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Publications

November 3rd, 2023

Commentary on G.A. c. N.B. - Sexual abuse through the prism of civil liability and parental authority

This is the English version of an article published in La référence under number EYB2023REP3681. Summary This article comments a Court of Appeal decision regarding a Superior Court judgment ordering that over $800,000 be paid in compensation to a victim by her abuser and her parents. I - Background With several high-profile cases […]

Publications

November 1st, 2023

Equity, instalment sale contract and questions of law at the authorization stage

On April 19, 2023, in Banque de Montréal c. Chevrette, the Court of Appeal rendered a noteworthy decision on the scope of section 148 of the Consumer Protection Act (“CPA”)1 and the pricing of goods under instalment sale contract. The decision was rendered in connection with a consumer class action against two financial institutions, a manufacturer […]

Publications

October 30th, 2023

Reference re Impact Assessment Act: Supreme Court majority rules that the presumption of constitutionality cannot save the Act from being unconstitutional in part

Introduction On appeal from a decision of the Court of Appeal of Alberta in the context of a reference, the Supreme Court of Canada (the “Court”) recently concluded that the federal impact assessment scheme consisting of the Impact Assessment Act1 (the “IAA”) and the Physical Activities Regulations2 is unconstitutional in part.3 A majority of the Court, […]

Publications

October 19th, 2023

An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods

Assent and gradual entry into force of new obligations regarding the quality, durability and repairability of goods and amendments to the Consumer Protection Act Manufacturers and merchants, get ready... On October 5, just four months after Bill 29 was introduced in the National Assembly, An Act to protect consumers from planned obsolescence and to promote […]

Publications

September 18th, 2023

Public infrastructure surveillance: Who Watches the Watchmen?

The issues surrounding the collection and use of data via a surveillance system are becoming increasingly complex from a managerial, operational and legal perspective, particularly: when the data collected includes personal information about employees or the public; when advanced technology is used without sufficient understanding and oversight. In today’s global context (terrorism, cyberterrorism, war, espionage, […]

Publications

September 12th, 2023

Ethics in artificial intelligence: Discriminatory biases

Introduction With the rapid advances in artificial intelligence (“AI”), the call for an ethical framework for AI is growing louder. But what exactly does that entail? “Derived from the Greek word ‘ethos,’ which means ‘way of living,’ ethics is a branch of philosophy that is concerned with human conduct, more specifically the behaviour of individuals […]