Publications

February 21, 2017

Social media: when the court declares the evidence inadmissible

Social media sites, like Facebook, are inexhaustible sources of personal information which can constitute evidence in the context of employer-employee disputes. In matters related to evidence, the general rule is that any relevant evidence is admissible.1 Moreover, the courts have ruled that an (…)

February 17, 2017

The latest news from the Canadian infrastructures market / Major trends in the infrastructures market for 2017

TABLE OF CONTENTS The latest news from the Canadian infrastructures market Defense Construction Canada issues Request for Expressions of Interest for an energy performance contract Boralex completes financing of the Yellow Falls hydro project in Ontario Boralex and AWEC announce a new (…)

February 9, 2017

Disqualification of a law firm: the Superior Court broadens the spectre of conflicts of interest

In a decision rendered on December 1, 2016, the Superior Court of Québec had to rule on a situation which, until that time, was completely novel, and to determine whether lawyers can act in a court action against former employees of a client whom they still have to work with in connection with (…)

February 3, 2017

Autonomous vehicles in Québec: unanswered questions

According to a recent study, 25% of new cars sold around the world will be self-driving by 20351. A group of researchers from Princeton University estimates that by 2035-2050 over half of American cars will be self-driving2. Smart cars are currently being sold in Québec and their advent is sure to (…)

February 1, 2017

The judicial review of a decision rendered by the Court of Québec in civil matters: an unusual remedy, although possible in some circumstances

The superintending and reforming power of the Superior Court of Québec over the decisions of the Court of Québec is indisputable. It is furthermore confirmed by article 34 of the Code of Civil Procedure1, which grants to the Superior Court powers to judicially review decisions made by the Québec (…)

January 23, 2017

First-aid course required by the ministère de la Famille: is the employer required to pay for the training time?

The Educational Childcare Regulation1 (the “Regulation”) requires every permit holder to ensure that each member of its childcare staff holds a certificate not older than 3 years which must have been obtained through the successful completion of an early childhood first-aid course of a minimum of 8 (…)

January 23, 2017

Exemptions to infringement for research under Canadian law

Various jurisdictions provide exemptions to patent infringement based on research or non-commercial activities.  Canada is no exception (pun intended) and provides both statutory and common law exemptions to patent infringement. Statutory Exemption The statutory exemption to infringement under (…)

December 20, 2016

New regulations for the owners of non-French trade-marks

On November 24th, 2016, the Quebec government has adopted new regulations regarding the public display of non-French trade-marks in Quebec. The new regulations may be summarized as follows: trade-marks do not have to be translated into French but French language must be sufficiently present in all (…)

December 16, 2016

Changes to the Taxation of Switch Funds

Effective January 1, 2017, new rules will govern the taxation of mutual fund corporations structured as “switch funds”. Investors switching between funds will no longer be able to do so without incurring taxable capital gains. This article summarizes the impact of such changes. Description of (…)

December 7, 2016

October news on the Canadian infrastructure market

Creation of a Canadian infrastructure bank On October 20, 2016, the Advisory Council on Economic Growth published its report entitled “Unleashing Productivity Through Infrastructure”. One of the report’s recommendations is to create a Canadian Infrastructure Development Bank whose objective (…)

December 7, 2016

Overview of the Canadian Public-Private Partnerships market

The Public-Private Partnership delivery model (“PPP” or “P3”) is now well established in Canada, where more than 177 of such projects were closed between 1993 and 2015 (source: InfraAmericas). The great majority thereof (166) have been closed since 2004, and the current trend indicates the number (…)

December 7, 2016

Renewable energies: the trend is toward hybrid financing

For about two years now, most renewable energy projects, particularly wind farm projects, have been financed using a so-called “hybrid” model, i.e. a combination of medium-term bank debt and long-term financing or private placements. The term “hybrid” is derived from the vocabulary of the (…)

December 7, 2016

Double Patenting Under Canadian Patent Law

Double patenting occurs when the same invention is claimed in more than one patent owned by the same entity. Double patenting is prohibited in most jurisdictions. However, there are unique aspects to double patenting under Canadian practice that may significantly influence patent prosecution (…)