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  • Article

    Unenforceability In The U.S. A Non-Starter When Google Returns To The BC Supreme Court

    In the most recent development in the judicial saga surrounding the decision of the Supreme Court of Canada in Google Inc. v. Equustek Solutions Inc., ...
    CanadaLitigation, Mediation & Arbitration
    Langlois Avocats
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  • Article

    Teachers' Right To Privacy: A Decision Of Interest Is Expected From The Supreme Court Of Canada

    On June 21, 2022, the Court of Appeal for Ontario rendered a decision1 concerning the extent of employees' reasonable expectation of privacy in the workplace.
    CanadaPrivacy
    Langlois Avocats
    Langlois Avocats
  • Article

    The Legal Construction Hypothec For Work Requested By A Lessee: Scope And Purpose

    The Civil Code of Quebec ("CCQ") provides that only the work requested by the owner of an immovable may give rise to the legal construction hypothec:
    CanadaReal Estate and Construction
    Langlois Avocats
    Langlois Avocats
  • Article

    Commentary On Vaes C. Service D'administration PCR Ltée — Reminder To Employers: Be Careful About The Circumstances And Manner In Which Employment Is Terminated

    Employers often face tough decisions when managing their day-to-day business. Employee care and management are undoubtedly crucial elements in any company, regardless of its circumstances.
    CanadaEmployment and HR
    Langlois Avocats
    Langlois Avocats
  • Article

    The Additional Hypothec – Purpose And Scope

    For several years now, in both commercial and personal financings, financial institutions and private lenders have added a clause to their loan agreements providing for an additional hypothec over and above the principal hypothec provided for in the agreement.
    CanadaFinance and Banking
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    Langlois Avocats
  • Article

    Inaction May Be Fatal To The Insured

    In order to fulfil its obligations, the insured must be proactive in its relationship with the insurer. As a general rule, it must voluntarily disclose relevant information regarding the risk or the loss...
    CanadaInsurance
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    Langlois Avocats
  • Article

    The Disciplinary Council's Duty To Assist An Unrepresented Party

    The lack of legal representation for a defendant or witness in a disciplinary dispute can sometimes raise questions for the opposing party or for the Disciplinary Council ("Council")
    CanadaLaw Department Performance
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    Langlois Avocats
  • Article

    Multijurisdictional Class Actions: The Companion Case's Evidentiary Record Cannot Be Blindly Imported Into Quebec

    In 2011, the Quebec class action was authorized by the Superior Court of Quebec.
    CanadaLitigation, Mediation & Arbitration
    Langlois Avocats
    Langlois Avocats
  • Article

    Professional Inspections: A Decision Of Interest To Professional Orders

    In Dargis v. Ordre des ingénieurs du Québec, the Superior Court reiterated that being a member of a profession is a privilege, not a right. This privilege is subject to a certain level of competency and the potential...
    CanadaLitigation, Mediation & Arbitration
    Langlois Avocats
    Langlois Avocats
  • Article

    Les impacts de la nouvelle Loi sur l'équité salariale sur la fonction publique et les entreprises de compétence fédérale

    D'ici le 1er novembre 2021, les employeurs devront informer par affichage leurs employés quant à l'élaboration du plan d'équité salariale.
    CanadaCorporate/Commercial Law
    Langlois Avocats
    Langlois Avocats
  • Article

    Bill 22: New Approaches To Compensation For Expropriated Property Owners

    This article first appeared in French in the April 2024 issue of the Journal des Parcs industriels de la Corporation des parcs industriels du Québec.
    CanadaReal Estate and Construction
    Langlois Avocats
    Langlois Avocats
  • Article

    Proactivity And Creativity In Mergers And Acquisitions During COVID-19: 5 Key Issues

    Mergers and acquisitions were particularly active in Canada until the government response to COVID-19 disrupted transactional practices and led to a slowdown.
    CanadaCoronavirus (COVID-19)
    Langlois Avocats
    Langlois Avocats
  • Article

    Bill 96 Amending The Charter Of The French Language: What Employers Need To Know

    On June 1, 2022, in its drive to strengthen the status of the French language in Québec, the Government of Québec received royal assent to its Bill 96, the Act respecting French...
    CanadaEmployment and HR
    Langlois Avocats
    Langlois Avocats
  • Article

    False Statement To The CNESST: The Court Finds A Worker Guilty Of An Offence

    In this case, a worker was found guilty of three offences because he hadn't immediately advised the CNESST of a change to his situation that could impact his right to an income replacement indemnity.
    CanadaEmployment and HR
    Langlois Avocats
    Langlois Avocats
  • Article

    Multi-Employer Pension Plans Completely Overhauled By Quebec’s Bill 34

    Introduced in Quebec's National Assembly on February 18, 2015 by the Minister of Employment and Social Solidarity, Bill 34 has completely transformed the legislative rules...
    CanadaEmployment and HR
    Langlois Avocats
    Langlois Avocats
  • Article

    Psychological Harassment And Sexual Violence In The Workplace: Provisions Effective September 28, 2024

    On March 21, 2024, the National Assembly of Québec unanimously adopted the long-awaited Bill 42, An Act to prevent and fight psychological harassment and sexual violence in the workplace (the "Act").
    CanadaEmployment and HR
    Langlois Avocats
    Langlois Avocats
  • Article

    Réouverture Partielle Des Bureaux : Ce À Quoi Il Faut S'attendre

    L'agilité et l'adaptabilité seront à l'avenir essentielles pour les employeurs canadiens.
    CanadaEmployment and HR
    Langlois Avocats
    Langlois Avocats
  • Article

    The Supreme Court Unanimously Overturns The Decision Of The Federal Court Of Appeal In Callidus Capital Corporation V. Canada

    In this matter, the debtor Cheese Factory Road Holdings Inc. ("Cheese Factory") had collected but failed to remit GST/HST to the Crown between 2010 and 2013.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Langlois Avocats
    Langlois Avocats
  • Article

    Constitutional Law And The Division Of Powers: The SCC Clarifies The Analytical Framework Applicable To The Doctrine Of Interjurisdictional Immunity

    The Supreme Court of Canada recently made a landmark ruling that will have a significant impact on constitutional law.
    CanadaLitigation, Mediation & Arbitration
    Langlois Avocats
    Langlois Avocats
  • Article

    Supreme Court Of Canada: The Constitution Guarantees Availability Of Legality Review Of Every Aspect Of An Administrative Decision

    The Supreme Court of Canada has unanimously confirmed a constitutional guarantee of judicial review for administrative decisions, marking a landmark moment in Canadian public law. In Democracy Watch v. Canada (Attorney General), the Court ruled that privative clauses cannot exclude judicial review of the legality of any aspect of administrative decisions, reinforcing the rule of law and the constitutional role of courts. The decision clarifies that while legislatures may limit certain aspects of judicial re
    CanadaLitigation, Mediation & Arbitration
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