Articles

The Superior Court takes stock of restrictive covenants included in contracts of partnership

The Superior Court recently rendered a very relevant decision in Mazars Harel Drouin S.E.N.C.R.L. v. Plourde with respect to the interpretation and validity of a non-solicitation clause and of a penal clause included in a contract of partnership, and with respect to abuse of legal process. This decision namely clarifies the angle of analysis for restrictive covenants incorporated in contracts of partnership whereas until then there had been few instructive decisions on the matter.

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2020: the year of modifications to the Canadian and Quebec laws on protection of personal information

Last December, the Prime Minister of Canada, the Right Honourable Justin Trudeau, sent a mandate letter to each of the ministers of his recently formed government.

Among the priorities stated in the letters sent to the Minister of Justice, the Minister of Innovation, Science and Industry, and the Minister of Canadian Heritage, the Prime Minister expressed his expectations regarding the implementation of Canada’s Digital Charter, the enhancement of the powers of the Privacy Commissioner and the establishment of a new set of “online” rights.

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In the event of a loss, can the syndicate of co-owners (condominium association) sue the co-owner at fault?

This article is a modified version of a comment originally published by Éditions Yvon Blais in December 2019 (EYB2019REP2875).

A formal notice is a debtor’s last chance to make reparation for his or her fault. A creditor’s failure to deliver formal notice to a debtor may have serious consequences, including the dismissal of a claim.

In addition to the general principles governing the admissibility of a legal action, the co-ownership syndicate is required to fulfill certain specific obligations, such as the prior submission of a claim to the insurer, before commencing legal action against one of its co-owners.

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Understanding the criteria for admissibility of a surveillance operation as evidence

Last October 3, the Court of Appeal of Québec issued an important decision in the CSSS Vallée-de-la-Gatineau Workers’ Union case, concerning the admissibility as evidence of a videotape obtained as part of a surveillance operation. In this case, the Court of Appeal nullified an arbitration award that had previously refused to admit into evidence a videotape showing an employee engaged in activities that were incompatible with her state of disability.

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