June 26, 2020
On June 12, the Quebec government introduced bill 164, An Act to modernize legislative provisions as regards the protection of personal information (“the Bill”), first announced nearly a year ago. Once adopted, the Bill will result in significant changes to various laws in order to modernize the regulatory framework for the protection of personal data in Quebec.
The modernization process will target private and public sector institutions as well as political parties, and will require compliance efforts by all these organizations. Indeed, the nature of the new requirements and the hefty penalties for violations mean that privacy protection can no longer be ignored with impunity.
June 22, 2020
When a business is being sold, whether through a sale of shares or assets, the risks associated with the transaction can be allocated between the seller and purchaser through contractual mechanisms, such as representations and warranties.
In general, it is in the purchaser’s interest that the representations and warranties from the seller be as broad and numerous as possible to minimize the risk of pre-closing issues being discovered after the transaction. The reverse is generally true for the seller, who will seek to minimize exposure to indemnification proceedings and the risk of being found liable after closing.
June 18, 2020
On May 7, 2020, the Supreme Court of Canada dismissed an application by commercial advertisers wishing to appeal a September 25, 2019 ruling by the Quebec Court of Appeal, which upheld the City of Montréal’s principal appeal on the matter of the legality of a ban on billboards in the Plateau Mont-Royal (“PMR”) borough. Consequently, the commercial advertisers will have to remove and/or demolish the billboards still in place in the borough.