Publications

May 31, 2015

The corporate director: Questions and answers

This 52-page bulletin answers in a practical and simple manner respecting the legal framweork forty-three (43) questions administrators ask or should  ask themselves. It is a very useful tool to promote good governance generating value. Click here to view the complete publication

May 15, 2015

Equity crowdfunding - The Autorité des marchés financiers adopts a new prospectus exemption for startups

The Lavery GO inc. Program team is happy to inform you that the Autorité des marchés financiers(AMF) announced yesterday the implementation of an equity crowdfunding exemption which allows startups to raise up to $500,000 in capital per year. Under this exemption, startups whose head office is (…)

May 8, 2015

A Heads-up on Asbestos!

To allow for adequate planning, the Quebec government phased in the coming into force of certain regulatory amendments on building safety that were adopted in the past few years. These new standards were previously discussed in bulletin Nos. 6 and 9, issued in April 2013 and June 2014 respectively, (…)

May 6, 2015

Reminder to employers : The deadline for complying with certain regulatory provisions for safe asbestos management expires June 6, 2015

In Quebec, it is possible to find materials and products containing asbestos in civil engineering works, construction materials, facilities and equipment in all types of buildings, whether industrial, commercial, public or residential. According to various sources, the need to adopt new standards on (…)

April 28, 2015

Confinement orders: Psychiatric examination reports not automatically excluded when a patient’s fundamental rights and freedoms are violated

In a judgment handed down on January 30, 2015, the Court of Québec held that the failure to respect the prescribed time limits or the violation of a patient’s fundamental rights and freedoms does not lead to the automatic exclusion of a psychiatric examination report concluding that the patient (…)

April 27, 2015

Canadian Securities Administrators announce amendments to venture issuer requirements

The Canadian Securities Administrators (“CSA”) have announced that, on several fronts, they are implementing amendments to the disclosure requirements for venture issuers, including those listed on the TSX Venture Exchange. These amendments primarily address continuous disclosure and governance (…)

April 23, 2015

Site contamination: Claims for latent defects - Notice and prescription

On what grounds may a landowner who discovers soil contamination caused by an old heating oil tank sue the former owner of the property? In this bulletin we examine whether the warranty against latent defects found at Article 1726 of the Civil Code of Québec can be invoked to have the sale annulled (…)

April 20, 2015

Franchisors’ duty to act in good faith and related implicit obligations: Dunkin’ Donuts ordered to pay nearly $18M to some of its franchisees

The Court of Appeal of Quebec has issued an important judgment pertaining to a franchisor’s implicit obligations towards its franchisees. In June 2012, the Superior Court of Quebec ordered Dunkin’ Donuts Brands Canada Ltd. (“Dunkin’ Donuts”) to pay an amount of $16.4M (plus interests and costs) to (…)

April 15, 2015

FATCA for investment funds – Be ready for May 1, 2015!

The Foreign Account Tax Compliance Act, or FATCA, has been an integral part of Canada’s tax system for over a year. Originally legislated under U.S. law, FATCA allowed the Internal Revenue Service (“IRS”) to obtain information from financial institutions about the financial accounts of U.S. citizens (…)

April 15, 2015

Proposal for new TSX listing requirements for ETFs, closed-end funds and structured products: codification of existing practices

On January 15, the Toronto Stock Exchange (the “Exchange”) published proposed amendments to the Toronto Stock Exchange Company Manual (the “Manual”). More specifically, a completely new section will be added to the Manual (Part XI) for determining the minimum listing requirements to be met by (…)

April 7, 2015

Recent developments on patent-eligibility of medical use claims in Canada

Last December, the Federal Court of Canada overturned a decision of the Commissioner of Patents to refuse a patent claiming a fixed dosage regimen for the drug Humira® (Adalimunab) used in rheumatoid arthritis. The Court’s decision 1 is found here: 2014 FC 1251. This Court decision was an appeal of (…)

April 2, 2015

Canada’s Anti-spam Legislation : Phase 2 comes into force and first monetary penalty imposed

Whereas Canadian businesses have barely recovered from the first phase of Canada’s anti-spam legislation (CASL), which aims primarily to regulate the sending of unsolicited commercial electronic messages, a new series of requirements applicable to the unauthorized installation of computer programs (…)

March 31, 2015

Verifying impediments

Children are precious, and their health, safety and well-being are at the very heart of childcare providers’ responsibilities. Several actors work with or alongside children on a daily or occasional basis in order to provide them care and education. In selecting people who work with children, (…)