Publications
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The Plan Nord and Aboriginal People
Last November 6, the government of Québec held an important working session that brought together various northern partners for the purpose of ensuring the sustainable and socially responsible development of the vast territory covered by the Plan Nord.This plan essentially aims to accelerate (…)
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Recent developments in pension plans: Reform of federal plans / New Quebec regulation respecting Bill 30
On October 27th, the Minister of Finance announced an important plan to reform federally regulated pension plans. According to the Minister, the Government is proposing “a balanced package of measures for the benefit of pension plan sponsors, plan members and retirees.”Other recent news: (…)
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Can no smoking rules on property be sweeping?
Under the Tobacco Act, employers must prohibit their employees from smoking inside their establishments. However, the Act is mute on no smoking outside, on the company’s land.Can an employer be stricter than the Tobacco Act by implementing a no smoking policy intended to entirely ban smoking (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 5
The Letter of Intent: Beyond the Words, the Intent and Conduct of the Parties Modifying a Trust Deed: It Is Not So Simple! Maximizing the Use of Post-merger Losses
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Legal newsletter for business entrepreneurs and executives, Number 2
Breakdown in negotiations — the binding effect of a letter of intent Being involved in finding solutions ! Bid-rigging - a Lesser known Offence in Competition Law
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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 (…)