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Publications

July 13th, 2022

The analytical framework specific to seizure before judgment: distinction with the debate on the merits of the case

On December 15, 2021, in Mercedes-Benz Financial Services Canada Corporation v. Seweha,1 the Quebec Court of Appeal reiterated that in matters of seizure before judgment, the analysis of the sufficiency of the allegations must be based on the allegations contained in the affidavit submitted in support of the seizure, and not on the allegations contained in […]

Publications

July 7th, 2022

Do professional bodies have control over copyrighted material?

Did you know that the content of your organization’s guides, newsletters, handwritten information capsules and other materials may not belong to you? How can you make sure that you keep control over those materials? Any materials that meet a minimum threshold of originality will be works that can be protected by copyright. When employees or […]

Publications

June 29th, 2022

Changes in the duty to defend under Quebec insurance law: New regulation passed by the government!

On May 5, the Regulation respecting categories of insurance contracts and insured parties that may depart from the rules of articles 2500 and 2503 of the Civil Code (the “Regulation”) came into force. This follows the bill1 amending article 2503 C.C.Q., which was assented to on June 7, 2021. Article 2503 C.C.Q. now provides that the government may, by […]

Publications

June 27th, 2022

Bilingualism required? The New Brunswick Court of Queen’s Bench considers the appointment of a unilingual English speaking Lieutenant-Governor

On April 14, 2022, the Chief Justice of the New Brunswick Court of Queen’s Bench (the “Court”), Tracey K. DeWare, answered an important language rights question in Acadian Society of New Brunswick v. The Right Honourable Prime Minister of Canada:1 must the person who holds the office of Lieutenant-Governor of New Brunswick be bilingual? Background […]

Publications

June 23rd, 2022

Bill 96 amending the Charter of the French Language: What employers need to know

On June 1, 2022, in its drive to strengthen the status of the French language in Québec, the Government of Québec received royal assent to its Bill 96, the Act respecting French, the official and common language of Québec. This statute, which amends the Charter of the French Language, imposes new obligations on employers and most […]

Publications

June 22nd, 2022

The Charter of the French Language and commercial display of your trademarks: major changes ahead

On June 1, 2022 the Government of Québec formally enacted the bill entitled An Act respecting French, the official and common language of Québec, (“Bill 96”), which amends the Charter of the French Language (the “Charter”), commonly known as Bill 101. This reform covers many aspects of society, and the area of trademarks is no exception. […]