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  • Article

    Canada's Top Court Releases Precedent-Setting Decision On Litigation Funding And A Court's Discretion In Restructuring Process

    The Supreme Court of Canada's decision in 9354-9186 Québec Inc. v Callidus Capital Corporation unanimously overturned a unanimous decision of the Québec Court of Appeal.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    A Decision "Of Interest" From The Court Of Appeal OF Quebec

    The notion of insurable interest is funda mental to insurance law as it is at the very heart of the validity of this contract.
    CanadaInsurance
    Lavery
    Lavery
  • Article

    New Employment Obligations For Federally Regulated Businesses

    On July 9, 2023, major amendments to the Canada Labour Code 1 (the "Code") came into force, and further amendments are set to come into force shortly.
    CanadaEmployment and HR
    Lavery
    Lavery
  • Article

    The Court Of Appeal Confirms That The Policyholder And The Insurer May Agree To Modify The Provisions Of A Group Insurance Contract Without Consulting The Participants

    The decision of the Court of Appeal in the La Capitale case has been expected since February 2012 when the Superior Court dismissed the class action taken against an insurer who, with the consent of the policyholder, had unilaterally modified the waiver of premiums clause in a group insurance contact.
    CanadaInsurance
    Lavery
    Lavery
  • Article

    Can The Refusal To Sign A Non-Competition Clause Constitute Just And Sufficient Cause For Dismissal?

    In a recent decision, Jean c. Omegachem inc., the Court of Appeal answered that question by ruling that an employee’s refusal to sign a non-competition agreement during employment.
    CanadaEmployment and HR
    Lavery
    Lavery
  • Article

    The Supreme Court Confirms That Not All Aboriginal Practices Are Protected By Section 35 Of The Constitution Act, 1982

    THE SUPREME COURT OF CANADA CONFIRMS THAT ONLY THOSE MODERN PRACTICES THAT MAINTAIN A REASONABLE DEGREE OF CONTINUITY WITH THE PRACTICES, CUSTOMS OR TRADITIONS THAT WERE INTEGRAL TO AN ABORIGINAL GROUP’S PRE-CONTACT DIST INCTIVE CULTURE WILL BE PROTECTED AS AN ABORIGINAL RIGHT UNDER SECTION 35 OF THE CONSTITUTION ACT, 1982.
    CanadaLitigation, Mediation & Arbitration
    Lavery
    Lavery
  • Article

    Corporate Directors In Quebec In The Wake Of The Economic Crisis

    The 2008 economic crisis and the revelations about the role that certain officers and directors of large American financial institutions played in creating the conditions that led to this crisis gave rise to more pressure to increase the duties and liabilities of corporate directors.
    CanadaCorporate/Commercial Law
    Lavery
    Lavery
  • Article

    Powerful Data, Powerful Business

    A patent landscape provides a bird's-eye view of the patenting activity related to a specific technology. It can be an invaluable tool for your organization as the analysis...
    CanadaIntellectual Property
    Lavery
    Lavery
  • Article

    New York Court Denies Habeas Petition For Bronx Zoo Elephant

    On February 18, 2020, a trial court in Bronx County, New York, denied a habeas corpus petition filed by the Nonhuman Rights Project (NhRP) on behalf of "Happy,"...
    United StatesEnvironment
    Duane Morris LLP
    Duane Morris LLP
  • Article

    Environmental Obligations: Directors And Officers, You May Have More Responsibilities Than You Think

    In general, the directors and officers of a legal person have obligations and responsibilities relating to the legal person's activities.
    CanadaCorporate/Commercial Law
    Lavery
    Lavery
  • Article

    Negotiations In The Construction Industry: At Last A Role For The Ultimate Clients

    Bill 33, whose very title announced the elimination of union placement of employees to improve the operation of the construction industry, was assented to on December 2, 2011, and it has raised a lot of comments.
    CanadaEmployment and HR
    Lavery
    Lavery
  • Article

    The British Columbia Supreme Court Confirms That Municipalities Have No Duty To Consult And Accommodate Aboriginal Peoples

    The Court based its decision on the Supreme Court judgments in Haida 2 and Rio Tinto 3 as well as decisions of the British Columbia courts and established three main principles.
    CanadaGovernment, Public Sector
    Lavery
    Lavery
  • Article

    AMF Investigations: The Duty To Answer An Investigator And His Jurisdiction To Rule On Objections

    The Securities Act [SA] allows the Autorité des marchés financiers [the "AMF"] to order investigations to ensure compliance with the SA and to repress contraventions which may be committed1 .
    CanadaInsurance
    Lavery
    Lavery
  • Article

    Building Safety – New Onerous Obligations For Owners

    On March 18, 2013, the Règlement visant à améliorer la sécurité dans le bâtiment, adopted pursuant to the Building Act, came into force.
    CanadaReal Estate and Construction
    Lavery
    Lavery
  • Article

    The Forgotten Aspects Of AI: Reflections On The Laws Governing Information Technology

    While lawmakers in Canada and elsewhere are endeavouring to regulate the development and use of technologies based on artificial intelligence (AI), it is important to bear in mind that these technologies...
    CanadaPrivacy
    Lavery
    Lavery
  • Article

    Termination Clauses In Service Agreements Must Be Crystal Clear

    In the decision MDV Representations v. Corporation Xprima.com, the Superior Court highlights the importance of drafting termination clauses in a service contract using clear and simple language.
    CanadaCorporate/Commercial Law
    Lavery
    Lavery
  • Article

    The Court Of Appeal Reiterates The Admissibility In Evidence Of Reports Done In The Course Of Administrative Investigations

    In a decision rendered on July 5th, the Court of Appeal reiterated the admissibility in evidence of reports.
    CanadaLitigation, Mediation & Arbitration
    Lavery
    Lavery
  • Article

    Limits Of The Deemed Trust Created Under Provincial Tax Legislation

    In its judgment in the case of "Banque Nationale du Canada v. Agence du Revenu du Québec", 2011 QCCA 1943, issued on October 21, 2011, the Court of Appeal of Quebec discussed two grounds of dispute that might be of interest to the hypothecary creditors of tax debtors when the tax authorities rely on provincial statutory provisions pertaining to deemed trusts, namely : (1) the limits of the scope of the deemed trust; and (2) the estoppel.
    CanadaTax
    Lavery
    Lavery
  • Article

    Requirements To Prevent And Reduce The Risk Of Forced Labour Or Child Labour: What Businesses Need To Know To Comply

    On May 11, 2023, the Fighting Against Forced Labour and Child Labour in Supply Chains Act, S.C. 2023, c. 9 (the "Act") was passed. The purpose of this Act is to implement Canada's international commitment...
    CanadaEmployment and HR
    Lavery
    Lavery
  • Article

    Official Marks In Canada: The Prospect Of Upcoming Changes

    Official marks are statutory instruments specific to Canadian practice. They are not trademarks per se, but are treated similarly, because they are adopted...
    CanadaIntellectual Property
    Lavery
    Lavery

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