Articles

Business succession planning: five mistakes to avoid

This article first appeared in French in the September 2022 issue of the Journal des Parcs industriels of the Corporation des parcs industriels du Québec (the Quebec Industrial Parks Corporation).
After years of hard work, it’s time to retire. Several complex questions come to mind. How do you transition? How do you choose the right person to take over? What will happen to your business? As you plan your departure, you want to be sure that your successors are just as committed to the sustainability and success of the company you have spent years building. Succession planning is forward looking, but it is also a difficult process that requires time, thought and preparation. Here are the five most common mistakes business owners make in planning their departure, and ways to avoid them.

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B.C. Court of Appeal affirms constitutionality of ban on private insurance for provincially covered healthcare

On July 15 of this year, in Cambie Surgeries Corporation v. British Columbia (Attorney General), the British Columbia Court of Appeal affirmed a decision of the British Columbia Supreme Court recognizing the constitutionality of legislation banning private insurance for healthcare covered by the public plan under section 7 of the Canadian Charter of Rights and Freedoms.

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Qualified immunity in professional law: a strong ground for dismissal

Protecting the public is the principal mission of Québec’s professional orders and is the very cornerstone of professional law. Section 193 of the Professional Code enables these bodies to fulfil this role by conferring on the various players in the professional law system, such as syndics, professional orders, inspectors and the Professions Tribunal, a qualified immunity under which they “cannot be prosecuted by reason of acts engaged in in good faith in the performance of their duties or functions.”

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Changes to the Competition Act: What employers need to know

On June 23, An Act to implement certain provisions of the budget tabled in Parliament on April 7, 2022, and other measures (the “BIA”) received Royal Assent. The BIA was the subject of Bill C-19, which was introduced on April 7, 2022, and contains a series of amendments to the Competition Act (the “Act”). While those amendments are significant, they are just a first step in modernizing Canada’s competition regime as announced by the Canadian government in the winter of 2022.

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A job for life: Not just for laughs!

In a decision dated July 13 of this year, Justice Marc Saint-Pierre of the Quebec Superior Court ordered that an employee who had been guaranteed a job “for life” by his employer be reinstated (Gloutnay v. Rozon, 2022 QCCS 2578).

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