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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 […]

Publications

November 2nd, 2018

The Supreme Court Puts an End to the Judicial Saga Begun by Churchill Falls (Labrador) Corporation Limited

On November 2 the Supreme Court of Canada rendered a highly anticipated decision in the judicial saga involving Churchill Falls (Labrador) Corporation Limited (“CFLCo”) and Hydro-Québec1. The Court dismissed CFLCo’s appeal virtually unanimously for a lack of any legal basis, and in doing so refused to countenance any application of the theory of unforeseeability in […]

Publications

October 29th, 2018

Section 59.1 of the Professional Code: Stricter Sanctions and Management of Proceedings

On June 8, 2017 some significant amendments to the Professional Code1 (the “Code”) came into force. Among them were amendments to section 156 increasing the severity of penalties for offences of a sexual nature targeted by section 59.1 of the Code or similar provisions in the various codes of ethics of Quebec’s professional orders. The primary […]

Publications

October 29th, 2018

The New Mandatory Data Breach Reporting Regimes: Four Key Elements

On October 15, 2018 Statistics Canada published the results of a survey on cyber-security revealing that more than one in five Canadian businesses has been targeted by a cyber-attack, and that in 2017 they spent $14 billion to prevent and/or deal with the consequences of such security incidents1. As a general rule, businesses have no […]