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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 […]

Publications

June 1st, 2018

Interruption of Prescription When Enforcing Hypothecary Security

On May 17, 2018 the Quebec Court of Appeal rendered an important decision on the enforcement of real security and on prescription (limitation of actions). In its decision in Young v. Banque Toronto Dominion, the Court of Appeal overturned a Superior Court decision that allowed an action for the forced surrender of property and taking […]

Publications

May 31st, 2018

Data Center: Characterization of Equipment Under the Municipal Taxation Act – Proceed with Caution

On October 9, 2013, the Administrative Tribunal of Québec (Immovable Property Section) (the “Tribunal”) rendered a decision concerning the inclusion on the property assessment role of the City of Montreal (the “City”) of certain equipment used in the operation of a data center, specifically the computer servers housed in the building where the center operates. […]