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Publications

July 24th, 2018

Beyond the Duties of Care and Loyalty ... the Civil Liability of Directors

In our first article on governance, entitled “Duties and Obligations of Directors: a Brief Overview”1, we summarized the main concepts underlying the duties and obligations typically associated with directors, i.e.: the duty of prudence and diligence (the “duty of care”) and the duty of loyalty – duties that are often associated to fiduciary duties at […]

Publications

July 23rd, 2018

Coming to Canada: Do Your Foreign Workers and Students Have to Provide Biometrics?

The start of the school year is approaching, and your institution may be planning to welcome foreign students, or perhaps you have a business project that entails hiring foreign temporary workers. In either case, you should know that the Government of Canada is expanding the requirement for foreign nationals to provide biometrics (fingerprints and a […]

Publications

July 20th, 2018

The Common Interest Privilege: an Unsung Ally

This article is a modified version of an article published in French by Éditions Yvon Blais in May 2018 (EYB2018REP2471). Introduction The common interest privilege can be a useful ally in litigation proceedings or a complex commercial transaction. As its name indicates, it is intended to protect the confidentiality of information exchanged between parties who […]

Publications

July 20th, 2018

Authorization to Institute a Class Action: What Flexibility Is There for the Criteria Under Article 575 C.C.P.?

This article – co-authored with articling student Guillaume Letendre – is a modified version of a case comment initially published by Éditions Yvon Blais in July 2018 (EYB2018REP2507). In Quebec, the burden of proof that must be met in order to obtain authorization to institute a class action is recognized as being not very onerous, […]

Publications

July 17th, 2018

Construction Holiday: Can You Make a Claim?

In what circumstances is a general contractor justified in claiming a price adjustment or extra time for completing the work, in connection with Quebec’s mandatory construction holiday? The contractor can ask for an extension of the completion deadline if it can show that but for an event beyond its control and for which it is […]

Publications

July 16th, 2018

The GDPR: 5 Myths Dispelled

Since its adoption in April 2016, the European Union’s (“EU”) General Data Protection Regulation (“GDPR”) has been a hot topic, particularly because of its broad scope and the heavy fines for contravening it. Nearly two months after coming into force, and despite the numerous articles written about it, the GDPR is unfortunately still poorly understood […]