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Publications

November 24th, 2023

Navigating corporate governance for venture issuers in Canada – Part 1: board composition, board committees and essential policies for robust corporate governance

Introduction Embarking on the journey of going public on the TSX Venture Exchange (the “TSXV”) or the Canadian Securities Exchange (the “CSE”) in Canada is a momentous step for emerging companies (also referred to as “venture issuers”). This transition opens up new avenues for capital acquisition and provides access to a broader spectrum of investors. […]

Publications

November 14th, 2023

Neon and collaboration: The emergence of hybrid project delivery mode and the next generation of traditional delivery contractual templates

In the 1980s, neon was the thing to wear. Did some people go all-in? Absolutely! Leggings, bodysuit, baggy t-shirt, wide belt—all neon. Ski slopes and gyms that transformed into dance floors on Saturday night were the perfect backdrop. Did you have to go all-in, all the time? Not at all. You wouldn’t wear neon to […]

Publications

November 10th, 2023

Legal framework for artificial intelligence: Where do we stand in Canada and Quebec?

Foreword In recent years, advances in artificial intelligence1 (AI), particularly in generative AI,2 have been impressive. Whether we’re talking about large language models capable of processing and generating human-like text, self-driving cars, or the facial biometric authentication now used to unlock most cell phones, AI systems occupy a significant place in every sphere of human life. […]

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, […]