Listening
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Lavery helps the Société du parc Jean-Drapeau adjust Canadian Grand Prix (F1) dates
Lavery was pleased to serve as legal counsel in a strategic initiative to revise the schedule of the Canadian Grand Prix. Under the new schedule, Canada’s most anticipated tourist event will be moved to the last two weekends of May starting in 2026, in order to meet various eco-responsibility objectives. Welcomed by key players in the tourism and events industry, the revised schedule will minimize the number of transatlantic flights required for F1 teams, thereby reducing the event’s carbon footprint. The initiative is part of a broader commitment to environmental and social responsibility, in line with Quebec’s efforts to promote sustainable tourism practices. In addition to bringing a boost to the local economy, the change in the Grand Prix’s dates will kick off the summer season earlier, enhancing Montréal’s and Quebec’s tourist appeal. Our team was actively involved throughout the review process, providing strategic advice and ensuring compliance with current regulations. The Lavery team was led by Sébastien Vézina, a partner in the firm’s Business Law group and the Head of the Sports and Entertainment Law team, with the support of Jean-Paul Timothée and Radia Amina Djouaher. Find out more here: 2026 Grand Prix: The funders are satisfied with the revised schedule (newswire.ca) Canadian Grand Prix to support F1 calendar rationalisation with scheduling change from 2026 | Formula 1® About Lavery Lavery is the leading independent law firm in Québec. Its more than 200 professionals, based in Montréal, Québec City, Sherbrooke and Trois-Rivières, work every day to offer a full range of legal services to organizations doing business in Québec. Recognized by the most prestigious legal directories, Lavery professionals are at the heart of what is happening in the business world and are actively involved in their communities. The firm’s expertise is frequently sought after by numerous national and international partners to provide support in cases under Québec jurisdiction.
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Employers’ Right to Require Medical Certificates: New Restrictions as of January 1, 2025
Quebec is currently facing a major shortage of physicians. To remedy the situation, several ministers in the CAQ government announced in early 2024 that significant changes would be implemented to reduce physicians’ administrative burden. In this context, on October 9, 2024, the National Assembly assented to Bill 68, An Act mainly to reduce the administrative burden of physicians.1 The provisions of the Act The new Act comprises 11 sections, many of which introduce amendments to the Act respecting labour standards2 (ALS) by restricting the right of employers to require documents attesting to the reasons for certain absences. Under the current legislation, an employer may be entitled to require a document from an employee who misses work owing to sickness in order to assess the reasons for the absence, its duration, or the employee’s ability to return to work. This is because, under the terms of a contract of employment,3every employer is entitled to expect their employee to fully perform the work agreed upon. Depending on the circumstances, the supporting document provided must in some instances indicate a specific medical diagnosis, an estimated duration of absence and other details relevant to handling the employee’s absence. In keeping with these principles, section 79.2 of the ALS provided that an employer informed of an absence owing to sickness, an organ or tissue donation, an accident, domestic violence, sexual violence or a criminal offence may, “[i]f it is warranted by the duration of the absence or its repetitive nature, for instance, [...] request that the employee furnish a document attesting to those reasons.” According to arbitral jurisprudence4 and that of the Administrative Labour Tribunal5, unwarranted refusal to provide such a document may constitute valid grounds for imposing an administrative or disciplinary measure, depending on the circumstances. That said, the new Act as adopted changes this balance. Indeed, a paragraph has been added to section 79.2 of the ALS specifying that “[...] no employer may request the document referred to in the first paragraph for the first three periods of absence not exceeding three consecutive days taken over a period of 12 months.” It will therefore be prohibited to require a supporting document, including a medical certificate, for the first three short-term absences (less than four days) occurring over the 12 preceding months. According to the comments of the Minister of Labour, such calculation of absences is to begin with the first absence during the year rather than as of January 1st of each year.6 The Act does not provide for an exception in cases where absences are excessive or otherwise questionable. Under which conditions will employers be entitled to require a medical certificate? Under the Act, employers retain the right to require a medical certificate where the absence is likely to last four consecutive days or more. What is more, the provision does not deny employers the right to investigate situations that appear questionable. The aforementioned prohibition will also apply to employers whose employees are governed by the Act respecting labour relations, vocational training and workforce management in the construction industry.7 Furthermore, the Act includes an amendment to the provisions relating to family or parental leave and absences. The third paragraph of section 79.7 of the ALS is amended so as to prevent employers from requiring a medical certificate to justify such absences. However, we believe this amendment in no way affects their right to require any other type of documentation, particularly as regards obligations relating to daycare services or educational institutions. Where an offence is committed, the penal provisions already included in sections 139 to 147 of the ALS apply. As these amendments are of public order and take precedence over any contract, policy or collective agreement, any measure imposed on an employee that would contravene any of these new obligations may be deemed invalid or result in a prohibited practice complaint. How will the Act affect insurers and employee benefit plan administrators? On another note, the Act mainly to reduce the administrative burden of physicians also introduces a new prohibition applicable to insurers and employee benefit plan administrators. They will no longer be entitled to require that a medical service, such as a consultation, be received in order to reimburse the cost of services or a technical aid, nor will they be entitled to require that a medical service be received at a predetermined frequency different from that considered appropriate by the attending physician for the purpose of maintaining the payment of disability benefits. Coming into force The amendments to the ALS will come into force as of January 1, 2025. The amendments concerning insurers and employee benefit plan administrators will apply subsequently at a date or dates to be set by the Government. S.Q., 2024, c. 29. CQLR, c. N-1.1. Civil Code of Québec, CQLR, c. CCQ-1991, art. 2085. See in particular the case law cited in Linda Bernier, Guy Blanchet and Éric Séguin, Les mesures disciplinaires et non disciplinaires dans les rapports collectifs du travail, 2nd ed. Cowansville, Éditions Yvon Blais, loose-leaf, updated to May 30, 2024, paras. 1.055 et seq. See in particular : Marchessault et CPE Les Petits Adultes, 2019 QCTAT 1632, paras. 37–38; Labourdette et Protecteur du citoyen, 2019 QCTAT 4831, para. 52. COMMITTEE ON LABOUR AND THE ECONOMY, Clause-by-clause consideration of Bill 68, An Act mainly to reduce the administrative burden of physicians, October 1, 2024. CQLR, c. R-20.
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Laurence Bich-Carrière, a rising star in the Canadian legal profession
Lavery is proud to announce that on November 19, Laurence Bich-Carrière received the Rising Stars Leading Lawyers Under 40 award from Lexpert. This prestigious award honours lawyers under the age of 40 in Canada who distinguish themselves in the legal profession. The winners are selected by a jury of law firm managing partners and recognized corporate counsels, based on rigorously studied criteria like leadership, outstanding professional achievement and service to clients. As a litigation partner and a member of the Barreau du Québec and of the Law Society of Ontario, Laurence is an accomplished lawyer. Specializing in complex litigation, her expertise is especially valued in class actions and appeals. Her clients appreciate her efficiency, her stringent analyses and her ability to propose a range of solutions, often by thinking outside the box, to further her cases. Laurence is committed to her clients and her colleagues, and she is also a very active member of the legal community, proving her professional versatility. She is also involved with other legal institutions—she is a member of the civil procedure committee of the Barreau du Québec, a member of the executive committees of the Canadian Bar Association, Quebec Branch, including the Research and Knowledge Management section and the International section—and community organizations, such as the board of directors of the Fondation Claude Masse for the dissemination of consumer law knowledge. In addition to her solid practical experience, Laurence is also interested in research and training the next generation of lawyers. She is a sought-after speaker, the author of some forty publications, including several in scientific journals, she occasionally lectures and participates in the deliberation of various university research groups. Congratulations to Laurence on this well-earned recognition of her talent and expertise. For more information, read the article : 2024 Winners | Lexpert Rising Stars About Lavery Lavery is the leading independent law firm in Québec. Its more than 200 professionals, based in Montréal, Québec City, Sherbrooke and Trois-Rivières, work every day to offer a full range of legal services to organizations doing business in Québec. Recognized by the most prestigious legal directories, Lavery professionals are at the heart of what is happening in the business world and are actively involved in their communities. The firm’s expertise is frequently sought after by numerous national and international partners to provide support in cases under Québec jurisdiction.
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La Presse’s Big Gamble Pays Off
Pierre-Elliott Levasseur will always remember a conversation he had in 2010 with Guy Crevier, Editor of La Presse, who was also its president at the time. “The first iPad had just come out. We were both looking at the tablet and, although we didn’t know exactly what to think, we knew we had to do something with this new tool,” says Pierre-Elliott Levasseur, who has been President of La Presse since 2016. The rest, as they say, is history. La Presse’s titanic digital transformation and overhaul of its business model became a case study that has been making headlines for almost 15 years. The last major milestone in this evolution was its change of business model in 2018, when La Presse decided to adopt a not-for-profit structure. This allowed it to diversify its revenue streams by obtaining donations and assistance from the federal and provincial governments, in addition to advertising revenue. Power Corporation would no longer own La Presse, abandoning the business model adopted by the media industry for the past century. This new model also enabled La Presse to become one of the first news media in the country to obtain Registered Journalism Organization (RJO) status. Thanks to this, La Presse can now issue tax receipts to its donors, thus diversifying its income and ensuring its long-term survival. All this was a big gamble in uncharted territory, but La Presse was no stranger to risk taking over the years. Why the change in structure? In a difficult economic climate for media companies, marked by declining ad revenues and fierce digital competition, La Presse has chosen to remain faithful to the principle of free access, which is deeply rooted in its mission. Quality information is a public good, and a public good must serve the entire population, for free. We had to find another business model to increase and diversify our revenue streams. If La Presse hadn’t transformed itself, it wouldn’t have survived. We had no choice but to take the risk. Pierre-Elliott LevasseurPrésident, La Presse Six years later, the gamble has paid off handsomely. Since the launch of the philanthropic model, over 75,000 people have donated to La Presse. La Presse is the largest independent French-language media in North America, with over 500 employees, including 220 in the newsroom. Every month, La Presse reaches 4 million readers, or 60% of Quebec’s adult population. “The quality of the product remained at the heart of all our decisions: we never compromised on that,” says Pierre-Elliott. Human challenges Getting there wasn’t easy. “The expression we used in 2018 when Power Corporation was no longer our owner was ‘we’re leaving the nest.’ We had to find a solution together, because otherwise we’d have gone bankrupt together.” The culture of change that La Presse had developed in previous years as part of its digital transformation was the first step towards success. “It wasn’t our first transformation. But it certainly required a lot of communication to reassure people and convince them that we were heading in the right direction.” Its excellent relationship with the unions was another success factor. “The unions supported us and always acted with us.” In addition to a $50 million contribution to fund the transition, Power Corporation retained responsibility for past retirement plan obligations, which cushioned the risk and reassured employees. Legal challenges On top of the human challenges, there were legal obstacles. In order to convert to a not-for-profit structure, La Presse had to obtain a legislative change from the elected members of the National Assembly. When Power Corporation acquired the newspaper in 1967, the Quebec government passed a law preventing the transfer of ownership to foreign interests. A unanimous vote was required to amend the law. “It was definitely a period of uncertainty. It was difficult to move forward operationally,” recalls Pierre-Elliott. In July 2018, the legislative change was approved, and La Presse became an independent, not-for-profit structure. A few months later, the philanthropic program was launched, and La Presse received its first donations from readers. At the end of 2020, the tax transformation was completed, with the Canada Revenue Agency granting La Presse its Registered Journalism Organization (RJO) status, enabling it to become a qualified donee and issue tax receipts for donations received. Committed donors In 2023, 56,000 donors contributed a total of $7.8 million to La Presse, an increase of 13% over 2022. “We started from zero and have now reached nearly $8 million in donations. This would not have been possible without our loyal donors,” says Pierre-Elliott. La Presse ended the 2023 fiscal year with a positive balance sheet and a $40 million reserve fund. “This fund is designed to ensure La Presse’s long-term future, allowing us to weather economic downturns or technological changes. The fund also allows us to reinvest in our mission and in journalism in Quebec.” Never stop innovating At the same time, La Presse has seen an increase in advertising revenue in a shrinking market. These results can be attributed, in part, to yearly innovations in its advertising product offerings. “Our advertising products are based on data and careful audience segmentation, in full compliance with the industry’s highest privacy standards. We listen to our customers and advertisers to understand their needs before making business decisions,” says Pierre-Elliott. In writing its content, La Presse works with tools used by the world’s leading media, including the BBC and The Guardian, to determine angles for its coverage based on readers’ main information needs: to be informed, but also to have context, to be guided in their lives, and to be inspired and entertained. La Presse’s journalistic mission is supported by a solid business team. For example, La Presse employs specialized technology and business intelligence teams. These two teams have nearly 100 employees working on innovative tools that help La Presse compete ethically and locally with some of the solutions offered by American digital giants. La Presse’s digital transformation and change in business model have been essential to its success. “Our commitment to digital transformation was total. We didn’t compromise.” Today, La Presse has a competitive and strategic advantage that’s hard to rival. This year marks La Presse’s 140th anniversary, while La Presse+ celebrates its 11th. Through many storms, independently and without commercial shareholders, La Presse continues to reinvent itself. Not only has its gamble paid off, but La Presse has also remained true to its mission of delivering quality journalism that’s free and accessible to everyone. And that’s something that will never change,” says Pierre-Elliott.
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Lavery recognized in Best Lawyer's new directory of Canada's best law firms for 2025
We are pleased to announce that Lavery has been recognized as one of the top law firms in the new edition of Best Law Firms - Canada published by Best Lawyers for 2025. Our firm was ranked in 16 practice areas nationally and 50 practice areas regionally. These recognitions are further demonstration of the expertise and quality of legal services that characterize Lavery's professionals. Firms on the 2025 Best Lawyers - Canada list are recognized for their professional excellence through evaluations by their clients and peers. Areas of expertise in which Lavery is recognized: Tier 1 Administrative and Public Law (National / Regional) Banking and Finance Law (Regional) Class Action Litigation (Regional) Commercial Leasing Law (Regional) Construction Law (Regional) Corporate and Commercial Litigation (Regional) Corporate Law (Regional) Family Law (National / Regional) Information Technology Law (Regional) Insolvency and Financial Restructuring Law (Regional) Insurance Law (National / Regional) Intellectual Property Law (Regional) Labour and Employment Law (Regional) Mergers and Acquisitions Law (Regional) Mining Law (Regional) Natural Resources Law (Regional) Product Liability Law (Regional) Securities Law (Regional) Trusts and Estates (Regional) Workers' Compensation Law (Regional) Tier 2 Administrative and Public Law (Regional) Advertising and Marketing Law (Regional) Alternative Dispute Resolution (Regional) Biotechnology and Life Sciences Practice (Regional) Class Action Litigation (National) Corporate Governance Practice (Regional) Corporate Law (National / Regional) Director and Officer Liability Practice (Regional) Energy Law (Regional) Environmental Law (Regional) Family Law (Regional) Health Care Law (Regional) Insurance Law (Regional) Intellectual Property Law (National) Labour and Employment Law (National) Professional Malpractice Law (Regional) Real Estate Law (Regional) Tax Law (Regional) Trusts and Estates (National) Tier 3 Aboriginal Law / Indigenous Practice (Regional) Alternative Dispute Resolution (Regional) Banking and Finance Law (National) Construction Law (National) Corporate and Commercial Litigation (National) Defamation and Media Law (Regional) Employee Benefits Law (Regional) Equipment Finance Law (Regional) Family Law Mediation (Regional) Health Care Law (Regional) Insolvency and Financial Restructuring Law (National) Mergers and Acquisitions Law (National) Mining Law (National) Privacy and Data Security Law (Regional) Private Funds Law (Regional) Professional Malpractice Law (Regional) Project Finance Law (Regional) Securities Law (National) Workers' Compensation Law (National) About Lavery Lavery is the leading independent law firm in Quebec. Its more than 200 professionals, based in Montréal, Quebec, Sherbrooke and Trois-Rivières, work every day to offer a full range of legal services to organizations doing business in Quebec. Recognized by the most prestigious legal directories, Lavery professionals are at the heart of what is happening in the business world and are actively involved in their communities. The firm’s expertise is frequently sought after by numerous national and international partners to provide support in cases under Quebec jurisdiction. About Best Lawyers Best Lawyers is the oldest and most respected lawyer ranking service in the world. For almost 40 years, Best Lawyers has assisted those in need of legal services to identify the lawyers best qualified to represent them in distant jurisdictions or specialized areas. Best Lawyers lists are published in leading local, regional, and national publications across the globe.
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Two new members join Lavery’s ranks
Lavery is pleased to announce that two recently sworn-in lawyers are joining Lavery following the completion of their articling within the firm. Éloïse Fortin Éloïse joins our Family, Personal and Estate Law group. She focuses her practice on family law, handling divorce, separation, division of property, parenting time, and child and spousal support cases. “What inspires me about Lavery is their ongoing commitment to excellence and innovation. The firm’s vision combines legal know-how with a deep understanding of client needs to create the perfect environment for collaboration and growth. I feel privileged to be part of this exceptional team. It motivates me to provide high-quality services with a human touch.” El Hadji Alioune Seck Alioune joins our Litigation and Dispute Resolution group. Since joining the firm as a student, Alioune has been involved in major civil, constitutional and administrative cases before various jurisdictions, including the Federal Court and the Court of Appeal of Quebec. “When you join the Lavery team, it doesn’t take long to realize that you are part of an incredible talent incubator where you can develop your full potential. Your colleagues will give you a leg up right from the start and won’t hesitate for a second to entrust you with major responsibilities once you’ve proven yourself. As a lawyer, you couldn’t ask for a better environment to grow your practice and steadily build your professional reputation.”
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