Publications
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The Superior Court applies restrictive interpretation to additional hypothecs
The scope of additional hypothecs was examined by the Superior Court on September 6, 2011 in the case of Banque Nationale du Canada v. Larouche.At issue in this case was whether the additional hypothec provision contained in the deed of hypothec granted by Mr. Larouche in favour of the National Bank (…)
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The Supreme Court confirms that not all aboriginal practices are protected by section 35 of the Constitution Act, 1982
The Supreme Court of Canada confirms that only those modern practices that maintain a reasonable degree of continuity with the practices, customs or traditions that were integral to an aboriginal groups pre-contact distinctive culture will be protected as an aboriginal right under section 35 of the (…)
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Disciplinary Measures relating to the use of Computer Equipment : Coca-Cola is forced to reinstate an employee
The Commission des relations du travail (the «Commission») recently ruled on the way in which an employer proceeded to impose a disciplinary measure on an employee due to his use of computer equipment belonging to the employer.On October 11, 2011, the Commission allowed the complaint (…)
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Amazon.com finally clicks with the Canadian Intellectual Property Office
More than 12 years after its original filing date, the Canadian Intellectual Property Office (CIPO) has finally granted Canadian Patent No. 2246933 for a “Method and System for Placing a Purchase Order via a Telecommunications Network” (the “One Click Patent”). The application had most recently been (…)
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Legal newsletter for real estate professionals, Number 1
CONTENT The Breach of a Promise to Purchase - Liability of the Third Party Purchaser Entire Agreement Clauses Closed Hypothecary Loans With a Term Exceeding Five (5) Years: Legislative Change The Breach of a Promise to Purchase - Liability of the Third Party Purchaser Louis-Martin Dubé (…)
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Legal newsletter for technology, life sciences and intellectual property sectors, Number 1
Hyperlinks and defamation: a Judgment that Clarifies the Rules The Myriad Case: Are DNA Molecules Patentable or Not? Lessons Drawn From the Supreme Court's Decision in Masterpiece: Register Your Trade-Marks!
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What if what was published on Facebook was admissible as evidence?
The advent of social networks such as MySpace, Facebook, Diaspora, Photobucket, Twitter, You Tube and others has brought significant changes to social relationships. In Quebec alone, more than 3,250,000 persons have a profile on Facebook. In 2010, the use of social media intensified in Quebec; (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 14
Defined Benefit Pension Plans : The Temporary Funding Relief Measures will Likely be Extended! A New Statutory Framework for Federal Not-for-profit Organizations Conversion of Debt into Shares by a Corporation in Financial Difficulty; Pay Attention to the Tax Consequences Conflicting (…)
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Legal newsletter for business entrepreneurs and executives, Number 11
SMEs, Governance and Directors
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Corporate directors in Quebec in the wake of the economic crisis
The role, and especially the liability, of corporate directors have evolved considerably over the last few decades. Obviously, the financial scandals of the 1990s are largely responsible for this change that began in the United States with the enactment of the Sarbanes-Oxley Act of 2002, prompting (…)
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OCRCVM v. Beaudoin and AMF (C.A.) – Courts of justice cannot homologate a disciplinary decision in the absence of a specific legislative provision to that effect
The Investment Industry Regulatory Organization of Canada (IIROC, formerly known as the Investment Dealers Association of Canada (IDA)) is a self-regulatory organization recognized by the Autorité des marchés financiers (AMF), which mainly deals with disciplinary complaints against its members. For (…)
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The Superior Court refuses to authorize a class action against a furniture and electrical household appliances giant
The Honourable Justice Louis-Paul Cullen of the Superior Court rendered a judgment on September 23, 2011 which dismissed a motion for authorization to exercise a class action instituted by Mr. Kerfalla Toure (hereinafter 'Toure') against Brault & Martineau (hereinafter 'B & M').