This article first appeared in French in the Autumn 2019 edition of the Copropriété Plus magazine.
The regime of undivided co-ownership under the Civil Code of Québec (the “CCQ”) has given rise to several legitimate questions in cases involving partition and the end of indivision, and to extensive case law. This article provides a brief overview of the issues inherent in this type of property ownership.
In the matter of Bourbonnière v. Yahoo! Inc., the Quebec Superior Court applied the principles laid down by the Quebec Court of Appeal in the Sofio decision and confirmed that being a victim of an IT security incident does not in and of itself give rise to a claim for damages by the victim.
In October 2018 Canada became one of the first countries in the world to legalize the recreational use of cannabis. At the time the legislation was adopted, many employers thought that this had all happened a bit too quickly. The media storm surrounding the unreliability of available screening methods also heightened fears about workplace-related dangers stemming from cannabis use. Now that the dust has settled, what lessons can be drawn from what has transpired over the last twelve months?
For almost a year now, holders of a federal licence, distributors and retailers authorized by the Canadian provinces and territories may commercialize dried cannabis, fresh cannabis, cannabis oil, cannabis plants and the seeds of cannabis plants, as the case may be.
This coming October 17, new categories of cannabis – namely edible cannabis, cannabis extracts and cannabis topicals – will be legalized, and a wide array of new products will hit the market.
The legalization of non-medical cannabis and the upcoming legalization of cannabis derivatives and edibles have had an invigorating effect on many investors and entrepreneurs, who see this as an exceptional business opportunity. However, before embarking on the development of a cannabis cultivation or processing project, several important elements must be taken into account.
On September 3, 2019 Quebec’s Superior Court ruled in Murray Hall v. Procureure générale du Québec that Quebec’s prohibition on home cultivation of cannabis is unconstitutional.