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Firm: Lavery Lawyers

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Bill 78 and the Notion of Ultimate Beneficiary
Lavery Lawyers, July 2021

Bill 78 was introduced in December 2020 by Minister Jean Boulet and given assent on June 8, 2021. It amends the Act respecting the legal publicity of enterprises (the “Act”) and its regulation, the Regulation respecting the application of the Act respecting the legal publicity of enterprises (the “Regulation”)...

Further Streamlining of Canadian Patent Examination on the Horizon
Lavery Lawyers, July 2021

Canadian Patent Practice has undergone several changes in recent years, in many cases to fulfill the requirements of various international treaties / agreements, including those of the Patent Law Treaty (PLT) and the Comprehensive Economic and Trade Agreement (CETA)...

Insurer’s Duty to Defend: The Court Rules in a Case of Contractual Breach
Lavery Lawyers, July 2021

The question of insurers’ duty to defend is back in the spotlight. On March 18, 2021, the Superior Court once again considered the issue in its application of the law to facts relevant to the dispute.1 Facts In April 2016, Cégerco Inc. (“Cégerco”), a general contractor, retained the services of Construction Placo Inc...

Steps to a Successful Venture Capital Financing Round
Lavery Lawyers, July 2021

An entrepreneur who invests time and energy raising the funds necessary to launch a startup, usually from family and friends (love money), will necessarily want their startup to grow exponentially. Achieving exponential growth requires always more capital, and so the entrepreneur will need to find additional sources of financing. One of these could be venture capital financing...

Start-Ups and Intellectual Property (IP): Costly Missteps to Avoid
Lavery Lawyers, July 2021

In the second entry of this three-part article series, we share with you the next set of intellectual property (IP) –related mistakes (mistakes # 6 to # 9) that we regularly see with startups. We hope you will find it useful for your business. Please be sure to read our first entry in this series, where we go over mistakes # 1 to # 5...

Crypto Asset Works of Art and Non-Fungible Token (NFT) Investments: Be Careful!
Lavery Lawyers, June 2021

On March 11, 2021, Christie’s auction house made a landmark sale by auctioning off an entirely digital artwork by the artist Beeple, a $69 million transaction in Ether, a cryptocurrency.1 In doing so, the famous auction house put non-fungible tokens (“NFT”), the product of a decentralized blockchain, in the spotlight...

Adoption of Bill 82: The Insurer’s Duty to Defend can Now be Adjusted
Lavery Lawyers, June 2021

On Thursday, May 27, 2021, article 2503 of the Civil Code of Québec was amended as part of the adoption of Bill 82, titled An Act respecting mainly the implementation of certain provisions of the budget speech of 10 March 2020, which we had discussedin a publication last December...

Five Good Reasons to List your Company on the Stock Exchange and Opt for Equity Financing
Lavery Lawyers, June 2021

In 2020, the pandemic disrupted the Quebec economy and the trend continued in 2021. After a difficult year for local businesses, there is an opportunity for business owners to rethink their business model as they develop their recovery plan. In this context, an initial public offering and equity financing might be a good idea...

The Superior Court of Québec Rules on de facto Spouses and the Right to use a Residence During Legal Proceedings
Lavery Lawyers, May 2021

In a judgment handed down on February 16, 2021, in a case involving former de facto spouses, the Superior Court dismissed an interlocutory injunction filed by the plaintiff seeking the eviction of the defendant from what had been their common residence. After having lived together in a de facto union for 32 years, the parties separated. The plaintiff, sole owner of the family residence, left the residence while the defendant continued to live there...

Entrepreneurs and Intellectual Property: Avoid These Thirteen Mistakes to Protect Yourself (Part 1 of 3)
Lavery Lawyers, April 2021

In this three-part article series, we will share with you the intellectual property (IP)–related mistakes that we regularly see with startups. We hope you will find it useful for your business...

Reimbursement Clause for Extrajudicial Fees by a Surety: Valid or Invalid?
Lavery Lawyers, April 2021

On April 6, 2021, the Court of Appeal, per Justice Mark Schrager, rendered an interesting decision in Bank of Nova Scotia c. Davidovit (2021 QCCA 551). The Bank of Nova Scotia (the “Bank”) had granted a commercial loan to a company, of which Aaron Davidovit (“Davidovit” or the “Surety”) was the principal, for the operation of a gym...

Loss of Personal Information: The Superior Court Dismisses a Class Action
Lavery Lawyers, April 2021

On March 26, 2021, the Superior Court rendered a decision dismissing a class action against the Investment Industry Regulatory Organization of Canada (“IIROC”) on the loss of personal information of thousands of Canadian investors.1 The lack of evidence of compensable injury and IIROC’s diligent behaviour are the main reasons for the dismissal of the class action. The Facts On February 22, 2013, an inspector working for IIROC forgot his laptop computer in a public place...

Pre-ruling Consultation with the Canada Revenue Agency (CRA): A Little-Known Yet Practical Service
Lavery Lawyers, March 2021

Canada’s tax system is very complex and tends to become more complex over time. Amendments to tax laws in recent years have not simplified our tax system, quite the contrary. The introduction of various intention tests in tax laws has also further increased tax authorities’ discretion as to the application of such laws...

Pre-Ruling Consultation with the Canada Revenue Agency (CRA): A Little-Known Yet Practical Service
Lavery Lawyers, March 2021

Canada's tax system is very complex and tends to become more complex over time. Amendments to tax laws in recent years have not simplified our tax system, quite the contrary. The introduction of various intention tests in tax laws has also further increased tax authorities' discretion as to the application of such laws. In this context, it is often a good idea to obtain the Canada Revenue Agency's (“ CRA ”) advice on the application of tax laws to proposed transactions...

Pre-Ruling Consultation with the Canada Revenue Agency (CRA): A Little-Known yet Practical Service
Lavery Lawyers, March 2021

Canada’s tax system is very complex and tends to become more complex over time. Amendments to tax laws in recent years have not simplified our tax system, quite the contrary. The introduction of various intention tests in tax laws has also further increased tax authorities’ discretion as to the application of such laws...

Studios and Designers: How to Protect the Intellectual Property of your Video Games?
Lavery Lawyers, March 2021

Behind every video game, there is intellectual property (IP) which is worth protecting to optimize monetisation of the game. As discussed in Studios and designers: Are you sure that you own the intellectual property rights to your video games, the first step for studios and designers is to make sure that they own all IP rights on the video game...

COVID-19: Planning for Capital Gains, Inheritance, Gift and Wealth Taxes
Lavery Lawyers, March 2021

The deficits being generated by the emergency measures that the federal and provincial governments have implemented since March 2020 are a reminder of the magnitude of our governments' pre-crisis deficits. This situation will inevitably lead to a greater tax burden for businesses and individuals at some point...

Product Advertising in the Time of COVID-19: Health Canada and the Competition Bureau are on the Lookout for Misleading Claims
Lavery Lawyers, March 2021

It’s been more than a year since the COVID-19 pandemic began, and many companies are attempting to market products intended to help consumers deal with the risks associated with COVID-19. Some of the most common examples of such products include face masks, testing devices, hand sanitizers, and hard-surface disinfectants...

COVID-19 Products: Health Canada and Competition Bureau Watch Out for Misleading Claims
Lavery Lawyers, February 2021

It’s been more than a year since the COVID-19 pandemic began, and many companies are attempting to market products intended to help consumers deal with the risks associated with COVID-19. Some of the most common examples of such products include face masks, testing devices, hand sanitizers, and hard-surface disinfectants...

Payment to Non-Residents of Canada: How Can the Multilateral Instrument (MLI) be Applied?
Lavery Lawyers, February 2021

The internationalization of trade has led to an increase in payments made by Canadian companies to non-residents of Canada, which are most of the time subject to Canadian withholding taxes. Canadian payers must ensure that they withhold the correct percentage of Canadian tax on such payments, as they are liable to the tax authorities for any failures on their part in this regard...

The Doctrine of File Wrapper Estoppel in Canada: The Court of Appeal Hands Down its Decision
Lavery Lawyers, February 2021

In December 2018, section 53.1 was added to the Patent Act (the? Act?) Allowing reference to be made to communications exchanged with the Canadian Intellectual Property Office ("CIPO") During the prosecution of an application with respect? [... ] to the construction of a claim.? This concept is more commonly known as? File wrapper estoppel...

Artificial Intelligence Soon to be Regulated in Canada?
Lavery Lawyers, January 2021

For the time being, there are no specific laws governing the use of artificial intelligence in Canada. Certainly, the laws on the use of personal information and those that prohibit discrimination still apply, no matter if the technologies involved are so-called artificial intelligence technologies or conventional ones...

Studios and Designers: Are you Sure that you Own the Intellectual Property Rights to your Video Games?
Lavery Lawyers, January 2021

The year 2020 will have been difficult for the vast majority of industries, and in particular for the arts, entertainment and recreation industry. The video game industry, however, is growing in leaps and bounds. For example, Nintendo and PlayStation have each set record sales for their games released in 2020, including Animal Crossing:New Horizons and The Last of UsPart II. Over the past few decades, the number of video game players has never stopped increasing...

Work, Lockdown and Curfew: Answers to Your Questions
Lavery Lawyers, January 2021

In order to reduce community transmission and preserve everyone's safety and that of our healthcare system, the government requires everyone to make extra efforts, both in their private lives and at work. The closure of retail businesses, save for some exceptions, is maintained, the lockdown to prevent gatherings continues and a curfew was added on January 9, 2021, to remain in effect until the currently announced date of February 8, 2021 1 ...

The Tax System to the Rescue of Print Media
Lavery Lawyers, January 2021

Canadian newspapers' loss of advertising revenues to the hands of internet giants over the past several years has jeopardized the very existence of many such newspapers. In 2018, our governments announced several advantageous tax measures in order to ensure the survival of independent print media...

 

 

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