Publications

January 30, 2015

The Supreme Court of Canada further clarifies the rights of workers

On January 30, 2015, in the Saskatchewan Federation of Labour v. Saskatchewan (2015 SCC 4) decision, the Supreme Court of Canada further clarified the scope of the rights of workers pursuant to section 2(d) of the Canadian Charter of Rights and Freedoms (the “Charter”). Indeed, in its 2007 decision (…)

January 14, 2015

Canada strengthens the protection of copyright and trademark rights with the enactment of new border enforcement measures

Since January 1st 2015, the sections of the Act to amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts (“the Act”) with respect to the new border enforcement measures have come into force in Canada. The purpose of the Act is to help Canadian copyright (…)

January 13, 2015

Vapour intrusion

In the United States, new rules will soon be taking effect making consideration of vapour intrusion risk a mandatory step in the Phase I environmental site assessment (ESA) process. Companies should review their real estate portfolios and consider whether properties may be at risk. In Canada, (…)

December 17, 2014

Ditomene c. Boulanger, the next round: the Court of Appeal holds that procedural fairness rules need not be followed in the context of an employer’s investigation into alleged harassment

In a unanimous decision dated November 17, 2014,1 the Court of Appeal of Québec held that the procedural fairness rules applicable in administrative and public law do not apply in the context of a psychological harassment investigation conducted by an employer. As a result, the Court set aside the (…)

December 17, 2014

An employer can file a counter claim against an employee in the context of proceedings instituted by the Commission des normes du travail in order to enforce the right of set-off

In Commission des normes du travail v. Compagnie d'assurances Standard Life du Canada,1 (the “Standard Life of Canada case”), the Court of Québec allowed an employer to file a counterclaim against an employee in the context of proceedings instituted by the Commission des normes du travail (“CNT”) on (…)

December 12, 2014

Private equity fund economics in Canada: An overview of the essentials

Private equity fund economics play an important role in attracting investors to a given fund. Indeed, investors want to know how expenses will be shared, what fees are applicable and how profits will be allocated. The summary below provides a brief overview of the most common fund arrangements with (…)

December 12, 2014

Rules on mark-to-market properties — A pitfall to avoid

The Income Tax Act (Canada) contains specific rules which apply to certain properties held by financial institutions known as the mark-to-market properties rules (hereinafter “MTMP”). These complex rules are often poorly understood and can result in unexpected tax consequences in various situations (…)

December 10, 2014

Legal newsletter for business entrepreneurs and executives, Number 23

SUMMARY MUNICIPAL TAXES: IS IT POSSIBLE TO REDUCE THE BILL? PATENTS ON INFORMATION TECHNOLOGY: NEW BENCHMARKS   MUNICIPAL TAXES: IS IT POSSIBLE TO REDUCE THE BILL? Audrey-Julie Dallaire The tax pressure stemming from municipal taxes certainly constitutes an irritant for businesses. It was (…)

November 10, 2014

Changes to the Code of Civil procedure (Quebec) - Small claims: From $7,000 to $15,000

On January 1, 2015, the jurisdictional threshold of the Small Claims Court will be raised from $7,000 to $15,000. This constitutes a first step toward the modernization of civil procedure, explained the Minister of Justice, which will be followed by the coming into force of the new Code of Civil (…)

October 30, 2014

Omnibus Bill C-43 – PLT and the Hague Agreement

Bill C-43 was introduced in the House of Commons of Canada on October 23rd, 2014. This omnibus budget bill, also referred to as the Economic Action Plan 2014 Act, No. 2, enacts and amends more than twenty (20) different statutes, including the Patent Act and the Industrial Design Act. Regarding (…)

October 20, 2014

Builder’s risk insurance: Insurable interest and subrogation rights

I. Intact, compagnie d’assurances v. Théberge & Belley (1985) inc. and l’Union canadienne compagnie d’assurance and EBC inc.1 In this case, the Court of Appeal held that an insurer who indemnified its insured pursuant to “contractors’ equipment” coverage cannot exercise its subrogation rights (…)

October 15, 2014

The cooperative capital markets regulatory system: Publication oF the legislative Drafts – a new stage is reached

On September 8, the Canadian Department of Finance announced the signature of a memorandum of agreement (the "Agreement") between the provinces of British Columbia, Ontario, Saskatchewan and New Brunswick, and the federal government (the "Participating Jurisdictions") formalizing the terms and (…)

October 15, 2014

The Superior Court clarifies the concept of Novation

The Superior Court considered two interesting issues in the case of Banque Laurentienne du Canada v. Yuan.1 First, it had to determine whether a term loan that was used to payout an existing term loan had resulted in the novation of the first debt. Second, it had to determine what the effect the (…)