Publications
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Directors’ duties in light of the Peoples and BCE decisions
The Peoples and BCE decisions have shed considerable light upon the parameters and criteria for the exercise of directors’ duties in Canada.The purpose of this bulletin is to provide an update on: the nature and scope of directors’ duties and obligations; the identity of the (…)
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The Facebook revolution: to what extent can user privacy be protected?
Facebook can build an individual’s biography provided enough personal information is uploaded to the user’s profile. Since a user’s private life may be displayed on its site, what are Facebook’s obligations in terms of the protection of personal information?
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The Consumer Protection Act will affect new contracts
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 June 16 2009, the Minister of Justice introduced Bill 60 entitled An Act to Amend the Consumer Protection Act and Other Legislative (…)
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Changes to the obligations of a surety in the context of the restructuring of an insolvent construction company
In 2002, the Québec Court of Appeal acknowledged the importance of sureties in a dispute between a construction company and a supplier. The Court noted that the construction company's losses had been exacerbated by the withdrawal of its surety facility.More recently, the Québec Superior Court (…)
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Pensions: Good News from the Supreme Court of Canada!
In the Kerry decision rendered on August 7th, 2009, the Supreme Court of Canada confirmed that employers may oblige pension funds to pay Plan expenses, that is the expenses associated with the employment of actuaries, accountants, counsel and other service providers required for the administration (…)
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The CSST'S New Table of Maximum Consolidation Period: Whistling in the Wind!
Much has been and continues to be written about applications for cost-sharing under section 329 of An Act respecting industrial accidents and occupational diseases (the "AIAOD").The purpose of this provision, which is regularly used by employers, is to counterbalance the consequences of (…)
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Protecting your trade-marks from Facebook usernames
As of June 13, 2009, Facebook Inc. allows Facebook users to create personalized usernames for their Facebook pages on a first-come, first-served basis.
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The Court of Appeal authorizes an insurer to institute a subrogatory recourse as a preventive measure
On May 14, 2009, the Court of Appeal put an end to a controversy in the case law on the interpretation by Article 216 C.C.P. concerning the procedural means available to the insurer to protect its subrogation rights. The Court considered the following question: “Can an insurer, who is being sued by (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 4
Greater opportunities for GST/QST claims Shielding the directors of a company placed under the protection of the Companies’ Creditors Arrangement Act The value of a trade-mark: a matter of control The Export and Import Permits Act: an act too often overlooked
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The new QSSP has arrived
Introduced in 1979, the Quebec Stock Savings Plan (QSSP) was enormously successful in the 1980s, encouraging the emergence of numerous Quebec SMES. The SME Growth Stock Plan, which replaced the QSSP in 2005, achieved a more mixed success. The 2009-2010 provincial budget attempts to remedy this (…)