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Publications

June 22nd, 2018

The Federal Cannabis Bill Has Been Adopted – Next Step: Implementation

Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, was officially adopted by the Senate on June 19, 2018, by a vote of 52 to 29, with two abstentions. The Senate had proposed several amendments to the bill, which the House of Commons […]

Publications

June 18th, 2018

Is the Civil-Law Right to Examine the Declarant of a Sworn Statement Transposable to Disciplinary Law?

The facts The facts of this case are fairly straightforward. A disciplinary complaint alleging 18 separate offences (the “Complaint”) was filed by Mtre Annick Normandin, the assistant syndic of the Chambre des notaires (the “Complainant”) against a notary, Mtre De Barros (the “Respondent”), accompanied by Mtre Normandin’s sworn statement, as required by section 127 of […]

Publications

June 18th, 2018

Drafting a Mediation Clause: Important Factors to Consider

Introduction Mediation is now a well established legal practice1. The ambit of the mediation process is no longer confined to traditional contexts2, and its usefulness in civil and commercial matters is widely acknowledged. Whether the parties’ intention to take part in mediation is rooted in monetary considerations, a desire for procedural flexibility or confidentiality concerns, […]

Publications

June 15th, 2018

The SCC Raises the Threshold for Mandatory Interlocutory Injunctions; Québec Courts Follow Suit

Mandatory interlocutory injunctions are orders that force a party to take positive action prior to trial. When granted, they can drastically alter the course of ongoing litigation. Yet, until recently, Canadian courts could not reach a consensus as to the applicable test for granting such remedies. While courts in some provinces required that applicants demonstrate […]

Publications

June 12th, 2018

The Supreme Court Rules: Certain Provisions of the Pay Equity Act Are Unconstitutional

On May 10, 2018 Canada’s highest court rendered the following two decisions: Quebec (Attorney General) v. Alliance du personnel professionnel et technique de la santé et des services sociaux, 2018 SCC 17 (hereinafter, “APPTSSS”) and Centrale des syndicats du Québec v. Quebec (Attorney General), 2018 SCC 18 (hereinafter, “CSQ”)1. In each of these matters, the […]

Publications

June 11th, 2018

The Debate on the Adoption of Bill C-45 Continues: Next Stop – Back to the House of Commons

Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, was approved by the Senate on June 7, 2018 by a vote of 56 to 30, with one abstention. It’s adoption was accompanied by some 40 amendments, most of which are minor. While the […]