Publications

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 (…)

October 8, 2014

Dispositions ordering treatment for patients found unfit to stand trial: health institutions must provide prior consent to all components of the order, including the date of admission

On October 3, 2014, the Supreme Court of Canada, by a majority decision of 5 to 4,1 confirmed that a disposition ordering the treatment of an accused who is found unfit to stand trial requires the prior consent of the designated hospital to all the terms of the disposition order, inclusive of the (…)

October 8, 2014

Future changes to Canada’s Trade-Marks Act

Significant modifications to the Canadian trade-mark system are expected in the near future. According to the Canadian Intellectual Property Office (“CIPO”), the amendments should come into force at the end of 2015 or early 2016. Said changes arise from the negotiation of a free trade agreement (…)

September 22, 2014

Class Actions : The Conversion Rate Tale Reaches it's Final Chapter

This publication was authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. On September 19, 2014, the Supreme Court of Canada issued its ruling in the so called “banks’ cases”1, in the context of which consumers (…)

September 18, 2014

Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 25

CONTENTSInter Vivos discretionary trusts are still relevantA matter of trusts : review of the most frequent pitfallsINTER VIVOS DISCRETIONARY TRUSTS ARE STILL RELEVANTEmmanuel Sala and Luc Pariseau Although the 2014 federal Budget Plan restricted some family tax planning measures involving inter (…)

September 16, 2014

Legal newsletter for business entrepreneurs and executives, Number 22

SOMMAIRE GST/QST Election: Get Ready for 2015 “Laying Yourself Bare” to Get the Best Insurance Coverage! Clear Communication Between the Client and the Insurance Broker: The Key to Success   GST/QST Election: Get Ready for 2015Carolyne Corbeil and Emmanuel Sala Generally, certain (…)

September 8, 2014

Processing Users Complaints in Health Institutions : the Court of Appeal Confirms that the 45-Day Time Limit Is Not Mandatory

In an unanimous decision dated September 4, 20141 , the Court of Appeal confirmed that the 45-day time limit under the Act Respecting Health Services and Social Services2 (ARHSSS) to allow the medical examiner and the local service quality and complaints commissioner to process a user complaint is (…)

August 15, 2014

Hiding environmental reports: a risky business!

A recent decision of the Ontario Court of Appeal clearly illustrates the kinds of problems caused by site contamination at a shopping centre. The case should be of interest to anyone who works on commercial transactions. If there is something to be learned from this story, it is that you need to (…)

July 31, 2014

A pregnant worker’s right to benefits in the event of preventive withdrawal pursuant to section 36 of the AROHS does not apply to a business under federal jurisdiction: Éthier v. Commission des lésions professionnelles

This decision of the Superior Court of Québec addresses a pregnant worker’s right to preventive withdrawal where said worker is employed by a business under federal jurisdiction.1 In this case, questions of constitutional jurisdiction were raised and the Superior Court confirmed that article 36 of (…)

July 31, 2014

The Asphalte Desjardins matter: the Supreme Court of Canada overturns the decision of the Québec Court of Appeal

On July 25, 2014, the Supreme Court of Canada rendered its decision inQuébec (Commission des normes du travail) v. Asphalte Desjardins inc.1 In this ruling, which overturned a judgment by the Québec Court of Appeal,2 the Supreme Court concluded that an employer who receives notice of termination (…)