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  • Article

    Implicit Inducement Of Patent Infringement – The Federal Court Of Appeal Hands Down Its Ruling

    Can a patent be infringed even if the patented product is not manufactured, assembled, or even used?
    CanadaIntellectual Property
    Lavery
    Lavery
  • Article

    The Powers Of CSST Inspectors

    Various statutes impose obligations on employers to take the necessary measures to protect the health and safety of workers, including An Act respecting Occupational health and safety (R.S.Q., c. S-2.1) (hereinafter referred to as the "AROHS").
    CanadaEmployment and HR
    Lavery
    Lavery
  • Article

    A Tenderer's Failure To Comply With The Preliminary Complaint Process As Part Of A Municipality's Public Call For Tenders Leads To A Fin De Non-recevoir

    On June 14, 2024, the Superior Court of Québec issued a decision 1 interpreting section 938.1.2.2 of the Municipal Code of Québec, which came into force in 2019.
    CanadaCompliance
    Lavery
    Lavery
  • Article

    Advance Notice Policies: A Tool To Consider With Regard To Shareholder Nominations For Electing Directors

    On July 20, 2012, the Supreme Court of British Columbia (the "Court") rendered a judgment that sheds new light on the shareholder nomination process for electing the directors of a business corporation. In fact, the Court confirmed that a corporation’s policy, which aimed to impose an advance nomination process at a shareholders’ meeting, was reasonable and did not infringe shareholder rights with respect to electing the directors of a corporation.
    CanadaCorporate/Commercial Law
    Lavery
    Lavery
  • Article

    Last Call: Do You Have Any Private Corporation Shares In Your RRSP?

    The 2011 federal budget, which was tabled June 6, 2011 (after the defeated March 23, 2011 budget), proposed various broad anti-avoidance tax measures.
    CanadaCorporate/Commercial Law
    Lavery
    Lavery
  • Article

    Your First Financing With A Financial Institution

    For a start-up enterprise or an enterprise planning for a growth phase.
    CanadaCorporate/Commercial Law
    Lavery
    Lavery
  • Article

    Quebec Mining Royalty Agreements As Seen Through The Lense Of The Quebec Court Of Appeal

    On August 6, 2013, the Quebec Court of Appeal rendered a very interesting decision in the case of "Anglo Pacific Group plc v. Ernst & Young Inc., 9261-0690 Québec Inc., Northern Star Mining Corp. and Jake Resources Inc."
    CanadaEnergy and Natural Resources
    Lavery
    Lavery
  • Article

    Tenth Anniversary of Bill 72: Land Protection And Rehabilitation

    The planning of a construction project or start-up of an industrial activity requires prior verification of a number of matters.
    CanadaEnvironment
    Lavery
    Lavery
  • Article

    Pirating And Using Software Without A Licence: The BSA | The Software Alliance Case

    The claims of the BSA | the Software Alliance against Quebec and Canadian businesses seem to be increasingly frequent.
    CanadaIntellectual Property
    Lavery
    Lavery
  • Article

    The Success Of Employer-Organized Christmas Parties: It Is Everyone's Business?

    Workplace Christmas parties are just around the corner. While such celebrations are a great opportunity to strengthen team spirit and acknowledge...
    CanadaTax
    Lavery
    Lavery
  • Article

    What Are Your Recourses If You Believe A Contract Is About To Be, Or Has Been, Awarded To Another Bidder?

    Questions concerning the legality of the call for tenders process are regularly sub¬mitted to the courts.
    CanadaCorporate/Commercial Law
    Lavery
    Lavery
  • Article

    CCAA: Is The Termination Of Employment Contracts Subject To Section 32 CCAA?

    On August 30, 2011, Hart Stores Inc./Magasins Hart inc. (hereinafter "Hart"), filed for protection under the Companies' Creditors Arrangement Act.
    CanadaEmployment and HR
    Lavery
    Lavery
  • Article

    Mining Companies And Occupational Disease: Regulatory Standards Are Not The Test

    On December 17, 2012, the Quebec Superior Court upheld a decision of the Commission des lésions professionnelles which could have far reaching consequences.
    CanadaEnergy and Natural Resources
    Lavery
    Lavery
  • Article

    Legal Newsletter For Business Entrepreneurs And Executives, Number 17

    The "Integrity in Public Contracts Act", also referred to as Bill 1, has been assented to on December 7, 2012 after an expedited review process of barely three months.
    CanadaGovernment, Public Sector
    Lavery
    Lavery
  • Article

    The Policyholder And The Insurer May Agree To Unilaterally Modify The Provisions Of A Group Insurance Policy

    The Superior Court authorized a class action against an insurer who had unilaterally modified the waiver of premiums clause in a group insurance contract in 2001.
    CanadaInsurance
    Lavery
    Lavery
  • Article

    To What Extent Are Insurers Required To Cover Premises Where Criminal Activities Are Conducted?

    In a recent decision by the Court of Appeal of Québec, the Honourable Jacques Chamberland, J.C.A. reviewed the application of exclusion clauses contained in a home insurance policy in the context of criminal activities.
    CanadaInsurance
    Lavery
    Lavery
  • Article

    Distinguish Yourself!

    The judgment rendered in the case of "BOULANGERIE ST-MÉTHODE INC. v. BOULANGERIE CANADA BREAD LTÉE, 2012 QCCS 83", rendered on January 19, 2012, is a good illustration of the importance of creating new marks that really differ from the marks already being used in the market.
    CanadaIntellectual Property
    Lavery
    Lavery
  • Article

    Factors Examined By The Supreme Court In Determining The Validity Of A Municipal Bylaw

    In January the Supreme Court ruled on the factors to be examined in determining the validity of a municipal bylaw.
    CanadaGovernment, Public Sector
    Lavery
    Lavery
  • Article

    Professional Liability Insurance And Gross Fault: The Court Of Appeal Sings A Different Tune

    Following the important judgment rendered by the Court of Appeal on August 2, 2012 , the Court has ruled once again, on September 27, 2012 , on the exclusions for gross fault with respect to professional liability insurance.
    CanadaInsurance
    Lavery
    Lavery
  • Article

    E-Distribution Of Insurance Products: The CCIR Publishes Its Recommendations

    In January 2012, the Electronic Commerce Committee of the Canadian Council of Insurance Regulators released an issue paper entitled "Electronic Commerce in Insurance Products".
    CanadaInsurance
    Lavery
    Lavery

Showing 121–140 of 233 results

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