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Articles by Justine Brien
Bill 72: New Contractual Requirements And Credit Provisions
On September 12, 2024, the Quebec Minister of Justice introduced Bill 72, An Act to protect consumers against abusive commercial practices and to offer better transparency with respect to prices and credit, which amends the Consumer Protection Act (CPA) with an aim to further protect consumers and provide them with clearer information. Bill 72 made headlines primarily for its new requirements regarding tipping and the prices posted in grocery stores.
Consumer Protection: Draft Regulations Regarding New Monetary Administrative Penalties (And More New Penal Fines)
An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods (the "Act") was passed on October 5, 2023. It brings significant changes to the Consumer Protection Act (CPA) and adds new requirements for the quality, durability, and repairability of goods. The Act introduces a range of provisions, including new monetary administrative penalties that take effect on January 5, 2025.
Equity, instalment sale contract and questions of law at the authorization stage
On April 19, 2023, in Banque de Montréal c. Chevrette, the Court of Appeal rendered a noteworthy decision on the scope of section 148 of the Consumer Protection Act (“CPA”)1 and the pricing of goods under instalment sale contract.
Valeur du capital, vente à tempérament (et la question de droit au stade de l’autorisation d’une action collective)
Le 19 avril 2023, dans l’affaire Banque de Montréal c.
An Act To Protect Consumers From Planned Obsolescence And To Promote The Durability, Repairability And Maintenance Of Goods
Assent and gradual entry into force of new obligations regarding the quality, durability and repairability of goods and amendments to the Consumer Protection Act Manufacturers and merchants, get ready...
Bill 29: New Obligations To Consumers Regarding The Quality, Durability And Repairability Of Goods And Amendments To The Consumer Protection Act. Manufacturers And Merchants, Get Ready… - Dodd-Frank, Consumer Protection Act - Canada
On June 1, 2023, the Quebec Minister of Justice introduced Bill 29, An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods (the "Bill"), amending the Consumer Protection Act,1 in the National Assembly with the stated aim of strengthening the legal warranty of quality and ensuring the repairability of commonly used goods.
Projet de loi no 29 : nouvelles obligations envers les consommateurs quant à la qualité, durabilité et réparabilité des biens et modifications à la Loi sur la protection du consommateur. Fabricants et commerçants, préparez-vous…
Le 1er juin 2023, le ministre de la Justice du Québec a présenté à l’Assemblée nationale le projet de loi no 29, Loi protégeant les consommateurs contre l’obsolescence programmée et favorisant la durabilité, la réparabilité et l’entretien des biens (le « projet de loi »), apportant des modifications à la Loi sur la protection du consommateur1, avec l’objectif déclaré de bonifier la garantie légale de qualité et d’assurer la réparabilité des biens couramment utilisés.
The Analytical Framework Specific To Seizure Before Judgment: Distinction With The Debate On The Merits Of The Case
On December 15, 2021, in Mercedes-Benz Financial Services Canada Corporation v. Seweha,1 the Quebec Court of Appeal reiterated that in matters of seizure before judgment, the analysis of the sufficiency of the allegations must be based on the allegations contained in the affidavit submitted in support of the seizure, and not on the allegations contained in the statement of claim. The facts In May 2021, the customer (the defendant in this case) went to a dealership to purchase a vehicle.
Reform To The Charter Of The French Language: An Overview Of The Main Amendments
With thanks to lawyers Félix Bernard, Yann Canneva, Catherine Cayer, Simon Chénard, Tina Hobday and Guillaume François Larouche and law student Meena Mrakade. On May 24, 2022, the Quebec government adopted the Act respecting French, the official and common language of Québec (the "Act"). The Act received Royal Assent on June 1st, 2022 and can now be found in Chapter 14 of the 2022 Annual Volume of the Statutes of Quebec (SQ 2022, c. 14).
The analytical framework specific to seizures before judgment - The Lawyer's Daily
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Privacy Rights At The Frontier Of The Burden Of Proof Of Injury
To print this article, all you need is to be registered or login on Mondaq.com. Background On March 26, 2021, the Superior Court ruled on Lamoureux c. Investment Industry Regulatory Organization of Canada (IIROC), 2021 QCCS 1093,1 a landmark loss of personal information decision in which the Court dismissed the class action brought by plaintiff Danny Lamoureux. This decision is the first judgment in Canada on the merits of a class action concerning a loss of personal information.
Réforme De La Charte De La Langue Française : Survol Des Principales Modifications
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New Ban On Reimbursements Affecting Patient Support Programs - Food, Drugs, Healthcare, Life Sciences - Canada
To print this article, all you need is to be registered or login on Mondaq.com. As of April 15, 2021, manufacturers, wholesalers and other intermediaries in the drug supply chain are subject to a new prohibition as a result of the enactment of the Regulation respecting exceptions to the prohibition against paying or reimbursing the price of a medication or supply covered by the basic prescription drug insurance plan1 (the "Regulation").
Digital Charter Implementation Act, 2020 (Bill C-11) – Overview Of Changes To The Applicable Regime - Privacy - Canada
To print this article, all you need is to be registered or login on Mondaq.com. In recent years, technological advances have led to a sudden digitization of daily life and, consequently, of personal information. More than ever, data, including personal information, has become a commodity used to predict individuals' behaviour.
Privacy Protection In Quebec: An Overview Of Amendments To The Law Governing The Private Sector
To print this article, all you need is to be registered or login on Mondaq.com. I. Modernizing privacy legislation On June 12, the Quebec government introduced bill 164, An Act to modernize legislative provisions as regards the protection of personal information ("the Bill" or "Bill 64"), first announced nearly a year ago. Once adopted, the Bill will result in significant changes to various laws in order to modernize the regulatory framework for the protection of personal data in Quebec.
Cleaner was employee and not independent contractor under Quebec statute, SCC rules
A cleaner who had a franchise agreement with a cleaning company was an employee and not an independent contractor pursuant to Quebec’s Act Respecting Collective Agreement Decrees, the Supreme Court of Canada ruled today in a 6-3 decision. In Modern Cleaning Concept Inc. v.
Legal news Roundup - May 3, 2019
SPECIAL REPORTS Legal Fees Survey Lawyers surveyed in Canadian Lawyer’s 2019 Legal Fees Survey say fee reductions are unlikely. Click here to see the results of this year’s survey.
New program will train immigration and citizenship consultants
Queen’s University Faculty of Law and Université de Sherbrooke are developing a new program to train immigration and citizenship consultants. “As universities, we’re particularly mindful of the fact that those who seek advice or services from immigration and citizenship consultants are very often very vulnerable people who do not generally know much about the Canadian context,” says Sébastien Lebel-Grenier, dean of the law faculty at Université de Sherbrooke.
Legal news Roundup - May 2, 2019
SPECIAL REPORTS Legal Fees Survey Lawyers surveyed in Canadian Lawyer’s 2019 Legal Fees Survey say fee reductions are unlikely. Click here to see the results of this year’s survey.
More than half of Ontario lawyers elected to regulator oppose statement of principles
More than half of the lawyers elected to the Law Society of Ontario’s new board of directors are opposed to the statement of principles, which lawyers say marks a sharp change in direction for the future of the regulator. The Law Society of Ontario announced a new set of benchers — 40 lawyers and five paralegals — that were elected in a voting period that ended April 30.
Legal news Roundup - May 1, 2019
SPECIAL REPORTS Legal Fees Survey Lawyers surveyed in Canadian Lawyer’s 2019 Legal Fees Survey say fee reductions are unlikely. Click here to see the results of this year’s survey.
Results of Ontario law society election suggest strong opposition to statement of principles
Many candidates who criticized initiative elected as benchers Murray Klippenstein, who was vocal about his opposition to the statement of principles, received the top number of votes for lawyers in the Toronto region in the bencher election. The Law Society of Ontario on Wednesday released the names of a new set of benchers elected in a voting period that ended April 30.
2019 Reader Survey
SPECIAL REPORTS Legal Fees Survey Lawyers surveyed in Canadian Lawyer’s 2019 Legal Fees Survey say fee reductions are unlikely. Click here to see the results of this year’s survey.
Map the data | Canadian Lawyer Mag
Fitness trackers are just one of the data-gathering devices that we either wear or stare at too many times in a day that have exploded in popularity in recent years. They are also increasingly offered to staff as part of employee wellness programs in large companies. Any incentive to encourage employees to be more active is likely to be good for a business. However, it could potentially raise privacy issues, since these devices can compile and store health information as well as exercise totals.
Controlling the contract lifecycle
While it may seem obvious that establishing a contract lifecycle management system would improve the way contracts are handled, it is more than possible that in-house departments could derive additional benefits from such a system in the form of getting themselves more time. Daniel Bourque, for example, has found that adopting contract lifecycle management software has given him back one of the most valuable and precious commodities in existence.
There be dragons ahead
The Patent Law Treaty harmonizes and streamlines procedures before patent offices in member countries. Although Canada signed the PLT on May 21, 2001, its implementation in Canada was delayed until a series of wide-ranging intellectual property reforms were begun in 2014. With public consultations now concluded, Canada is poised to ratify the PLT this fall, at which point various amendments to the Patent Act and Patent Rules will come into force. For applicants, these changes represent a mixed bag.
Issue of June/July, 2018
CURRENT ISSUE Attracting foreign workers Immigration lawyers say federal and provincial business immigration programs have improved but challenges remain. Marijuana and the workplace What challenges will the impending legalization bring for employers? A woman's place The flight of women out of criminal law is well documented, and those who stay face many obstacles.
Why ‘in-house’ wasn’t just another beat
In the summer of 2011, I joined the Canadian Lawyer and Law Times team at Thomson Reuters and in the space of about seven days attended the American Bar Association conference (it was held in Toronto that year) and the Canadian Bar Association conference in Halifax. It was a baptism by fire. One of my first stories from that ABA conference was based on a panel discussion that included Terrie-Lynne Devonish, then chief counsel for AON, who was talking about the state of diversity in law firms.
Due diligence gets a makeover
When it comes to conducting due diligence in mergers and acquisitions, it’s all about looking for risks in a haystack of data, thanks in large part to the proliferation of documents and information to review for a proposed deal. M&A lawyers say good due diligence is as important to a deal as the negotiation of the actual core agreement.
Rough start for remediation agreements
The proper use of newly minted remediation agreements was always going to be a judgment call. Now it appears judgment may have been seriously lacking in what would have been the very first application of a new Criminal Code amendment allowing corporations to avoid prosecution.
Finding a co-ordinated approach to cyber-threats
Cyberattacks on Canadian businesses are increasing in volume and sophistication. Thankfully, Canada’s approach to fighting such threats is also becoming more sophisticated — and, importantly, more co-ordinated. The Canadian Centre for Cyber Security, unveiled by the federal government late last year, has assumed a leadership role in the fight against cybercrime, collaborating with various levels of government and owners of critical infrastructure (such as energy and telecommunications companies).
Communication while in crisis
If circumstances arise where there is a need to consider retaining outside litigation counsel, it is almost certainly not a good news situation for a private sector company or government entity. For general counsel, the goal is to minimize both risk and cost by selecting the right outside firm for the file and assessing how much of the legal work can be done internally.
Revamping the KM approach
Full disclosure. I’m a total geek. So, when our legal division enshrined knowledge management into one of our teams, I was like a kid in a candy store. For us, KM encompasses the sharing of information with our in-house legal team and our clients, as well as the supporting records/information management systems.
The role of in-house in AI adoption
When I left private practice and went in-house, I was given valuable advice from a mentor of mine. She said that my role is not just about being an advisor to my business clients and it was important that I not limit myself to being just a “legal risk manager.” To be successful, I would have to be proactive.
Relationship effectiveness
Amid the hype and ongoing dialogue around the future of law and innovation in the legal profession, the reality is many small law departments in Canada still feel effective legal advice and suitable fee arrangements come not from new service delivery models but through good management and long-term cultivation of relationships with external counsel. Such is the case with Jonathan Boulakia, chief legal officer of Chartwell Retirement Residences, based in Mississauga, Ont.
The Autorité des marchés publics is the new actor in the Quebec public contracts regime
January 25 marked the beginning of the official operations of the Autorité des marchés publics, the new entity responsible for overseeing and managing public contracts between enterprises and Quebec government entities. In addition to taking over authorization powers under the regime from the Autorité des marchés financiers, the AMP will also be in charge of ensuring compliance with the adjudicating and awarding processes and handling complaints related to these processes.
Group against LSO Statement of Principles to launch bencher election bloc
A group that opposes the Law Society of Ontario’s Statement of Principles says it is raising money to campaign for a slate of candidates in the upcoming bencher election.
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