Articles

Protection of personal information: main takeaways one year later

Almost one year ago, two bills were introduced: one in the National Assembly of Quebec, Bill 64, An Act to modernize legislative provisions as regards the protection of personal information (“Bill 64”) in June 2020, and another in the House of Commons, Bill C-11, An Act to enact the Consumer Privacy Protection Act and the Personal Information and Data Protection Tribunal Act and to make consequential and related amendments to other Acts (“Bill C-11”) in November 2020.

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Recognition of the validity of legal fee reimbursement clauses in a loan contract: principles to keep in mind

On April 6, 2021, in its decision in Bank of Nova Scotia v. Davidovit, the Quebec Court of Appeal had the opportunity to rule on the validity of a legal fee reimbursement clause contained in a term loan and suretyship contract. In addition to clearly summarizing the law applicable to this type of provision, the Court also reviewed the criteria for qualifying a juridical act as a contract of adhesion.

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The challenges of remote work after the pandemic

This article first appeared in French in the June 2021 issue of the Journal des Parcs industriels of the Corporation des parcs industriels du Québec.

At the current vaccination rate, the imminent lifting of restrictions, including those requiring remote work, is a real possibility. Several legitimate questions will then arise for employers. Here are some legal and strategic considerations on this topic that may shape the world of work going forward.

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Privacy rights at the frontier of the burden of proof of injury

On March 26, 2021, the Superior Court ruled on Lamoureux c. Investment Industry Regulatory Organization of Canada (IIROC), 2021 QCCS 1093, a landmark loss of personal information decision in which the Court dismissed the class action brought by plaintiff Danny Lamoureux. This decision is the first judgment in Canada on the merits of a class action concerning a loss of personal information. The action focuses on the right to privacy and the duty of companies and public bodies to take appropriate security measures to ensure the protection of personal information.

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CUSMA: A wind of change in copyright

Following the official signing of the Canada-United States-Mexico Agreement (CUSMA) during the G20 Leaders’ Summit in Buenos Aires in November 2018, the new agreement came into force on July 1, 2020. The CUSMA now replaces the North American Free Trade Agreement, which had been in place since 1994. At the time, NAFTA created the largest free-trade region in the world and shaped commercial activities on the continent. The far-reaching impact of the CUSMA will be felt in numerous fields of commercial activity and its implementation will take time. In terms of intellectual property, its effects are already noticeable.

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Amendments to the Charter of the French Language: have you registered your commercial signage?

On May 13, the Government of Quebec unveiled its proposed reform of the Charter of the French Language (the “Charter”), also known as Bill 101. This reform covers many spheres of society and the area of trademarks is no exception. Indeed, the bill entitled An Act respecting French, the official and common language of Quebec (hereinafter, “Bill 96”) introduces significant changes to commercial signage in a language other than French.

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