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A $644 million lesson

August 2017

A record-breaking amount of $644 million, awarded on June 7th by the Federal Court of Canada to Dow Chemical against Nova Chemicals for patent infringement, is a vivid reminder of the importance of obtaining intellectual property protection and of conducting appropriate “right to manufacture” searches before any marketing activity.

 

Investment Funds in Québec

May 2017

In Canada, each of the provinces have jurisdiction over their securities issues. Section 11 of the Securities Act (Québec) (“QSA”) stipulates that the distribution of securities to residents of Québec requires a  prospectus subject to a receipt issued by the Autorité des marchés financiers (“AMF”), unless a prospectus exemption is available under National Instrument 45-106 – Prospectus Exemptions (“NI-45-106”).

 

Common Sense Applied to Property Insurance Clauses in a Lease

April 2017

Aside from its general business provisions (such as the rent, term, options to renew and so on) and other clauses governing and restricting the tenant’s right to use and occupy the premises, for the most part, the remainder of a commercial real estate lease is nothing more than an orderly allocation of obligations, liability and risk between the landlord and the tenant. 

China Ponzi Scheme

September 2016

Do you remember the old saying, “If it seems too good to be true, then it isn’t”?

If you did, then you are ahead of the approximately 900,000 mainland Chinese who fell victim to a recent Ponzi scheme which plagued China.

Quebec Voluntary Reimbursement Program

August 2016

We are pleased to provide you with an overview of the Voluntary Reimbursement Program (the "Program") which is aimed at facilitating the recovery of amounts improperly paid by public bodies in connection with public contracts.

The CEO Fraud: A Call for Vigilance

March 2016

Companies are increasingly victims of sophisticated scams totalling billions of dollars. Even though the security protocols established by your IT department are reputed inviolable and strong passwords on your computer and credit cards are changed regularly, you are not fully protected.

Canada's new anti-spam legislation: Are you prepared?

June 2014

As many of us head off on summer vacation, Canada’s new Anti-spam Legislation (CASL) comes into force on July 1st, 2014. This law will affect all individuals, companies or organizations that send commercial electronic messages (CEMs), develop or install computer programs, or re-route the destination of a message, contrary to the one specified by the sender.

Registration of trusts operating a commercial enterprise

June 2014

Since February 14, 2011, trusts are not authorized to register with the Registraire des entreprises du Québec. However, section 21(8) of the Act respecting the legal publicity of enterprises, that will take effect on July 1, 2014, makes registration compulsory for "trusts operating a commercial enterprise in Québec, other than a trust administered by a registered registrant". In addition, trusts operating a commercial enterprise administered by a trustee not registered will be required to register within 60 days of the date after which they became subject to the Act.