Articles

Modernization of the Act respecting the protection of personal information in the private sector: what employers need to know

Employers are subject to a number of new obligations as a result of the modernization of the Act respecting the protection of personal information in the private sector (the “Act”), the new provisions of which will come into force over a three-year period (from September 2022 to September 2024). Below are some of the amendments that may require employers to adapt their processes and practices to comply with the new requirements of the Act. 

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BIM: a tool for substantiating a claim

The use of Building Information Modelling, commonly known as BIM, is becoming increasingly widespread in both public and private construction projects. BIM is traditionally seen as a tool used for the digital representation of various physical and functional aspects of a project. It serves as a communication and coordination tool which promotes increased collaboration between stakeholders and should therefore reduce the number of problems encountered during construction projects. Some of the problems that could be avoided with the proper use of BIM include issues stemming from interdisciplinary coordination of drawings and specifications, issues related to in-situ conditions, issues caused by owner-initiated changes and several other unexpected issues that may arise on-site.

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Letters of intent for the acquisition of an enterprise: their purpose and the obligations they create

This article appeared in French the October 2022 issue of the Journal des Parcs industriels published by the Corporation des parcs industriels du Québec.

A letter of intent is the generally recommended formal first step in transactions involving the acquisition of one or more businesses. Although the content may vary depending on what the parties agree to, this article provides an overview of the usual contents of a letter of intent and the obligations it creates for the parties concerned.

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The Court of Appeal finds that the principle of proportionality does not extend the scope of the doctrine of forum of necessity

On December 3, 2021, in Otsuka Pharmaceutical Company Limited c. Pohoresky, the Superior Court of Québec (the Honourable Suzanne Courchesne) determined that it had jurisdiction to hear a class action brought by non-residents of Québec directed, in part, against foreign defendants (the “Foreign Defendants”). According to the Superior Court, the doctrine of forum of necessity codified at article 3136 of the Civil Code of Québec (the “C.C.Q.”) allowed Québec courts to hear the dispute with respect to the Foreign Defendants. This finding was based on a novel reading of article 3136 C.C.Q. in light of article 491, paragraph 2 of the Code of Civil Procedure (the “C.C.P.”).

On September 12, 2022, the Québec Court of Appeal (the Honourable Simon Ruel, the Honourable Benoît Moore and the Honourable Frédéric Bachand) unanimously overturned the Superior Court judgment and ruled on the impact of article 491, para. 2 C.C.P. on the scope of jurisdiction under the doctrine of forum of necessity as set out in article 3136 C.C.Q.

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Modernization of the legal framework regarding personal information protection: What you need to know in connection with commercial transactions

When acquiring a business, the buyer and its advisers generally carry out due diligence and request the seller to disclose a great deal of information about the business it is selling and its activities.

Some of that information often contains “personal information” i.e., information which relates to a natural person and allows that person to be identified. Such information may include information regarding the company’s employees, suppliers or customers.

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