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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 […]

Publications

April 18th, 2023

The policyholder’s life insurance positive reporting obligation

This article appeared in the Winter 2023 issue of the Montréal Association of Insurance Women (MAIW) newsletter. The authors comment on the decision in Croteau (succession De Roy) v. TD Compagnie d’assurance-vie, and the recent Superior Court decision in Kabeya v. Compagnie d’assurance-vie RBC, both of which addressed the principles of misrepresentation analysis in life […]

Publications

April 17th, 2023

Child labour in Quebec: The dawn of a new legal era

On March 28, a few months after receiving the latest opinion from the Comité consultatif du travail et de la main-d'œuvre (CCTM) on child labour in Quebec, the Minister of Labour, Jean Boulet, introduced Bill 19, An Act respecting the regulation of child labour, which aims to reform the current legislation governing child labour in […]

Publications

April 6th, 2023

Trademark owners: Get ready for the changes to the Charter of the French language

Amendments to the Charter of the French language (the “Charter”) slated to come into force on June 1, 2025 will have major repercussions on trademark owners doing business in Quebec. The Charter requires all product labelling and commercial signs in Quebec to be in French, other than certain exceptions for trademarks. Those requirements will be […]

Publications

April 6th, 2023

Crown immunity for the enactment of legislation later declared unconstitutional before the Supreme Court of Canada

Introduction On April 21, 2022, the Court of Appeal of New Brunswick rendered its decision in the case of Attorney General of Canada v. Power1 as it pertains to the limits to Crown immunity in the context of a claim for damages for the enactment of legislation later declared unconstitutional. In the decision under appeal, […]