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Publications

December 3rd, 2018

The Supreme Court Rules on the Duty to Consult First Nations During the Legislative Process

On October 11, 2018, in a highly anticipated decision1, the Supreme Court of Canada unanimously dismissed an appeal brought by the Mikisew Cree First Nation (the “Mikisew”), concluding that the Federal Court did not have jurisdiction to hear the application for judicial review of measures taken by ministers exercising legislative powers, as they are not […]

Publications

December 3rd, 2018

Federal Carbon Tax: What Impacts for Quebec?

Introduction On June 21, 2018 the federal Greenhouse Gas Pollution Pricing Act (the “GGPPA”), published pursuant to Part 5 of the Budget Implementation Act 2018, received royal assent and established the federal standard for a compliant carbon pricing regime. The purpose of the GGPPA is to incentivize greenhouse gas emissions regulation broadly throughout Canada, notably […]

Publications

November 27th, 2018

Resignation Without Notice: The Court of Appeal Rules!

In its decision in Pharmacie Jean-Sébastien Blais inc. v. Pharmacie Éric Bergeron et André Vincent Inc., 2018 QCCA 1895, the Quebec Court of Appeal confirmed the unilateral right of a vital employee to resign without notice and to refuse to indemnify his or her employer for loss of clientele following the resignation. Factual Context In […]

Publications

November 12th, 2018

Commercialization of Legalized Cannabis: A Synopsis

Recreational cannabis hasn’t been legal for long, but a lot of ink has already been spilled about it. While the media have given extensive coverage to its potential health effects and to the impacts and ramifications of cannabis use for employers, little has been said regarding the commercialization and marketing of this new product and […]

Publications

November 12th, 2018

The Supreme Court Unanimously Overturns the Decision of the Federal Court of Appeal in Callidus Capital Corporation v. Canada

Where there is a bankruptcy, there is no personal liability of a secured creditor to the Crown for funds received prior to the bankruptcy from a realization of assets that were subject to the deemed trust under the Excise Tax Act (Canada) (“ETA”). Factual Background In this matter, the debtor Cheese Factory Road Holdings […]

Publications

November 9th, 2018

Cannabis: “Consumer” Protection

Cannabis is now a consumer product in Quebec already captured by a restrictive legislative framework, which includes the Consumer Protection Act1 (“CPA”). The CPA is a statute of public order that cannot be set aside and that applies to all contracts in Quebec between a consumer, a natural person acquiring products or services for a personal […]