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  • Article

    Due Diligence And Commercial Leases

    Generally speaking, the acquisition of rental property requires a due diligence process that is usually focused on building and property conditions, property titles and lease analysis.
    CanadaReal Estate and Construction
    Lavery
    Lavery
  • Article

    Class Action Based On The Thesis Of Constructive Dismissal: The Superior Court Dismisses The Application For Authorization

    In July 2007, Allstate Insurance Company of Canada (hereinafter referred to as "Allstate") sent a notice of change of working conditions to all its insurance agents.
    CanadaEmployment and HR
    Lavery
    Lavery
  • Article

    Review Of Effluent Rules For Mines In Canada

    The federal government is reviewing rules on what metal mines can discharge to watercourses in Canada.
    CanadaEnergy and Natural Resources
    Lavery
    Lavery
  • Article

    The Supreme Court Of Canada Will Hear The Asphalte Desjardins Case On The Issue Of The Employer’s Right To Waive The Resignation Notice Given By An Employee

    The Supreme Court of Canada recently allowed the motion for leave to appeal filed by the Commission des normes du travail against the decision rendered in March 2013 by the Court of Appeal of Québec in the case of Commission des normes du travail v. Asphalte Desjardins inc.
    CanadaEmployment and HR
    Lavery
    Lavery
  • Article

    The Supreme Court Of Canada Will Hear The Vivendi Case

    On August 9, 2012, the Supreme Court of Canada granted the application for leave to appeal filed by Vivendi Canada Inc. against the decision rendered in February 2012 by the Québec Court of Appeal.
    CanadaEmployment and HR
    Lavery
    Lavery
  • Article

    The Right Of Withdrawal, A Controlled Form Of Contractual Freedom

    The right of withdrawal, also referred to as an "opting out" clause, is the right given contractually or by law to a party to withdraw from a transaction without justifi cation prior to it being actually entered into.
    CanadaCorporate/Commercial Law
    Lavery
    Lavery
  • Article

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

    The Supreme Court dismissed Fournier's application for leave to appeal a Court of Appeal decision , which convicted Fournier of an offence under section 195(4) SA because of his refusal to testify whereas lower courts acquitted him.
    CanadaLitigation, Mediation & Arbitration
    Lavery
    Lavery
  • Article

    Doing Business In Quebec – Our Guide

    The "Doing Business in Quebec" guide is a comprehensive, practical resource for any company hoping to thrive in Quebec's competitive and regulated business landscape
    CanadaCorporate/Commercial Law
    Lavery
    Lavery
  • Article

    Directors’ Liability For The Debts Of A Corporation Payable To Employees For Services Rendered During The Directors’ Term Of Office

    The Quebec Court of Appeal rendered a decision on November 14, 2012 confirming the state of the law on the scope of section 119 of the "Canada Business Corporations Act".
    CanadaCorporate/Commercial Law
    Lavery
    Lavery
  • Article

    The Theory Of Contractual Repudiation Does Not Apply To Employment Contracts

    Can an employee’s insubordination amount to repudiation of his employment contract, thus providing his employer with just and sufficient cause to dismiss him?
    CanadaEmployment and HR
    Lavery
    Lavery
  • Article

    The Government Announces A Forum On Mining Royalties To Be Held

    In February 2013, the Minister of Finance and Economy and the Minister of Natural Resources announced the launch of forum on mining royalties to be held on March 15 in Montreal.
    CanadaEnergy and Natural Resources
    Lavery
    Lavery
  • Article

    Domestic Systematically Important Banks

    On March 26, 2013, the Office of the Superintendent of Financial Institutions ("OSFI"), the Canadian bank regulator, issued an Advisory.
    CanadaFinance and Banking
    Lavery
    Lavery
  • Article

    Relaxing Of The Liquidity Coverage Ratio Under Basel III

    On January 6, 2013, the Basel Committee on Banking Supervision announced that it was relaxing the liquidity rules that will be applied to banks beginning in 2015.
    CanadaFinance and Banking
    Lavery
    Lavery
  • Article

    Canadian Intellectual Property Office (CIPO): Fee Increase

    CIPO has announced an increase in their fees as of January 1, 2024. Their current fees will be increased by at least 25%.
    CanadaIntellectual Property
    Lavery
    Lavery
  • Article

    The Landlord’s Obligation To Provide Peaceful Enjoyment

    Although non-residential real estate leases provide for a variety of obligations, which are often more onerous for the tenant than the landlord, it is the very essence of the lease that the landlord must provide the tenant with the peaceful enjoyment of the leased premises.
    CanadaReal Estate and Construction
    Lavery
    Lavery
  • Article

    Conflicting Rights Of Hypothecary Creditors And Tenants

    The relationship between the hypothecary creditor of an immovable and the tenant begins when the tenant negotiates his commercial lease, because it contains provisions which, in principle, are intended to satisfy the requirements of a possible hypothecary creditor.
    CanadaReal Estate and Construction
    Lavery
    Lavery
  • Article

    Entire Agreement Clauses

    "This contract shall constitute the entire agreement between the parties with respect to the subject matter hereof and shall not include any representation, promise or warranty other than those set out herein."
    CanadaCorporate/Commercial Law
    Lavery
    Lavery
  • Article

    The Amazon.Com Judgment: The Patentability Of The One-Click Method

    On November 24, 2011, the Federal Court of Appeal rendered its judgment in the case of "Canada (A.G.) v. Amazon.com, Inc." (2011 FCA 328) requiring the Commissioner of Patents to re-examine the patent application presented by Amazon.com in 1998, in a manner consistent with the Court’s reasons.
    CanadaIntellectual Property
    Lavery
    Lavery
  • Article

    Effect Of A Unanimous Shareholders’ Agreement On CCPC Status

    The central issue before the Court was to determine what impact Bagtech's USA had on its status as a CCPC.
    CanadaTax
    Lavery
    Lavery
  • Article

    Tax Opportunities Under The Indian Act

    Although it is not often well-understood in business and tax circles, the Indian Act (the "Act"), coupled with federal and provincial tax laws...
    CanadaTax
    Lavery
    Lavery

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