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Ruling may broaden Ottawa’s reach over patents

by Luis Millán

“The judgment sets an important precedent about the scope of the federal Parliament’s powers to legislate regarding patents, and potentially by analogy how the federal government can exercise its powers over other forms of intellectual property,” noted a Montreal lawyer.

February 11, 2021
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News

Latest

February 9, 2021

Quebec Court of Appeal expresses frustration over systemic delays in securing trial...

The Quebec Court of Appeal, exasperated by provincial government inaction, delivered a rare but stinging rebuke over recurring systemic...

by Luis Millán
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February 4, 2021

News at a glance

Quebec legal news at a glance, updated daily.

by Luis Millán
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January 27, 2021

Legal questions surface around Quebec’s curfew

A province-wide four-week curfew instituted by the Quebec government to stem COVID-19 infection rates and to serve as an...

by Luis Millán
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January 25, 2021

Committee recommends overhaul of Quebec’s youth protection system

A Quebec commission of inquiry is calling for a sweeping overhaul of the provincial youth protection system, including legislative...

by Luis Millán
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Quebec

February 1, 2021

Constitutional challenge over legal aid fees rebuffed by court

A Montreal criminal lawyer behind a constitutional challenge of Quebec’s legal aid disbursements’ system and a motion to revamp...

by Luis Millán
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January 25, 2021

Is mandatory COVID-19 vaccination an option for employers in Quebec?

Is mandatory COVID-19 vaccination an option for employers in Quebec?

by Marianne Plamondon and Philippe Bélisle
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January 19, 2021

Quebec introduces major reform to crime victims legislation

The Quebec government introduced a bill that will revamp its crime victims legislation to expand the number of people...

by Luis Millán
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January 5, 2021

Quebec appeal court ruling opens the door for former common-law spouses to claim...

A wealthy businessman was ordered to pay $2.4 million to his former common law-former partner as he left the...

by Luis Millán
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December 29, 2020

Quebec appeal court orders federal AG & RCMP to pay $400,000 in damages to...

The Attorney General of Canada and two RCMP officers were ordered by the Quebec Court of Appeal to pay...

by Luis Millán
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November 25, 2020

Bill paves the way for Quebec law students to provide legal advice and consultations

The heads of Quebec’s law schools welcomed a new bill that would allow law students working at university legal...

by Luis Millán
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November 12, 2020

Quebec court applies Jordan ceilings to white collar crime

A Quebec man accused of tax evasion by provincial tax authorities won an “important” legal battle after the Court...

by Luis Millán
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October 26, 2020

Legal aid agreement reached with Quebec government

After three years of negotiations, the Quebec government and the provincial bar association reached an agreement to raise legal...

by Luis Millán
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COVID-19

November 19, 2020

Little awareness by judges over heightened risks of domestic...

October 19, 2020

Investors keeping close tabs on Covid public interest...

September 28, 2020

Unintended consequences of virtual hearings

August 19, 2020

Commercial landlord not entitled to rent due to force...

June 23, 2020

Post-COVID-19: Directors face a new set of risks in the 21st...

June 11, 2020

Academics studying effects of Covid-19 pandemic on law

Rulings

December 29, 2020

Quebec appeal court orders federal AG & RCMP to pay $400,000 in damages to...

The Attorney General of Canada and two RCMP officers were ordered by the Quebec Court of Appeal to pay...

by Luis Millán
comments 0
November 19, 2020

Little awareness by judges over heightened risks of domestic violence during pandemic...

Canadian judges have demonstrated very little awareness over the heightened risks of domestic violence during the COVID-19 pandemic, a...

by Luis Millán
comments 0
November 12, 2020

Quebec court applies Jordan ceilings to white collar crime

A Quebec man accused of tax evasion by provincial tax authorities won an “important” legal battle after the Court...

by Luis Millán
comments 0
October 22, 2020

Real estate transactions: exclusive use servitudes deemed invalid

Exclusive use clauses remain common in leases, but they can no longer be drafted in the form of servitude...

by Jessica Syms
comments 0
October 16, 2020

Software company wins legal battle against publisher

A Montreal software company that was ordered to pay $125,000 in damages to a Quebec publisher for illicit and...

by Luis Millán
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October 2, 2020

Federal Court rejects Canadian Patent Office’s approach to computer-implemented...

The Federal Court has forcefully struck down the approach used by the Canadian Intellectual Property Office (CIPO) to patent...

by Luis Millán
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September 21, 2020

Gladue may apply to homeless people rules Quebec Court of Appeal

“The Quebec Court of Appeal in effect states that the principles behind Gladue and Ipeelee apply to groups other...

by Luis Millán
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September 16, 2020

Federal Court of Appeal rejects Justice Michel Girouard’s appeal over Canadian...

"It may seem paradoxical to conclude that there was no drug transaction (at least on the balance of probabilities),...

by Luis Millán
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Spotlight

Legal aid agreement reached with Quebec governmentAfter three years of negotiations, the Quebec government and the provincial bar association reached...October 26, 2020

Unintended consequences of virtual hearingsMonths after the Covid-19 pandemic forced the near shutdown of courts across Canada and...September 28, 2020

Quebec accelerating legal modernization driveQuebec is joining the ranks of growing Canadian jurisdictions following the recent implementation of...July 13, 2020

Business

October 22, 2020

Real estate transactions: exclusive use servitudes deemed invalid

Exclusive use clauses remain common in leases, but they can no longer be drafted in the form of servitude...

by Jessica Syms
comments 0
October 19, 2020

Investors keeping close tabs on Covid public interest measures

Investors hard hit by the public interest interventions may be looking to recoup their losses by turning to investor-state...

by Luis Millán
comments 0
July 14, 2020

Fundamental representations and warranties are key in M&As

Fundamental representations and warranties are key elements that must be considered in a business purchase and sale agreement.

by Jean-Simon Deschênes, Miriam Robitaille and Olivier Scheffer
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June 24, 2020

Ethical awareness and leadership are essential elements in the post-crisis period

Legal compliance, in and of itself, is not enough to ensure that all decisions taken by corporate directors are...

by Christiane Brizard, Danielle Ferron and Guillaume François Larouche
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Second look

Workplace investigations: Elephant in the room

Nearly every general counsel too will sooner or later face the need to conduct...September 2, 2019

Ex-wife of wealthy businessman author of her own misfortune

In the end she was done in by spite, and greed.

She is the ex-wife...August 9, 2017

Artificial intelligence: Law firms are a hard sellThe practice of law however has been largely shielded by technological developments over the...May 1, 2017

Notices

  • Four judicial postings are open. Deadline is February 26th. Here's where you can apply.
  • The Sedona Conference Working Group 7 (Sedona Canada) published the French-language translation of the Sedona Canada Principles Addressing Electronic Discovery. It can be downloaded here.
  • Quebec Court of Appeal's Guide to Legal Citation -- The guide provides standardized writing and reference rules when writing pleadings, briefs or memoranda they submit to the Court. It's in French only but it does have a useful bilingual lexicon. It can be downloaded here.
  • Handbook for lawyers on business and human rights -- The International Bar Association published a Handbook for Lawyers on Business and Human Rights to provide guidance for business lawyers and their corporate clients on how to address human rights risks in corporate and commercial transactions. It can be read here.
  • Handbook for young lawyers --The Barreau du Quebec published a handbook for newly sworn in Lawyers. It can be downloaded here.

Upwards to the Moon

https://lawinquebec.com/wp-content/uploads/2020/11/Chinese-musical-instrument-to-heal-the-soul.mp4

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