Hold Your Horses: Personal Property Rights, Licences, Copyright and NFT’s

By Zach Nickels A recent filing in the U.S. District Court for the Southern District of New York provides yet another example of the importance of understanding the intersection of personal property rights, licences, copyright and non-fungible tokens (“NFTs”) and the distinctions between them. The Claim In TAMARINDART, LLC v. Raisa Husain and Owais Husain as […]

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See What Others Don’t: Solutions to Labour Shortage

A fundamental issue is keeping supply chains from operating at full capacity, causing companies to turn down orders and stalling economic growth. These consequences are the result of a phenomenon that is afflicting the business world: the talent shortage. Barriers to recruiting qualified workers are increasing and there is no sign that the situation will improve […]

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The roof is on fire! – The scope of the liability cap in Quebec construction law

Contractual Documents used for major construction projects typically contain limitation clauses1 (“Limitation Clauses”) that cap the value of potential claims by the project owner (“Owner”) against the professionals, contractor, design-builder, construction manager or, depending on the delivery method, the integrated project delivery team (collectively referred to hereinafter as the “Debtor”). Is the application of these clauses […]

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Workplace injuries in the age of remote work

A decision of the Administrative Labour Tribunal recognizing an employment injury that occurred in the course of remote work recently made headlines because of the particular nature of the circumstances that led to the worker’s injury.1 In this case, an Air Canada customer service agent was performing her work duties from home, i.e., working remotely. […]

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Confidentiality of documents and commercial interests in a class action: Criteria and proof on a balance of probabilities

On November 29, 2021, the Superior Court of Quebec handed down an interesting decision in Option Consommateurs c. Société des loteries du Québec (Loto-Québec)1 dealing with the preservation of confidentiality and the sealing of documents belonging to the defendant and a third party, the disclosure of which could harm their respective commercial interests. This decision is both a reminder […]

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Top 5 reasons to register your trademark

In Canada, trademark rights are acquired first and foremost through use. So what are the benefits of applying to register each of your trademarks? 1. A Canada-wide exclusive right The rights conferred by the use of a trademark are limited to those places where the owner can prove such use. However, registration of a trademark […]

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Occupational health and safety: preparing for the interim regime

The implementation of changes and developments in occupational health and safety, which began with the coming into force of the Act to modernize the occupational health and safety regime1 (the “Act”) on October 6, 2021, will be carried out in phases over the next few years. It will be finalized no later than October 6, 2025. During […]

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Disclosure of a witness’s contact information to the opposing party: a reminder of the applicable principles

On August 16, 2021, the Court of Quebec (“Court”) rendered a judgment in Unifirst Canada Ltd. c. 9766065 Canada inc., 2021 QCCQ 7946. In the context of a case management hearing, the plaintiff asked the Court that the defendant be ordered to share the contact information of a witness whom the defendant intended to call at trial. The […]

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Marshall Fields takes a majority stake in CannTrust

Marshall Fields International BV, an Amsterdam-based holding company, and a group of individual investors recently completed the acquisition of 90 per cent of CannTrust Equity, a new subsidiary of CannTrust Holdings, and holder of the company’s cannabis licences through its operating division, CannTrust Inc. The 10 per cent of the outstanding common shares will be […]

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