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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 […]

Publications

August 18th, 2023

Comment on the Proposition de Fuoco decision – The criteria for a provable claim and the debt resulting from the legal warranty of quality

This is the English version of an article published in La référence on August 8, 2023 under number EYB2023REP3653. INTRODUCTION Despite abundant case law on latent defects and what constitutes a provable claim, Quebec courts have rarely been called upon to decide an issue involving both concepts. What is the outcome where a sale […]

Publications

August 18th, 2023

Teachers’ right to privacy: a decision of interest is expected from the Supreme Court of Canada

On June 21, 2022, the Court of Appeal for Ontario rendered a decision1 concerning the extent of employees’ reasonable expectation of privacy in the workplace. The Court of Appeal decided inter alia that the protection against unreasonable search or seizure under section 8 of the Canadian Charter of Rights and Freedoms (the “Charter”) applies to employees […]

Publications

July 21st, 2023

The Canadian Ombudsperson for Responsible Enterprise (CORE) launches its first investigations

On July 11, 2023, the Canadian Ombudsperson for Responsible Enterprise (CORE) announced the initiation of two investigations into allegations of forced labour in the supply chains and operations of two Canadian companies. The CORE has decided to investigate complaints against Nike Canada Corporation and Dynasty Gold Corporation involving alleged relationships with Chinese companies that committed […]

Publications

July 13th, 2023

Calls for tenders: How the related-work concept applies when determining required licences

When a contractor is asked to submit a bid pursuant to a call for tenders, it obviously must ensure that it holds all the licence classes required for the planned project. Generally, tender documents do not specify the numbers of the required licences, leaving it up to bidders to determine them. The client will, however, […]

Publications

July 12th, 2023

Amendments to the Competition Act regarding the legality of wage-fixing and no-poaching agreements

Introduction In a previous article, we reported on amendments to the Competition Act (the “Act”)1 pursuant to the Act to implement certain provisions of the budget tabled in Parliament on April 7, 2022, and other measures (the “BIA”).2 These amendments attest to the Canadian government’s intention to modernize Canada’s competition regime and foster a competitive market, […]