Right of Participating and Non-Participating Physicians to Associate

In a unanimous decision rendered on June 1, 2017, the Quebec Court of Appeal dismissed the appeal of the Fédération des médecins spécialistes du Québec (the “FMSQ”) of a decision of the Quebec Superior Court rendered on June 16, 2015 denying the FMSQ’s motion for a declaratory judgment to the effect that section 333.3 of Quebec’s Act Respecting Health Services and Social Services (the “HSSSA”) and certain related provisions are null and of no force or effect. The impugned provisions prevent physicians participating in the provincial health insurance plan and non-participating physicians from practising medicine together in a specialized medical centre (“SMC”).

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Notice to Federal Not-for-Profit Corporations

Are you a director or officer of a corporation created pursuant to Part II of the Canada Corporations Act? Did you know that you must have completed your transition to the Canada Not-for-Profit Corporations Act and received your Certificate of Continuance by July 31, 2017?

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Mining Royalties: Is Quebec so Different?

This article was first published on The Lawyer’s Daily website on June 8, 2017.

Recently, in Third Eye Capital Corp. v. Dianor Resources Inc., 2016 ONSC 6086, the Ontario Superior Court of Justice rendered a decision that illustrates the importance of carefully drafting and arranging royalty agreements if the intended result is to have the royalty interest “run with” the land — i.e., to be enforceable against third parties, such as new owners, instead of just a contractual right enforceable against the grantor personally.

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Bill 102 and Its Impact on the Watercourses Act

Over the last years, the Québec government has undertaken an extensive reform of the Environment Quality Act (EQA), first in June 2015, by tabling the Green Paper to modernize the environmental authorization scheme under the EQA, followed by Bill 102 in June 2016. Entitled “An Act to amend the Environment Quality Act to modernize the environmental authorization scheme and to amend other legislative provisions, in particular to reform the governance of the Green Fund”, Bill 102 was almost unanimously adopted by the National Assembly on March 23, 2017.

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