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Publications

June 13th, 2023

Bill 29: New obligations to consumers regarding the quality, durability and repairability of goods and amendments to the Consumer Protection Act. Manufacturers and merchants, get ready...

On June 1, 2023, the Quebec Minister of Justice introduced Bill 29, An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods (the “Bill”), amending the Consumer Protection Act,1 in the National Assembly with the stated aim of strengthening the legal warranty of quality and ensuring the repairability […]

Publications

May 30th, 2023

The Ontario Court of Appeal reaffirms that only a clear, explicit and unequivocal statutory provision can abrogate solicitor-client and litigation privilege

On May 1, 2023, in Ontario (Auditor General) v. Laurentian University,1 the Ontario Court of Appeal followed the teachings of the Supreme Court of Canada set out in Blood Tribe2 and Lizotte3 to conclude that the Auditor General Act4 (the “Act”) does not contain sufficiently clear, explicit and unequivocal language to abrogate solicitor-client, litigation and settlement privilege. Background […]

Publications

May 29th, 2023

Insurance in the era of climate change

Starting in the 2000s, the Actuaries Climate Index began to trend upward in Canada, reflecting the increasing probability of extreme weather events.1 More recently, a single event resulted in massive insurance claims. The 2016 fires in Fort McMurray caused nearly $10 billion in damage, a third of which was insured. It was the country’s biggest […]

Publications

May 19th, 2023

Exemption from the requirement to establish a committee on access to information and the protection of personal information – Regulation

Since September 22, 2022, all public bodies subject to the Act respecting Access to documents held by public bodies and the Protection of personal information (CQLR c. A-2.1) were required to establish a committee on access to information and the protection of personal information (an “AIPPI Committee”) (s. 8.1). The AIPPI Committee’s purpose is to […]

Publications

April 28th, 2023

Recent developments in workplace health and safety

Conflicting case law on the retroactive effect of An Act to modernize the occupational health and safety regime Since the Act to modernize the occupational health and safety regime (SQ 2021, c. 27) (the “MOHSA”) came into force on October 6, 2021, the Administrative Labour Tribunal (the “ALT”) has adjudicated several cases where it had […]

Publications

April 26th, 2023

Litigation and the risks of media coverage

All large manufacturers know that trademark protection means navigating a minefield of issues. Receiving protection in your local market is no guarantee of protection in neighbouring countries. Every jurisdiction has its nuances, including the prior rights of small local businesses. A frequent blind spot when designing strategies to best protect a company’s flagship marks is […]