ArticleClarifying The Preliminary Economic Assessment Under Regulation 43-101Last August 16, the Canadian Securities Administrators ("CSA") published "CSA Staff Notice 43-307, Mining Technical Reports – Preliminary Economic Assessments".CanadaEnergy and Natural ResourcesLavery
ArticleAn Insurer Ordered To Pay Damages – The Court Of Appeal IntervenesOn February 12, 2024, the Court of Appeal of Quebec handed down its decision in Société d'assurance Beneva inc. c. Bordeleau, dealing in particular...CanadaInsuranceLavery
ArticleOCRCVM v. Beaudoin And AMF (C.A.) – Courts Of Justice Cannot Homologate A Disciplinary Decision In The Absence Of A Specific Legislative Provision To That EffectThe Investment Industry Regulatory Organization of Canada (IIROC, formerly known as the Investment Dealers Association of Canada (IDA)) is a self-regulatory organization recognized by the Autorité des marchés financiers (AMF), which mainly deals with disciplinary complaints against its members. CanadaLitigation, Mediation & ArbitrationLavery
ArticleEmployment Conditions Of Foreign WorkersEmployers frequently resort to the use of foreign workers. In some industries, this is practically unavoidable.CanadaEmployment and HRLavery
ArticleArtificial Intelligence And Blockchains Are Vulnerable To CyberattacksTechnologies based on blockchains and AI imply a considerable change for our society. Being that the security of data exchanged is vital, companies must begin adopting a long-term approach right now.CanadaTechnologyLavery
ArticleErrare Humanum Est : To Err Is Human, But The Court Cannot Always Fix ItLavery follows the evolution of consumer law closely. Its specialized expertise in the fields of retailing and class actions has been confirmed many times by stakeholders in the milieu. CanadaConsumer ProtectionLavery
ArticleLessons Drawn From The Supreme Court ’S Decision In Masterpiece : Register Your Trade-Marks !The recent decision of the Supreme Court of Canada in Masterpiece Inc. v. Alavida Lifestyles Inc. is interesting in several respects.CanadaIntellectual PropertyLavery
ArticleCan The Refusal To Sign A Non-Competition Clause Constitute A Just And Sufficient Cause For Dismissal?In "Jean c. Omegachem inc.", the Court held that an employee’s refusal to sign a non-competition agreement during employment is not a just and sufficient cause for dismissal.CanadaEmployment and HRLavery
ArticleEmployment Placement Agencies: Who Is Responsible For The Source Deductions?Quebec employers are increasingly resorting to placement agencies to quickly meet their need for occasional workers.CanadaEmployment and HRLavery
ArticlePossible New Restrictions On Employers' Right To Require Medical CertificatesQuebec is currently facing a major shortage of physicians. To remedy the situation, several ministers in the CAQ government announced in early 2024 that significant changes...CanadaEmployment and HRLavery
ArticleSupreme Court Of Canada Ruling: Managers Are Not Eligible For Unionization Under The Labour CodeOn April 19, 2024, the Supreme Court of Canada rendered its decision in Société des casinos du Québec inc. v. Association des cadres de la Société des casinos du Québec...CanadaEmployment and HRLavery
ArticleThe Ontario Superior Court Halts Exploratory Work By A Mining Company And Orders Tripartite Consultation With The First Nation And The ProvinceOn January 3, 2012, the Ontario Superior Court ordered that Solid Gold Resources Corp. ("Solid Gold"), a junior mining exploration company.CanadaGovernment, Public SectorLavery
ArticleThe Insurer's Duty To Defend And Indemnify: A New Judgment Of The Québec Court Of AppealOn March 1, 2013, the Court of Appeal rendered a judgment on the insurer's duty to defend and indemnify the insured in the area of commercial general liability insurance. CanadaInsuranceLavery
ArticleWhen A Tree Falls: The Supreme Court Of Canada Confirms The Large And Liberal Interpretation That Must Be Given To Quebec’s Automobile Insurance ActIn a unanimous decision rendered on June 22 , the Supreme Court of Canada confirms the principles previously established by the Court of Appeal: Quebec’s Automobile Insurance Act ("Act") must be given a large and liberal interpretation. CanadaInsuranceLavery
ArticleThe Myriad Case : Are DNA Molecules Patentable Or Not ?The United States Court of Appeals for the Federal Circuit ruled, in July 2011, that claims pertaining to deoxyribonucleic acid (DNA) and related diagnostic tests are patentable.CanadaIntellectual PropertyLavery
ArticleLegal Hypothecs For Construction And The Enforcement Of Contractual Rights: The Superior Court Condemns The Use Of The Land Registry As A Means For IntimidationON SEPTEMBER 21, 2012, JUSTICE BABIN OF THE SUPERIOR COURT OF QUÉBEC RENDERED A DECISION WHICH DENOTES THE EFFECT OF BAD FAITH OF THE REGISTRANT ON DAMAGES AWARDS IN THE CONTEXT OF THE UNJUSTIFIED PUBLICATION OF A LEGAL HYPOTHEC FOR CONSTRUCTION. CanadaReal Estate and ConstructionLavery
ArticleSupreme Court Of Canada Rules On Random Alcohol TestingThe Supreme Court of Canada recently rendered a divided decision in which it concluded that an employer’s policy imposing mandatory random alcohol testing was not justified.CanadaEmployment and HRLavery
ArticleSome Practical Advice On The Recording Of Customer Phone Calls In QuebecMany businesses engage in the practice of recording customer calls. CanadaPrivacyLavery
ArticleBuilders' Risk Insurance: Interpreting The Usual Faulty Workmanship And "LEG" Exclusions In Connection With Ledcor And AccionaThe issue in Ledcor was whether the builder's risk policy taken out by the contractor that was contractually responsible for cleaning the windows of a building, covered damage to the windows ...CanadaReal Estate and ConstructionLavery
ArticleImplicit Inducement Of Patent Infringement – The Federal Court Of Appeal Hands Down Its RulingCan a patent be infringed even if the patented product is not manufactured, assembled, or even used?CanadaIntellectual PropertyLavery