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Publications

November 3rd, 2017

OSC Decision in Token Funder Inc. Initial Coin Offering: Is Canada Finally Becoming an ICO-Friendly Jurisdiction?

On August 24, 2017, the Canadian Securities Administrators (“CSA”) issued CSA Staff Notice 46-307 (“Staff Notice”) regarding its views with respect to cryptocurrency offerings. The Staff Notice indicated that tokens issued in the context of initial coin offerings could be considered “in many cases” as securities and that as such, securities law could apply to […]

Publications

October 31st, 2017

Class Actions Are (Not) Getting Some Appeal in Quebec

On January 1, 2016, the enactment of a new Code of Civil Procedure1 (“CCP”) brought interesting changes to class proceedings in Quebec. Probably the most significant development of this reform is the reinstitution for defendants of the right to appeal from a judgment authorizing a class action. Indeed, for years Quebec was infamously known for its […]

Publications

October 26th, 2017

Harassment Complaints: Top 5 Pieces of Advice for Employers

The recent public denunciations of sexual harassment in the entertainment industry in both Quebec and the United States triggered a visceral reaction. Actress Alyssa Milano’s call-out to use the hashtag #MeToo on social media to report instances of sexual harassment has gained incredible traction. Literally millions of people have come forward to shatter what was […]

Publications

October 16th, 2017

Education Law: a Reminder That Courts Must Treat the Decisions of a School Board’s Council of Commissioners with Deference

The Quebec Superior Court recently reminded us that a decision made by a council of commissioners of a school board must be treated with deference by the courts. 1) The facts In the matter of A.B. v. Commission scolaire de la Pointe-de-l’Île1 the applicants, who were representing their minor child, petitioned the Court to review a decision […]

Publications

September 28th, 2017

Words Fade Away, but Recordings Remain: the Admissibility into Evidence of Audio and Video Recordings

1. Introduction The extraordinary advances in technology over the last decade have made it increasingly difficult to determine where the right to privacy begins and ends. Through the lens of a cellular phone, the watchful eye of a surveillance camera or the inquisitive ear of a hidden microphone, this fundamental right appears to be increasingly […]

Publications

September 25th, 2017

Execution of Out-of-Quebec Judgments: No Smokescreen Allowed

Summary In Povylius-Simpson v. Povylius, 2017 QCCS 2996 (appeal pending) the defendant had misappropriated the property of his incapacitated mother in Ontario. The mother’s heirs sought judicial redress and recovered the mother’s property, but needed to enforce the judgment in Quebec in order to recover a cottage located in that province. An action for recognition […]