Lessons in evidence, procedure and natural justice from the Financial Markets Administrative Tribunal

On June 4, 2021, the Financial Markets Administrative Tribunal (“FMAT”) rendered a judgment on the merits in Autorité des marchés financiers c. Hudson, 2021 QCTMF 33. The FMAT was asked to rule on a public offering to invest in an Iraqi dinar and railway bond operation without an approved prospectus and registration with the Autorité des marchés financiers (“AMF”). The […]

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Protection of personal information: Three-year phased implementation after Bill 64 receives assent

On September 21, the National Assembly of Quebec adopted the Act to modernize legislative provisions as regards the protection of personal information. The adoption of this Act puts an end to a lengthy legislative process which started on June 12, 2020 when Bill 64, An Act to modernize legislative provisions as regards the protection of personal information (“Bill […]

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APPELLATE COURT STAY LEADS TO SUSPENSION OF OSHA’S COVID-19 EMERGENCY TEMPORARY STANDARD

Earlier this month, OSHA adopted an Emergency Temporary Standard for COVID-19 Vaccination and Testing (the “ETS”) for large employers. Covered employers that do not comply with the requirements could be subject to OSHA penalties for “Serious” violations, which come with fines potentially in excess of $13,000 for the first violation, but also the connotation that […]

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Michael Kean Awarded IR Global Gold Member Status

At our recent Annual Conference in London (Oct 2021), we had the pleasure of awarding Michael gold member status as recognition for their ongoing commitment and hard work within the IR Global network. This is a prestigious honour bestowed by IR Global upon members who we consider have made a substantial contribution to the development […]

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GOTEM Law Firm joins IR as the exclusive Construction Law Member in France

IR Global, the world’s largest exclusive network of advisory firms is delighted to introduce Jens Bürkle of GOTEM. Jens has joined IR as our exclusive Construction Law Member in France. Attorney with more than 20 years of in-house and private practice experience with deep-rooted understanding of the needs of commercial clients. Specialized in the handling of […]

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Jens Bürkle

Managing Partner, GOTEM Law Firm

Injunction to stop Adjudication: Disputes Struck Out in Court

In the recent case of Marbank Construction Ltd v G & D Brickwork Contractors Ltd, [2021] EWHC 1985 (TCC), I was delighted to successfully act for the Respondent in defeating an application by Marbank for an injunction to prevent G&D from continuing with a series of adjudications against it. The Court again re-iterated its reluctance […]

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LOREN & KEAN LAW CLIENT PREVAILS IN CONSTRUCTION ARBITRATION

Loren & Kean Law and its client recently prevailed in a four-day construction arbitration. The case involved competing claims where the contractor asserted outstanding monies owed and delay claims, and the owner asserted construction defect claims. Working with its client and its experts, Kyle Ohlenschlaeger and Bruce Loren were able to present a clear case […]

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Amendments to article 2503 C.C.Q.: revolutionizing insurance in Quebec

Introduction The Quebec insurance industry has always been distinct from other Canadian provinces because Quebec insurers are legally required to take up the defence of their insureds and to cover the entire cost of their defence, even in excess of policy limits. These principles set out in arts. 2500 and 2503 of the Civil Code of […]

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Potential impacts of the proposed amendments to the Regulation respecting compensation for adverse effects on wetlands and bodies of water on real estate developers

The purpose of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact is to identify activities that are considered to be of moderate, low or negligible risk. Moderate risk activities that result in environmental impacts and require mitigation measures must be submitted for ministerial authorization. The Environment Quality Act contains specific provisions […]

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Regulatory framework for the reclamation of slightly contaminated soil

In August 2019, several amendments to the Land Protection and Rehabilitation Regulation (“LPRR”) and the Regulation respecting contaminated soil storage and contaminated soil transfer stations (“CSSTS”) came into force to guide and further promote the reclamation of slightly contaminated soil. Several of these new provisions were then repealed and integrated, on December 31, 2020, into the new Regulation respecting the […]

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Impacts of the new Pay Equity Act on the public service and federally regulated companies

On August 31, 2021, the Pay Equity Act, which applies to the federal public service and to federally regulated companies with ten (10) or more employees, will come into force. Adopted in December 2018, it has taken over two years for the regulatory framework necessary for its deployment to be put in place. As a result, […]

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