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Publications

January 28th, 2025

Use of biometric data: Québec’s Privacy Commissioner keeps the bar high

The use of biometrics is growing in both the private and public sectors. For the first time since Law 25 came into force, the Commission d'accès à l'information (CAI) has had the opportunity to render a decision on the use of a facial recognition system. The decision is another illustration of the CAI's rigorous standards regarding biometric systems.

Publications

January 14th, 2025

The Trademarks Opposition Board wants to clear deadwood from the register

On December 12, the Trademarks Opposition Board (TMOB) published a practice notice that conveyed its intention to break from its hitherto passive role. As part of a pilot project, the TMOB will proactively send notices of summary expungement proceedings against randomly selected registrations.

Publications

December 11th, 2024

Prohibited practices under the Charter of the French language: The Administrative Labour Tribunal sets the record straight in Kim c. Ultium Cam

Since June 1, 2023, following a reform of the Charter of the French language, Québec employers have had to adjust their recruitment practices to meet the new language requirements. This includes rules around job postings demanding that candidates speak a language other than French.

Publications

November 26th, 2024

Can the wrongful exercise of parental authority give rise to civil liability? Yes, but…

Québec lawmakers have yet to disallow civil liability actions concerning the exercise of parental authority. The recent case of Droit de la famille – 24915 provides a detailed analysis of the nature and limitations of this type of claim, and explores the concept of “parental alienation.”

Publications

November 26th, 2024

Does your contract let you charge late payment interest?

In accordance with Civil Code of Québec provisions, if the person you are contracting with has failed to pay you, you may charge interest under certain conditions.

Publications

November 11th, 2024

Employers and insurers: New rules on absence and disability management on the horizon

Bill 68, An Act mainly to reduce the administrative burden of physicians (the “Act”), which is primarily aimed at reducing non-value-added medical appointments, was assented to by the Lieutenant Governor on October 9. The Act introduces amendments to the Act to promote access to family medicine and specialized medicine services and the Act respecting labour standards (the “ALS”), which will significantly change the way both employers and insurers manage absence and disability. Some provisions will come into force on January 1, 2025, while others will come into force on a date to be determined. This article outlines the key changes introduced by the Act.