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COVID-19 Intellectual Property Update: Delays, Extensions, Overrides, and… Trademark Applications?

April 21, 2020 — As with many government offices and legal institutions across the country, COVID-19, and the resulting workplace shifts, have had an impact on the processing times and delays for procedures passing through the Canadian Intellectual Property Office [CIPO]. Below we will provide a clear overview of the changes to take note of, as […]

Achieving Orderly Layoffs During COVID-19

A few short weeks ago one of the central questions for employers was “how long can a temporary layoff last in Quebec before it becomes a termination, triggering notice pay obligations under the Labour Standards Act?” [LSA] Obligations however continue to accrue and arise even during periods of layoff, obligations that are important for employers […]

The Court of Appeal Considers the Impact of the COVID-19 Crisis on Contractual Relationships

As of April 16, 2020, there have been some 27 published judgements rendered by Quebec courts and tribunals that mention COVID. One decision is of particular interest as it addresses the impact that COVID-19 could have going forward. In Naimer c. Naimer, 2020 QCCA 567, Justice Geneviève Marcotte of the Court of Appeal ruled on […]

COVID-19 and Force Majeure: Navigating Exceptional Times as a Business

Everything has changed since the World Health Organization declared COVID-19 a pandemic on March 11, 2020, and it has since become increasingly clear that its impact will be felt across every level of society and industry. Businesses and individuals, reeling from the economic impacts of COVID-19, are wondering how it will impact their various contracts, […]

All You Need to Know About COVID-19 and Residential Leases

Designated as a pandemic by the World Health Organization on March 11, and triggering the declaration of a health emergency in Quebec two days later, COVID-19 has had a significant impact on all segments of society. When it comes to matters of residential leasing, there are many adjustments to be made by both landlords and […]

Impact of COVID-19: Sports, Entertainment (and Insurance?!?)

For the first time since World War II, Wimbledon, one of Great Britain’s most storied summer sporting events, has been cancelled. The announcement from the All England Club came on April 1, 2020 amidst concerns for public health and safety stemming from the ongoing COVID-19 pandemic. Scheduled to run from June 29 to July 12, […]

COVID-19 and Custody: Recent Case Law

The recent declaration of the COVID-19 public health emergency raises many questions concerning parental authority and custody arrangements. Two recent Superior Court of Quebec decisions shed light on this issue, affirming the importance of maintaining existing custody orders and favouring parents’ custodial time despite the exceptional situation. Droit de la famille – 20474, 2020 QCCS […]

COVID-19 and Amazon: You Are Fired! — Health and Safety in the Workplace vs The Right of Association

In case you missed it, it was reported in the news that on March 30, 2020, Amazon had fired a New York warehouse worker who had led a walkout on the same day over coronavirus concerns. The stance of Amazon is that the worker, Chris Smalls, had been ordered to quarantine at home with pay […]

Impact of COVID-19 on Estate Planning: Quebec is Ahead of the Curve

While we are witnessing the unfolding of unprecedented times, the coronavirus pandemic should also serve as a stark reminder of the importance of keeping your estate planning documents current. Although we do not presently and, perhaps will not for some time in the future, have the luxury of face-to-face personal meetings with our clients to […]

An Insurer Successfully Raises the Damage to Property Rented Exclusion

In a judgment rendered on February 10, 2020, Loue Froid inc. c. Ville de Longueuil, 2020 QCCS 447, the Superior Court dismisses the City of Longueuil’s demand [the “City”] that Compagnie d’assurance AIG du Canada [the “insurer”] take up its defence against a legal action instituted by Plaintiff Loue Froid Inc. [“Loue Froid”]. Following a […]
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