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Publications

August 10th, 2020

Prohibiting genetic discrimination: a valid criminal law subject, according to the Supreme Court of Canada

In a contentious 5-4 split decision, with 3 justices providing the main reasons, 2 justices concurring and 4 judges dissenting, the Supreme Court of Canada has ruled that the Parliament of Canada has the power to prohibit genetic discrimination.1 Specifically, Justice Karakatsanis found that the purpose of the Genetic Non-Discrimination Act is to ensure that individuals’ […]

Publications

August 10th, 2020

Federally regulated employers, be prepared: new Workplace Harassment and Violence Prevention Regulations due to take effect in a few months

Introduction In the wake of recent amendments to the Canada Labour Code1 to address harassment and violence in the workplace,2 the draft Workplace Harassment and Violence Prevention Regulations (the “Regulations”) have been of particular interest to federally regulated employers due to the magnitude of the changes being introduced. We have been waiting to hear the precise date […]

Publications

August 7th, 2020

Crisis management and the heightened risk of insider trading and tipping

A. Market integrity during the ongoing crisis: enhanced regulatory scrutiny is expected The circumstances arising from the COVID-19 pandemic are giving rise to unprecedented consequences in global securities markets. The unfolding crisis will likely give rise to material impacts to the business operations of many public issuers. Since most public issuers have deployed rapidly evolving […]

Publications

August 6th, 2020

The Superior Court weighs in on COVID-19 and force majeure

In a recent decision, the Superior Court of Quebec addressed the impact of the COVID-19 pandemic on the contractual obligations of parties to a commercial lease. This decision is likely the first of many to address this increasingly pervasive issue for businesses operating in Quebec. The decision In Hengyun International Investment Commerce Inc. v. 9368-7614 […]

Publications

July 23rd, 2020

New investment opportunities for French and other foreign investors in Quebec

The forced hiatus in business activity and the economic shock caused by COVID-19 have hit many Quebec business owners hard. The impact is especially heavy for owners saddled with the burden of succession planning and finding no one to take over the reins. Currently, 30 to 60,000 Quebec businesses are in danger of disappearing within […]

Publications

July 22nd, 2020

The Administrative Tribunal of Québec reconfirms the principles governing reimbursement of legal expenses

It has long been established that a party subject to expropriation is not entitled to the reimbursement of legal fees as damages caused by the expropriation. However, there are two exceptions to this rule: (1) where there has been bad faith or abuse of process by the expropriating party; and (2) where expropriation proceedings have […]