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Publications

October 21st, 2022

Letters of intent for the acquisition of an enterprise: their purpose and the obligations they create

This article appeared in French in the October 2022 issue of the Journal des Parcs industriels published by the Corporation des parcs industriels du Québec. A letter of intent is the generally recommended formal first step in transactions involving the acquisition of one or more businesses. Although the content may vary depending on what the […]

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 23rd, 2022

Exemption from registration fees in Québec’s Enterprise Register for Ontario legal persons

As of recently, Ontario legal persons no longer have to pay the registration fees when registering in Québec’s Enterprise Register. On June 8, 2021, the National Assembly of Québec passed Bill 78, also known as An Act mainly to improve the transparency of enterprises. Key provisions of this Act that mainly aims at improving enterprise transparency […]

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. […]