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  • 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
    Langlois Avocats
    Langlois Avocats
  • Article

    Keeping It Canadian: Guarding Against Foreign Interference In The Modernization Of The Canada Elections Act

    We are told by the Communications Security Establishment ("CSE") that in 2018, "half of all advanced democracies holding national elections had their democratic process targeted by cyber threat activity"
    CanadaGovernment, Public Sector
    Langlois Avocats
    Langlois Avocats
  • Article

    Time Limit For Publication Of An Amendment To A Call For Tenders – Reflections On The Impact Of Recent Legislative Amendments On Your Contractual Strategy

    The time limit for the receipt of bids for construction, supply and services contracts involving an expenditure of at least $100,000 is no less than 15 days following the publication of the call for tenders.
    CanadaGovernment, Public Sector
    Langlois Avocats
    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
    Langlois Avocats
    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
    Langlois Avocats
    Langlois Avocats
  • Article

    Multijurisdictional Class Actions: Fewer Boundaries

    Multijurisdictional class actions simultaneously prosecuted in various provinces are more and more common. In the matter of Endean v. British Columbia, 2016 SCC 42, the Supreme Court of Canada recognized that superior court justices handling such cases could sit outside their home...
    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

    Important Decision On Workplace Privacy Rendered By The Supreme Court Of Canada

    On June 21, 2024, the Supreme Court of Canada rendered an important decision on workplace privacy protections for teachers. In York Region District School Board v. Elementary Teachers'...
    CanadaPrivacy
    Langlois Avocats
    Langlois Avocats
  • Article

    From Idea To Reality: Planning A Construction Project From A Legal Perspective

    We have all, at one time or another, witnessed the poor execution of a great idea.
    CanadaReal Estate and Construction
    Langlois Avocats
    Langlois Avocats
  • Article

    Impact Of The COVID-19 Crisis On Commercial Leases: Important Clauses For Parties To Consider

    As the world undergoes this unprecedented crisis, the ability of many companies to meet their contractual obligations is being compromised.
    CanadaReal Estate and Construction
    Langlois Avocats
    Langlois Avocats
  • Article

    Heritage Handoff Holdings, LLC V. Ronald Fontanella: The Importance Of Fundamental Representations And Warranties In Mergers And Acquisitions

    When a business is being sold, whether through a sale of shares or assets, the risks associated with the transaction can be allocated between the seller and purchaser through contractual mechanisms, such as representations and warranties.
    CanadaCorporate/Commercial Law
    Langlois Avocats
    Langlois Avocats
  • Article

    Is There Such A Thing As Simultaneous Custody Of Contaminated Land?

    The Minister of Sustainable Development, Environment, Wildlife and Parks may order that any person that has custody of a parcel of land perform a characterization study.
    CanadaEnvironment
    Langlois Avocats
    Langlois Avocats
  • Article

    The Analytical Framework Specific To Seizure Before Judgment: Distinction With The Debate On The Merits Of The Case

    In May 2021, the customer went to a dealership to purchase a vehicle.
    CanadaLitigation, Mediation & Arbitration
    Langlois Avocats
    Langlois Avocats
  • Article

    The Comeau Case: Are We Headed For Liberalized Interprovincial Trade In Canada? The Supreme Court Will Soon Decide

    The Provincial Court of New Brunswick's decision in R. v. Comeau was rendered on April 29, 2016 by Judge Ronald LeBlanc in Campbellton, N.B.
    CanadaConsumer Protection
    Langlois Avocats
    Langlois Avocats
  • Article

    Does The Academic Freedom Bill Add Value?

    In 2020, controversy arose over two uses of the "N-word" in an academic context: a lecturer at Concordia University quoted the title of a book by Vallières that included the word...
    CanadaConsumer Protection
    Langlois Avocats
    Langlois Avocats
  • Article

    Compliance Programs: A Guardrail To Keep You On The Path Of Good Governance

    In our previous bulletins on the duties and responsibilities of directors we looked at the extent of these obligations ...
    CanadaCorporate/Commercial Law
    Langlois Avocats
    Langlois Avocats
  • Article

    Placement Agencies: The Court Of Appeal Upholds The Regulations Governing Staff Leasing

    On May 12, the Court of Appeal handed down a long-awaited decision on the legality of certain provisions of the Regulation respecting personnel placement agencies and recruitment agencies for temporary foreign workers...
    CanadaCorporate/Commercial Law
    Langlois Avocats
    Langlois Avocats
  • Article

    Criminal Negligence Of An Employer: Imposition Of A Severe And Onerous Penalty

    A company was recently severely punished after being found guilty of criminal negligence causing the death of one of its workers.
    CanadaEmployment and HR
    Langlois Avocats
    Langlois Avocats
  • Article

    Physical And Verbal Aggression On The Part Of A Teacher May Result In Dismissal

    A teacher's conduct must be exemplary and indicative of respect for the rights of others whenever students are present.
    CanadaEmployment and HR
    Langlois Avocats
    Langlois Avocats
  • Article

    The Impact Of COVID-19 On Notice Periods Awarded By Civil Courts

    Since the beginning of the health crisis in March 2020, workplaces have undergone many changes in response to the spread of the COVID-19 virus.
    CanadaEmployment and HR
    Langlois Avocats
    Langlois Avocats

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