Articles

Bilingualism required? The New Brunswick Court of Queen’s Bench considers the appointment of a unilingual English speaking Lieutenant-Governor

On April 14, 2022, the Chief Justice of the New Brunswick Court of Queen’s Bench (the “Court”), Tracey K. DeWare, answered an important language rights question in Acadian Society of New Brunswick v. The Right Honourable Prime Minister of Canada: must the person who holds the office of Lieutenant-Governor of New Brunswick be bilingual?

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Bill 96 amending the Charter of the French Language: What employers need to know

On June 1, 2022, in its drive to strengthen the status of the French language in Québec, the Government of Québec received royal assent to its Bill 96, the Act respecting French, the official and common language of Québec. This statute, which amends the Charter of the French Language, imposes new obligations on employers and most of those new obligations came into effect on June 1. Employers will therefore have to adapt their processes and practices in order to meet the new requirements.

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The Charter of the French Language and commercial display of your trademarks: major changes ahead

On June 1, 2022 the Government of Québec formally enacted the bill entitled An Act respecting French, the official and common language of Québec, (“Bill 96”), which amends the Charter of the French Language (the “Charter”), commonly known as Bill 101. This reform covers many aspects of society, and the area of trademarks is no exception. Significant changes are coming to the exception for public signs and posters in a language other than French for all business operating in Québec.

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Are documents prepared during an internal investigation always protected by litigation privilege?

This article is a modified version of a case comment originally published by Éditions Yvon Blais in June 2022 (EYB2022REP3463). 

Litigation privilege is an exception to complete disclosure of the relevant facts in a pre-trial examination and may be invoked in respect of documents drawn up in preparation for litigation, including during an internal investigation. The distinction between an internal investigation conducted in relation to a company’s activities and an investigation conducted in preparation for litigation can sometimes be tenuous, as illustrated by the decision in Zurich Insurance Company Ltd. (Canadian Branch) c. A.H. Lundberg Systems Limited.

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