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AI in business: how to manage the risks?

AI in business: how to manage the risks?

What effect chat technology (ChatGPT, Bard and others) will have on businesses and workplaces.

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Publications

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  • Doing Business in Quebec – Our guide

    The “Doing Business in Quebec” guide is a comprehensive, practical resource for any company hoping to thrive in Quebec’s competitive and regulated business landscape. Discover our guide Doing Business in Québec Download You’ll find some key information on: sources of funding to support your activities; requirements under the Act respecting the legal publicity of enterprises, to make sure your business is compliant; mergers and acquisitions, including practical information on how to carry out these complex transactions in Quebec; tax issues, including income tax, employer costs, consumption tax, and tax incentives, to help you streamline your finances; labour, about which a whole section will walk you through employment contracts, worker rights, compensation for work accidents, union relations, and immigration considerations, for effective HR management; intellectual property protection, which is critical to securing your innovations and brands; French language requirements, new regulations on trademarks and laws on consumer protection and privacy. The “Doing Business in Quebec” brochure is a guide to setting up or expanding in Quebec. In it, you’ll learn how to confidently navigate the Quebec legal system. Whether you’re a foreign or local company, find out how to set up the right type of legal entity for your needs, such as a branch, a subsidiary or a partnership, and understand the advantages and processes associated with each option. Any foreign corporation wishing to do business in Quebec should be able to rely on a reputable law firm to help it get established and give it advice on all provincial and Canadian legal and regulatory matters. Whether in the area of business law, labour and employment law, tax law, business finance or directors’ and officers’ liability, the Lavery team can assist you at every stage as you set up your business in Quebec by providing you with the best advice and helping you navigate the Quebec and Canadian legal landscape. Aside from specific legal expertise, Lavery works with a large network of major business partners. We can introduce you to them to expand your network and smoothly transition your business to Quebec.

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  • Presumptive Evidence of an Insured’s Intentional Fault: The Superior Court Dismisses Proceedings Instituted Against an Insurer

    Introduction On July 2, 2024, the Superior Court rendered a decision in Lallier c. Société d’assurance Beneva inc.,1 ruling on an insured’s claim against his insurer for an insurance benefit further to a loss, as the insurer had denied coverage, alleging the insured’s intentional fault. Despite the absence of hard evidence of the insured’s intentional fault, the Court ruled in favour of the insurer based on evidence established by presumption.  The facts During the night of August 2 to 3, 2020, a fire destroyed the home of Plaintiff, Mr. Réjean Lallier (hereinafter “the Insured”). His version is that he accidentally left a candle burning in the bathroom before running errands with his son. When he returned, the Insured saw that the house was on fire. Having no telephone, he rushed to a convenience store to call the fire department, rather than asking a nearby resident for help. After the loss, the Insured contacted his insurer Société d’assurance Beneva inc., the defendant in the case (“the Insurer”), to obtain compensation for the damage to his property. The claims adjuster that the Insurer had assigned to the case and who had been tasked with investigating the loss and compensating the Insured raised several anomalies in the Insured’s deposition. These included the Insured’s precarious financial situation, the fact that the residence was poorly maintained and the fact that, despite the urgency of the situation, the Insured had decided to take his car to call for help rather than go to a neighbour’s house. In these circumstances, the case is referred to the Insurer's special investigation unit. The Insurer’s investigation ultimately led to the conclusion that the Insured had intentionally caused the fire. This meant that contractual and legal exclusions applied, allowing the Insurer to deny coverage and justify its refusal to pay an insurance benefit. The Insured, who represented himself at the trial, instituted legal proceedings for the sum of $680,000, seeking reparation for damage to the immovable, his movable property and for living expenses. He also claimed $20,000 in compensation for the alleged inconvenience he suffered as a result of the Insurer’s “abusive behaviour.” Analysis The Honourable Justice Sébastien Vaillancourt, J.S.C., pointed out that, under article 2464 of the Civil Code of Québec2 and the provisions of the insurance policy, the Insurer is not obliged to compensate for damages intentionally caused by the Insured. However, the Insurer has the burden of establishing the Insured’s intentional fault. The Court reiterated that intentional fault is defined as behaviour that is deliberately and voluntarily intended to cause harm.3 The offender’s intention must not only be evident in the actions taken, but also in the ensuing consequences.4 This can be demonstrated through serious, precise and concordant presumptions, in accordance with the teachings of the Court of Appeal in Barrette on the subject.5 To meet its burden of proof, the Insurer presented to the Court the inconsistencies and improbabilities in the Insured’s statements. For example, in some statements, he claimed to be in a good financial position, while in others, he stated the opposite. In addition, the time at which he left his house after lighting the candle, what he did with his son after he left and how long he was gone changed from one statement to the next. The Insured had trouble explaining in a coherent manner why he was gone for so long late in the evening while his house was going up in flames. The Insured indicated that he went to the convenience store to contact the fire department after seeing the fire, stating that he did not want to go to his neighbour’s house because they had had a disagreement in the past. The Court concluded that this version was implausible given the gravity of the situation. Several other contradictions were noted in the Insured’s testimony at trial. The Insured tried to justify himself by claiming that he had trouble speaking in public and that his medication was causing him to lose his memory.6 However, there was no evidence to support these claims, and they were not upheld by the Court.7 Ultimately, the judge did not accept the Insured’s version. The sheer number of contradictions in his statements went beyond what was acceptable to the Court to consider them reliable. Given that certain contradictions emerged as early as the first statement after the fire, the time lapse between the incident and the trial could not be used as a justification.8 The statements were considered untrue, as they were mutually inconsistent.9 What is more, the contradictions and inconsistencies in the statements pointed to fraudulent intent on the Insured’s part. Lastly, the claim for damages in compensation for the Insurer’s abusive behaviour was also dismissed, given the absence of evidence in this regard.10 Conclusion Demonstrating fraudulent intent to deny coverage is no simple feat for insurers. In this case, the Insurer succeeded in meeting its burden of proof by relying on presumptions rather than hard evidence. The facts spoke for themselves. And faced with the Insured’s numerous inconsistent and contradictory statements, the Court ruled in favour of the Insurer. The Insured’s fraudulent intent was successfully substantiated and his claim against the Insurer was dismissed.11 Lallier c. Société d’assurance Beneva inc., [2024] n° 500-17-116356-216, QCCS. [Lallier] (Time limit for appeal: 30 days after the date of the notice of judgment). Civil Code of Québec, a. 2464; Lallier, para. 34. Allstate du Canada, compagnie d’assurances c. D., SOQUIJ AZ-50101469, J.E. 2001–1891, (C.A.), para. 18, as quoted in Lallier, para. 36. [Allstate] Allstate, para. 18, as quoted in Lallier, para. 36.  Lallier, paras. 37–38; see Barrette c. Union canadienne (L’), compagnie d’assurances,2013 QCCA 1687, paras. 12–13. Lallier, para. 43. Lallier, paras. 44–46. Lallier, para. 47. Maud Rivard, Dispositions générales applicables aux assurances de dommages, JCQ-Droit civil Contrats nommés II, Fascicle 20, para. 92, updated to June 20, 2023, as quoted in Lallier para. 49. Lallier, paras. 59–62. Lallier, paras. 56–58.

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  1. Four new members join Lavery’s ranks

    Lavery is delighted to welcome Hugo Carrier-L'Italien, Julien Desoer, Gabrielle Gallio and Rodrigo Olmos-Hortigüela. Hugo Carrier-L'ItalienHugo is a member of Lavery's Litigation and Dispute Resolution group and focuses his practice mainly on banking, civil and commercial litigation, restructuring, as well as bankruptcy and insolvency. He acts on behalf of financial institutions and mortgage lenders, in particular. "The obvious passion of the team members and their willingness to create an environment where lawyers are motivated and happy to work is what motivated me to join Lavery". Julien DesoerJulien is a member of the Labour and Employment Law group. As part of his practice, he advises and supports his clients in matters involving both collective and individual labour relations. He is called upon to deal with issues relating to the interpretation and application of employment contracts, collective agreements, labour standards, employer's management rights, as well as the enforcement of disciplinary measures. "Lavery has a long history of excellence and values shared insights among its outstanding lawyers who work together in solidarity. I'm very much looking forward to joining a firm deeply rooted in Quebec that focuses on mentoring and helping its employees develop their professional skills." Gabrielle GallioGabrielle is a member of the Family, Personal and Estate Law team.She specializes in family matters, focusing on the human side of the law and passionately advocating for her clients. She uses a personalized approach tailored to each individual's specific needs, while emphasizing mediation and negotiation to achieve rapid, creative settlements. "Lavery's commitment to excellence and a welcoming approach is one of the reasons I joined this team of seasoned professionals. Working as a family and youth lawyer is my calling. I am committed to supporting parents in difficult situations, helping them to protect what is most precious to them. Lavery offers a range of multidisciplinary legal services through its team of forward-thinking professionals. That is essential in the practice of family law, as working as a team with experts from related disciplines provides broader perspectives and leads to better solutions. I look forward to joining a team that will enable me to help others, one family at a time." Rodrigo Olmos-HortigüelaRodrigo is a lawyer and member of the Business Law group. His main areas of practice are private equity, venture capital, private financing, and mergers and acquisitions. "I decided to join Lavery mainly because the firm is highly esteemed, its decision-making center is located in Quebec, and its clientele is both diversified and sophisticated. It's also an excellent opportunity for me to work with professionals from a wide range of fields."

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  2. Lexpert Recognizes Three Partners as Leading Technology and Health Lawyers in Canada

    On June 17, 2024, Lexpert recognized the expertise of three of our partners in its 2024 Lexpert Special Edition: Technology and Health. Chantal Desjardins, Isabelle Jomphe, Béatrice T Ngatcha, Selena Lu and André Vautour now rank among Canada’s leaders in the area of Technology and Health. Chantal Desjardins is a partner, lawyer and trade-mark agent in Lavery’s intellectual property group. She contributes actively to the development of her clients’ rights in this field, which includes the protection of trademarks, industrial designs, copyright, trade secrets, domain names and other related forms of intellectual property, in order to promote her clients’ business goals. Isabelle Jomphe is a partner, lawyer and trade-mark agent in Lavery’s intellectual property group. Ms. Jomphe’s expertise includes trademark, industrial design, copyright, domain names, trade secrets, technology transfers, as well as advertising law, labelling and Charter for the French Language regulations. She is known for providing strategic and practical advice in all aspects of IP law, with an emphasis in the field of trademarks. She advises clients in trade-mark clearance searches, filing strategies, opposition proceedings and litigation in Canada and abroad. Béatrice T Ngatcha is a lawyer and patent agent in Lavery’s intellectual property group. She is a patent agent registered to practice in Canada and the United States. She is also a lawyer called to the Ontario Bar and a member of the Quebec Bar (c.j.c). Béatrice holds a doctoral degree in chemistry from Université Laval and has been a post-doctoral fellow at the National Research Council in Ottawa. In addition to a busy patent prosecution practice serving Canadian and foreign clients, Beatrice’s expertise in sought in the areas of intellectual property litigation, trade secrets, due diligence, strategy, portfolio value building, licensing and arbitration. Selena Lu is a partner in the Business Law group and focuses her practice on mergers and acquisitions. She frequently advises clients abroad on commercial law matters relating to investment and expansion in Canada. Over the years, Selena has developed an interest and acquired significant experience in supporting customers in their technological change. On a day-to-day basis, she advises clients on the legal impacts of the introduction of new technologies. Moreover, she oversees the development of the structure and negotiation of mergers and acquisitions along with complex business relationships for developing, marketing and acquiring technologies. André Vautour practices in the fields of corporate and commercial law and is particularly interested in corporate governance, strategic alliances, joint ventures, investment funds and mergers and acquisitions of private corporations. He practises in the field of technology law (drafting technology development and transfer agreements, licensing agreements, distribution agreements, outsourcing agreements, and e-commerce agreements). 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.

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  3. Lexpert Recognizes Four Partners as Leading Infrastructures Lawyers in Canada

    On May 13, 2024, Lexpert recognized the expertise of four of our partners in its 2024 Lexpert Special Edition: Infrastructure. Jean-Sébastien Desroches, Nicolas Gagnon, Marc-André Landry and André Vautour now rank among Canada's leaders in the area of infrastructure law. Jean-Sébastien Desroches practices business law and focuses primarily on mergers and acquisitions, infrastructure, renewable energy and project development as well as strategic partnerships. He has had the opportunity to steer several major transactions, complex legal operations, cross-border transactions, reorganizations, and investments in Canada and at an international level on behalf of Canadian, American and European clients, international corporations and institutional clients in the manufacturing, transportation, pharmaceutical, financial and renewable energy sectors. Nicolas Gagnon specializes in construction law and surety law. He counsels public and private sector clients, professional services firms and contractors as well as surety companies at every stage of construction projects. He advises clients on the public bidding and procurement processes and participates in the negotiation and drafting of contractual documents involving various project delivery methods, such as public-private partnership projects and design, construction, financing and maintenance contracts. In addition to advising various construction industry stakeholders on construction management and any claims that may arise, he also assists them with dispute resolution processes. Marc-André Landry  is a member of the Litigation and Conflict Resolution group and focuses his practice on commercial litigation. He frequently assists his clients in resolving their disputes through negotiation, mediation or arbitration, or before the various courts of law. Over the years, he has represented businesses in many sectors, including construction, real estate, renewable energy, conventional energy, new technologies, financial services and pharmaceuticals. André Vautour practices in the fields of corporate and commercial law and is particularly interested in corporate governance, strategic alliances, joint ventures, investment funds and mergers and acquisitions of private corporations. He also practises in the field of technology law (drafting technology development and transfer agreements, licensing agreements, distribution agreements, outsourcing agreements, and e-commerce agreements). 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.

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