TEMPORARY ENTRY INTO THE CANADIAN LABOUR MARKET – IMMIGRATION LAW SERIES – NEW BOOK RELEASED

It is exciting to announce that our book “Temporary Entry into the Canadian Labour Market” is now available to readers who are seeking to learn all about the various categories and requirements pertaining to a foreign national’s temporary entry into the Canadian labour market. Writing this book alongside Stephen Green, Cristina Guida and Peter Salerno […]

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UPDATES TO CANADA’S TRAVEL REQUIREMENTS

As Canada’s first dose vaccination rate continues to climb above 70 percent, on July 19, 2021, Canada announced long-awaited changes to the border closure between Canada and the United States, which have been in effect from March, 2020. Today’s announcement, which followed a series of changes to the quarantine and testing requirements for fully vaccinated […]

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What advice would you give your clients about brand protection in your jurisdiction? Is it easy to trademark a cannabis brand?

Canada is in a different position than the majority of countries in the world – cannabis has been approved for medicinal use for 20 years. Legalisation of recreational cannabis happened in October 2018 and since then the IP considerations have played a central role in the industry’s business strategy. In particular, patents and trademarksacquisition has […]

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What’s the biggest challenge advisors face when trying to understand risk in this space?

I echo what Tim says. There is uncertainty despite the fact that we’re pretty far along the chain of what’s happening. The uncertainty for Canadian client comes from the lack of integration between the legislative instruments and caselaw development that is still in its infancy. Ultimately, we are able to provide an interpretation of what […]

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What will be the biggest challenge clients face? What have advisors done in different jurisdictions to protect clients?

I love sessions like this because you get to learn so much more about different jurisdictions. It’s all very fascinating. I want to come at this second question from a different angle. It’s very interesting to see how many Americans, in particular, are coming to Canada to invest in these products in anticipation of US […]

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What You Should Know About the COVID-19 IP Waiver and Compulsory Licences in Canada

On May 5, 2021, the United States Trade Representative Katherine Tai announced that the Biden-Harris Administration will support the waiving of intellectual property protection for COVID-19 vaccines. This came in response to India’s and South Africa’s proposal to the Council for Trade-Related Aspects of Intellectual Property Rights of the World Trade Organization (“WTO”) that a […]

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The challenges of remote work after the pandemic

This article first appeared in French in the June 2021 issue of the Journal des Parcs industriels of the Corporation des parcs industriels du Québec. At the current vaccination rate, the imminent lifting of restrictions, including those requiring remote work, is a real possibility. Several legitimate questions will then arise for employers. Here are some legal and […]

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CUSMA: A wind of change in copyright

Following the official signing of the Canada-United States-Mexico Agreement (CUSMA) during the G20 Leaders’ Summit in Buenos Aires in November 2018, the new agreement came into force on July 1, 2020. The CUSMA now replaces the North American Free Trade Agreement, which had been in place since 1994. At the time, NAFTA created the largest free-trade region […]

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The Evolution of the Cannabis Industry:

An Intellectual Property Perspective

June 2021

Coming of Age: Why legislation is finally catching up with cannabis While the world has been dominated by the Covid-19 pandemic during the past 18 months, one business sector that […]

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The impact of COVID-19 on notice periods awarded by civil courts

Since the beginning of the health crisis in March 2020, workplaces have undergone many changes in response to the spread of the COVID-19 virus. Government restrictions and the pausing of Quebec society have forced many companies to reassess and adjust their needs in order to cope with this new reality. In these circumstances, many companies […]

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Does settlement privilege apply when settling a dispute with a public body?

Until very recently, the answer to this question would have had to be no. A trend in the case law of the Commission d’accès à l’information (“CAI”) suggested that settlement privilege did not offer any protection when an access to information request was made of a public body. In these decisions, the CAI refused to apply settlement […]

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Peace, order, good government and…climate change: the Supreme Court articulates the constitutional doctrine of the national concern

In 2018, in accordance with its international commitments, including the Paris Agreement, Parliament passed the Greenhouse Gas Pollution Pricing Act (the “GGPPA”). This legislative scheme has two components: (1) the creation of a fuel charge payable by certain producers, distributors and importers of various types of carbon-based fuels, and (2) the establishment of an output-based pricing system (“OBPS”) […]

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