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Minimal! - Court of Appeal Reduces the Post-Employment Duty of Loyalty
Lavery Lawyers, November 2021

Suppose that your best employee, the up-and-comer you?ve been training for several years, resigns. It?s terrible news for you, especially amid a labour shortage. And, to top it off, their new employer is your main competitor...

Entrepreneurs and Intellectual Property: Avoid These 13 Mistakes to Protect Yourself (Part 3 of 3)
Lavery Lawyers, November 2021

In the third and final entry of this three-part article series, we share with you the last set of intellectual property (IP)?related mistakes (mistakes #10 to #13) that we regularly see with startups. We hope you will find it useful for your business. Please be sure to read our first and second entries in this series, where we go over mistakes #1 to #5 and #6 to #9, respectively...

Canadian Patent Practice Update: Act Now to Avoid Excess Claim Fees
Lavery Lawyers, November 2021

Excess claim fees on the horizon As reported earlier, the Canadian government published proposed amendments to the Patent Rules on July 3, 2021...

IT services dispute: the Supreme Court considers the non-liability clause
Lavery Lawyers, November 2021

In IT service contracts, it is common to find non-liability clauses protecting companies that provide software and professional IT system implementation or integration services. Issue In Dispute Is such a contractual non-liability clause valid under Quebec civil law where a fundamental obligation is breached? In 6362222 Canada inc. v. Prelco inc...

Constructive dismissal and mitigation of damages: Is there an obligation to accept another position offered by the employer?
Lavery Lawyers, October 2021

The Supreme Court of Canada has previously addressed this issue in Evans v. Teamsters Local Union No. 31 1 and concluded that, in certain circumstances, when an employer offers a new position to a dismissed employee, the latter may have to accept it in order to mitigate their losses. A few years later, in 2108805 Ontario inc. vs...

Abuse of the grievance arbitration process: Arbitrators rule in favour of employers
Lavery Lawyers, October 2021

An employer grievance is a means that employers can use to obtain compensation for material damages caused by pressure tactics or to recover overpayments resulting from a union? S wrongdoing. Such a recourse can also be filed to claim damages and legal fees from a union that has abused the grievance arbitration process, in particular by raising grounds that are unfounded or filing applications that are dilatory, or doing either in bad faith...

Adoption of Bill 64: what do public bodies need to know?
Lavery Lawyers, October 2021

Bill 64, also known as the Act to modernize legislative provisions as regards the protection of personal information , was adopted on September 21, 2021, by the National Assembly of Quebec...

Amendments to Privacy Laws: What Businesses Need to Know
Lavery Lawyers, October 2021

Bill 64, also known as the Act to modernize legislative provisions respecting the protection of personal information , was adopted on September 21, 2021, by the National Assembly of Quebec...

Limitation of insurer’s duty to defend: The Draft Regulation specifying the categories of contracts covered is published
Lavery Lawyers, September 2021

On September 8, 2021, Mr. Éric Girard, Minister of Finance, presented his Draft Regulation specifying the classes of liability insurance contracts that may derogate from public policy rules previously applicable to liability insurance (the? Draft Regulation ?), Namely those set out in articles 2500 and 2503 of the Civil Code of Quebec (? CCQ? ) concerning the insurer? s duty to defend and the exclusive application of insurance coverage to injured third parties...

Winkler v. Hendley: The Federal Court Applies a Subjective Standard to the Notion of “History”
Lavery Lawyers, August 2021

“Historical facts”1 are not protected by copyright. Referring to the Storming of the Bastille or the Battle of the Plains of Abraham will not get an author sued in Federal Court, but must these events have really happened to be considered “historical facts”? The Federal Court recently ruled on this issue in Winkler v. Hendley...

Transportation Infrastructure: A Pillar of Economic Recovery
Lavery Lawyers, August 2021

Like many other governments, the Government of Quebec decided to invest in infrastructure to help mitigate the impact of the COVID-19 pandemic and stimulate Quebec’s economy. A significant number of investments will be made in the transportation sector, and the government wants to accelerate the realisation of several previously announced transportation infrastructure projects in the greater Montréal area...

Bill 78 and the Notion of Ultimate Beneficiary
Lavery Lawyers, July 2021

Bill 78 was introduced in December 2020 by Minister Jean Boulet and given assent on June 8, 2021. It amends the Act respecting the legal publicity of enterprises (the “Act”) and its regulation, the Regulation respecting the application of the Act respecting the legal publicity of enterprises (the “Regulation”)...

Further Streamlining of Canadian Patent Examination on the Horizon
Lavery Lawyers, July 2021

Canadian Patent Practice has undergone several changes in recent years, in many cases to fulfill the requirements of various international treaties / agreements, including those of the Patent Law Treaty (PLT) and the Comprehensive Economic and Trade Agreement (CETA)...

Insurer’s Duty to Defend: The Court Rules in a Case of Contractual Breach
Lavery Lawyers, July 2021

The question of insurers’ duty to defend is back in the spotlight. On March 18, 2021, the Superior Court once again considered the issue in its application of the law to facts relevant to the dispute.1 Facts In April 2016, Cégerco Inc. (“Cégerco”), a general contractor, retained the services of Construction Placo Inc...

Steps to a Successful Venture Capital Financing Round
Lavery Lawyers, July 2021

An entrepreneur who invests time and energy raising the funds necessary to launch a startup, usually from family and friends (love money), will necessarily want their startup to grow exponentially. Achieving exponential growth requires always more capital, and so the entrepreneur will need to find additional sources of financing. One of these could be venture capital financing...

Start-Ups and Intellectual Property (IP): Costly Missteps to Avoid
Lavery Lawyers, July 2021

In the second entry of this three-part article series, we share with you the next set of intellectual property (IP) –related mistakes (mistakes # 6 to # 9) that we regularly see with startups. We hope you will find it useful for your business. Please be sure to read our first entry in this series, where we go over mistakes # 1 to # 5...

Crypto Asset Works of Art and Non-Fungible Token (NFT) Investments: Be Careful!
Lavery Lawyers, June 2021

On March 11, 2021, Christie’s auction house made a landmark sale by auctioning off an entirely digital artwork by the artist Beeple, a $69 million transaction in Ether, a cryptocurrency.1 In doing so, the famous auction house put non-fungible tokens (“NFT”), the product of a decentralized blockchain, in the spotlight...

Adoption of Bill 82: The Insurer’s Duty to Defend can Now be Adjusted
Lavery Lawyers, June 2021

On Thursday, May 27, 2021, article 2503 of the Civil Code of Québec was amended as part of the adoption of Bill 82, titled An Act respecting mainly the implementation of certain provisions of the budget speech of 10 March 2020, which we had discussedin a publication last December...

Five Good Reasons to List your Company on the Stock Exchange and Opt for Equity Financing
Lavery Lawyers, June 2021

In 2020, the pandemic disrupted the Quebec economy and the trend continued in 2021. After a difficult year for local businesses, there is an opportunity for business owners to rethink their business model as they develop their recovery plan. In this context, an initial public offering and equity financing might be a good idea...

The Superior Court of Québec Rules on de facto Spouses and the Right to use a Residence During Legal Proceedings
Lavery Lawyers, May 2021

In a judgment handed down on February 16, 2021, in a case involving former de facto spouses, the Superior Court dismissed an interlocutory injunction filed by the plaintiff seeking the eviction of the defendant from what had been their common residence. After having lived together in a de facto union for 32 years, the parties separated. The plaintiff, sole owner of the family residence, left the residence while the defendant continued to live there...

Entrepreneurs and Intellectual Property: Avoid These Thirteen Mistakes to Protect Yourself (Part 1 of 3)
Lavery Lawyers, April 2021

In this three-part article series, we will share with you the intellectual property (IP)–related mistakes that we regularly see with startups. We hope you will find it useful for your business...

Reimbursement Clause for Extrajudicial Fees by a Surety: Valid or Invalid?
Lavery Lawyers, April 2021

On April 6, 2021, the Court of Appeal, per Justice Mark Schrager, rendered an interesting decision in Bank of Nova Scotia c. Davidovit (2021 QCCA 551). The Bank of Nova Scotia (the “Bank”) had granted a commercial loan to a company, of which Aaron Davidovit (“Davidovit” or the “Surety”) was the principal, for the operation of a gym...

Loss of Personal Information: The Superior Court Dismisses a Class Action
Lavery Lawyers, April 2021

On March 26, 2021, the Superior Court rendered a decision dismissing a class action against the Investment Industry Regulatory Organization of Canada (“IIROC”) on the loss of personal information of thousands of Canadian investors.1 The lack of evidence of compensable injury and IIROC’s diligent behaviour are the main reasons for the dismissal of the class action. The Facts On February 22, 2013, an inspector working for IIROC forgot his laptop computer in a public place...

Pre-ruling Consultation with the Canada Revenue Agency (CRA): A Little-Known Yet Practical Service
Lavery Lawyers, March 2021

Canada’s tax system is very complex and tends to become more complex over time. Amendments to tax laws in recent years have not simplified our tax system, quite the contrary. The introduction of various intention tests in tax laws has also further increased tax authorities’ discretion as to the application of such laws...

Pre-Ruling Consultation with the Canada Revenue Agency (CRA): A Little-Known Yet Practical Service
Lavery Lawyers, March 2021

Canada's tax system is very complex and tends to become more complex over time. Amendments to tax laws in recent years have not simplified our tax system, quite the contrary. The introduction of various intention tests in tax laws has also further increased tax authorities' discretion as to the application of such laws. In this context, it is often a good idea to obtain the Canada Revenue Agency's (“ CRA ”) advice on the application of tax laws to proposed transactions...

 

 

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