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Publications
October 13th, 2022

The Court of Appeal finds that the principle of proportionality does not extend the scope of the doctrine of forum of necessity

On December 3, 2021, in Otsuka Pharmaceutical Company Limited c. Pohoresky,1 the Superior Court of Québec (the Honourable Suzanne Courchesne) determined that it had jurisdiction to hear a class action brought by non-residents of Québec directed, in part, against foreign defendants (the “Foreign Defendants”). According to the Superior Court, the doctrine of forum of necessity codified […]
Publications
September 22nd, 2022

Modernization of the legal framework regarding personal information protection: What you need to know in connection with commercial transactions

When acquiring a business, the buyer and its advisers generally carry out due diligence and request the seller to disclose a great deal of information about the business it is selling and its activities. Some of that information often contains “personal information” i.e., information which relates to a natural person and allows that person to […]
Publications
September 21st, 2022

Business succession planning: five mistakes to avoid

This article first appeared in French in the September 2022 issue of the Journal des Parcs industriels of the Corporation des parcs industriels du Québec (the Quebec Industrial Parks Corporation). After years of hard work, it’s time to retire. Several complex questions come to mind. How do you transition? How do you choose the right person […]
Publications
August 23rd, 2022

B.C. Court of Appeal affirms constitutionality of ban on private insurance for provincially covered healthcare

On July 15 of this year, in Cambie Surgeries Corporation v. British Columbia (Attorney General), the British Columbia Court of Appeal affirmed a decision of the British Columbia Supreme Court recognizing the constitutionality of legislation banning private insurance for healthcare covered by the public plan under section 7 of the Canadian Charter of Rights and Freedoms. […]
Publications
August 18th, 2022

Qualified immunity in professional law: a strong ground for dismissal

Protecting the public is the principal mission of Québec’s professional orders1 and is the very cornerstone of professional law. Section 193 of the Professional Code (CQLR c C‑26) enables these bodies to fulfil this role by conferring on the various players in the professional law system, such as syndics, professional orders, inspectors and the Professions Tribunal, a […]