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  • Article

    An Unprecedented Decision Of The Court Of Appeal: A Judgment Authorizing A Class Action Under The Securities Act May Be Appealed

    On July 17, 2013, the Court of Appeal issued an unprecedented judgment in Quebec in the case of Theratechnologies inc. v. 121851 Canada inc. Justice Clément Gascon, writing for the court, held, in a unanimous decision, that a judgment having authorized a class action for damages under section 225.4 of the Securities Act (Quebec) (hereinafter the "S.A.") can be appealed despite the rule laid down in the Code of Civil Procedure (Quebec) (hereinafter the "C.C.P.") to the effect that judgments autho
    CanadaLitigation, Mediation & Arbitration
    Lavery
    Lavery
  • Article

    Presumptive Evidence Of An Insured's Intentional Fault: The Superior Court Dismisses Proceedings Instituted Against An Insurer

    On July 2, 2024, the Superior Court rendered a decision in Lallier c. Société d'assurance Beneva inc.,1 ruling on an insured's claim against his insurer for an insurance benefit further to a loss...
    CanadaInsurance
    Lavery
    Lavery
  • Article

    Class Action And Consumer Law: The Court Of Appeal Excludes Non-Consumers From The Approved Class In An Authorized Class Action

    In the past few months, several judgments have been rendered in this area, shedding a welcome light on some of the merchants’ obligations under the CPA.
    CanadaLitigation, Mediation & Arbitration
    Lavery
    Lavery
  • Article

    Littler Lounge: Ahead Of The Bill Curve – 2026 Legislative Look Ahead (Podcast)

    As 2026 approaches, workplace regulations are shaking up the scene – and Maureen Lavery from Littler's Knowledge Management team joins Claire Deason and Nicole LeFave...
    United StatesEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    The Court of Appeal Authorizes Retirees' Class Action Against Vivendi

    In 1977, The Seagram Company Ltd. ("Seagram") established an extended medical insurance benefits plan for management and non-unionized employees (the "Plan").
    CanadaEmployment and HR
    Lavery
    Lavery
  • Article

    The Superior Court Orders The Régie Des Rentes Du Québec To Register Adverse Amendments

    On September 9, 2011, the Quebec Superior Court allowed an application for judicial review of "Synertech Moulded Products, Division of Old Castle Building" ("Synertech") and quashed two judgments rendered by the Economic Affairs Section of the Tribunal administratif du Québec (Quebec Administrative Tribunal) (The "TAQ").
    CanadaEmployment and HR
    Lavery
    Lavery
  • Article

    An Employer's Criminal Negligence Upheld On Appeal

    On August 11, 2023, the Court of Appeal of Quebec handed down a decision in CFG Construction inc. c. R., dismissing the appeal of the guilty verdict against an employer...
    CanadaLitigation, Mediation & Arbitration
    Lavery
    Lavery
  • Article

    The Superior Court Applies Restrictive Interpretation To Additional Hypothecs

    THE SCOPE OF ADDITIONAL HYPOTHECS WAS EXAMINED BY THE SUPERIOR COURT ON SEPTEMBER 6, 2011 IN THE CASE OF BANQUE NATIONALE DU CANADA V. LAROUCHE.
    CanadaLitigation, Mediation & Arbitration
    Lavery
    Lavery
  • Article

    Carbon Market : Are You Ready To Take Advantage Of It?

    Quebec and California will emerge as the first two Western Climate Initiative partners to create a carbon market that imposes binding targets on businesses identified as major greenhouse gas emitters.
    CanadaEnvironment
    Lavery
    Lavery
  • Article

    A Possible Workaround To The Long Processing Times At The Bureau D'évaluation Médicale

    In recent years, the job market has changed considerably, especially further to the pandemic and the impacts it has had.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Lavery
    Lavery
  • Article

    New Provisions Governing Disguised Expropriation In The Act Respecting Land Use Planning And Development: Impact Of The Declaratory Effect And Transitional Provisions

    On December 6, 2023, an amendment to the Act to amend the Act respecting municipal taxation and other legislative provisions ("Bill 39")was adopted during a clause-by-clause consideration...
    CanadaReal Estate and Construction
    Lavery
    Lavery
  • Article

    Canada's Top Court Provides Crucial Guidance On The Conduct Of Insolvency Proceedings

    The Supreme Court of Canada delivered its reasons today in 9354-9186 Québec inc. v Callidus Capital Corp., 2020 SCC 10, after having unanimously allowed the appeals from the bench on January 9, 2020.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Reading List: "Cognitively Impaired Humans, Intelligent Animals, And Legal Personhood" By Pepperdine Law School Professor Richard Cupp

    Pepperdine Law School Professor Richard Cupp has posted on SSRN.com an article that is forthcoming in the Florida Law Review entitled Cognitively Impaired Humans, Intelligent Animals, and Legal Personhood.
    United StatesLitigation, Mediation & Arbitration
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    The Superior Court Refuses To Authorize A Class Action Against A Furniture And Electrical Household Appliances Giant

    The Honourable Justice Louis-Paul Cullen of the Superior Court rendered a judgment on September 23, 2011 which dismissed a motion for authorization to exercise a class action instituted by Mr. Kerfalla Toure (hereinafter "Toure") against Brault & Martineau (hereinafter "B & M").
    CanadaFinance and Banking
    Lavery
    Lavery
  • Article

    Liability Insurance, Professional Activities And Gross Fault: The Québec Court Of Appeal Sets The Record Straight

    On August 2, 2012, the Court of Appeal handed down a major decision on professional liability insurance.
    CanadaInsurance
    Lavery
    Lavery
  • Article

    Advancing Patent Fee Payments In Canada To Avoid Significant 2024 Fee Increases

    Canadian patent government fees will increase up to 36% on January 1, 2024. The main fee increases are presented in the table below.
    CanadaIntellectual Property
    Lavery
    Lavery
  • Article

    French At Work, At School And In The Civil Administration – Protection And Bolstering Of The Official Language

    A reminder: the guiding principles of the Charter of the French language are set out in sections 1 to 6 of Title 1 entitled "Status of the French Language".
    CanadaEmployment and HR
    Lavery
    Lavery
  • Article

    When It Becomes Necessary To Revoke The Appointment Of An Inspector To Ensure The Proper Functioning Of The Proposal Or Bankruptcy Process

    When a bankruptcy occurs, the creditors play a central role in the administrative control of the bankrupt’s estate.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Lavery
    Lavery
  • Article

    Can Artificial Intelligence Be Designated As An Inventor In A Patent Application?

    Artificial intelligence ("AI") is becoming increasingly sophisticated, and the fact that this human invention can now generate its own inventions opens the door to new ways of conceptualizing...
    CanadaIntellectual Property
    Lavery
    Lavery
  • Article

    Superior Court Refuses To Import Indalex Decision Into Québec Law

    On April 20, 2012, Justice Mongeon of the Québec Superior Court rendered an important decision in the restructuring of the White Birch Paper Company.
    CanadaLitigation, Mediation & Arbitration
    Lavery
    Lavery

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