Publications

September 13, 2016

Health-care institutions: What is your responsibility when your are faced with a harassing and disruptive visitor?

Last June 16, the Superior Court of Québec1 rendered a safeguard order in an injunction proceeding in favour of a health-care institution the purpose of which was to set conditions for the visits of the daughter of a user of the institution who was an incapable person lodged there, as well as her (…)

September 7, 2016

Plant Protection in Canada

Although it is possible to patent certain plant-related innovations, another law exists in Canada drawn to plant protection, that is not as well-known as the Patent Act, but possesses characteristics conferring it significant advantages over the latter. The Plant Breeders’ Rights Act (PBRA) was (…)

August 31, 2016

The importance of the independence of international organizations playing an active role in fighting transnational corruption

Corruption is a scourge which transcends frontiers. In response to this situation, Canada has chosen to pass the Corruption of Foreign Public Officials Act (hereinafter referred to as the “CFPOA”) in 1998, then reinforced the regime thereof more recently. The difficulty with this Act lies in the (…)

August 29, 2016

Advance Medical Directives (Part 1 of 2)

Consent to End-of-Life Care Article 11 of the Civil Code of Québec1 states that no one can be made to undergo care without his consent. The Act respecting end-of-life care2 (“the Act”), passed by the National Assembly of Québec, came into force on December 15, 2015. Since that date, a person can (…)

August 17, 2016

Licence security requirements to be hiked shortly

Effective September 18, 2016, anyone wishing to obtain a general contractor licence will be required to first provide security of at least $40,000. The amount will be $20,000 for specialized contractors. Effective January 21, 2017, the Regulation to amend the Regulation respecting the professional (…)

August 10, 2016

Dismissal without cause under federal law: The Supreme Court of Canada closes the door

The case of Wilson v. Atomic Energy of Canada Limited1 came to a close on July 14, 2016, when the Supreme Court of Canada (the “Supreme Court”) reversed a controversial Federal Court of Appeal decision in which it had been held that a dismissal without cause was not necessarily an “unjust dismissal” (…)

August 4, 2016

The Canadelle case and the importance of contesting certain CNESST decisions promptly

On June 17, 2016, the Superior Court1 affirmed the 2014 decision of the Commission des lésions professionnelles2 (“CLP”) in Canadelle, s.e.c. and Commission de la santé et de la sécurité du travail.3 This decision put an end to the jurisprudential controversy regarding the application of sections 31 (…)

July 29, 2016

“Peer-to-peer” insurance: a grassroots revolution?

After the hospitality sector, transportation of passengers and corporate financing, insurance could be the next sector to see its business model influenced by the sharing economy. In the past few years, numerous start-up companies have launched businesses in “peer-to-peer” (“P2P”) insurance on (…)

July 22, 2016

The lack of conclusive scientific evidence is not necessarily a fatal bar to proving causation in relation to an occupational disease, according to the Supreme Court of Canada

Last June 24th, the Supreme Court of Canada (the “Supreme Court”) rendered judgment in the case of British Columbia (Workers’ Compensation Appeal Tribunal) v. Fraser Health Authority1 (“Fraser”). Briefly, this case involved seven laboratory technicians from the same hospital who had breast cancer. (…)

July 11, 2016

Bill 108 : highlights of the new rules on public contracting and the powers of the Autorité des marchés publics

Last June 8, Carlos J. Leitão, the Minister responsible for Government Administration and Ongoing Program Review and Chair of the Conseil du trésor, tabled Bill 108, An Act to facilitate oversight of public bodies’ contracts and to establish the Autorité des marchés publics. This Bill creates the (…)

July 7, 2016

For rent… but mind the risks! Home Insurance in the age of the sharing economy

Many people could hardly imagine planning their vacations without considering online vacation rental community platforms. And those who have property available for use might find it just as difficult to resist the temptation to increase their revenues by advertising their room, apartment, house or (…)

June 29, 2016

Options available to Canadian managers under the European AIF marketing rules

Martine Samuelian and Virginia Barat, JEANTET This article is supplementing the May 2016 issue of the Lavery Capital newsletter, number 9, which discusses the potential extension of the European passport regime (the “Passport”) – established under EU Directive no. 2011/61/EU (the “Directive”) – to (…)

June 28, 2016

Authorization of treatment and placement: The Québec Court of Appeal clarifies the meaning of article 393 C.C.P.

On May 10, 2016, the Québec Court of Appeal1 confirmed a Superior Court decision allowing an application for authorization of treatment and placement to a patient. The application had been brought by the Douglas Mental Health University Institute, commonly known as the Douglas, or the Douglas (…)