlled private (…)

February 15, 2016

IIROC White Paper — Proposed changes to the current structure for distributing mutual funds in Canada

On November 25, 2015, the Investment Industry Regulatory Organization of Canada (IIROC) published a White Paper for consultation. It is seeking comment on two proposals which, if approved and implemented, would change the current structure for distributing mutual funds in Canada. A “restricted (…)

February 11, 2016

From “Safe Harbor” to “Privacy Shield”: laying the groundwork for a new agreement on transatlantic data transfer with the United States

The United States and the European Union recently concluded a new agreement aimed at allowing U.S. companies to continue to collect, use and disclose personal information concerning European citizens, while still preserving their fundamental rights. To properly understand the importance of this new (…)

February 5, 2016

The warranty of fitness for purpose in consumer law – Court of Appeal judgment

 This publication was co-authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. Lavery is closely monitoring developments in consumer class actions and, in order to keep the business sector informed on the subject, (…)

January 29, 2016

Right to return to work: The jurisdiction of the arbitrator or of the CNESST and TAT?

On November 24, 2015, the Québec Court of Appeal rendered a much anticipated judgment in the case of Université McGill v. McGill University Non Academic Certified Association (MUNACA)1 (“McGill”). In this judgment, the Court dispelled the ambiguity that has existed for several years in the case law (…)

January 26, 2016

Three important rulings rendered in 2015 by the Tribunal administratif du Québec regarding attending physicians

Over the past year, the Tribunal administratif du Québec (TAQ) has issued several rulings dealing with oversight of the medical practice of professionals working in health and social services institutions. Several of these rulings will be of interest to institutions since they set out principles (…)

January 25, 2016

Beware If You Compare: Data Protection May Stop Approval Of A New Drug Submission

Sanofi-Aventis’s ELOXATIN® had been sold in Canada since 1999 under the Special Access Program (SAP) of Health Canada, which allows for sale of a drug in exceptional cases prior to receiving regular marketing approval, i.e. prior to the issuance of a Notice of Compliance (NOC).  The active (…)