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Lapointe Rosenstein Marchand Melançon LLP | Canada | 27 Apr 2021

When it's not 'better late than never' with franchisee claims

The Quebec Superior Court recently revisited certain franchising principles and reaffirmed the leading principles of Dunkin' Brands Canada Ltd v Bertico inc concerning the duties of franchisors, while holding both franchisor and franchisee responsible for their respective actions and negligence that led to the downfall of their relationship. This decision highlights the importance of......
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Smart & Biggar | Canada | 9 Dec 2020

Innovators challenge final PMPRB Guidelines in new Federal Court application

Innovative Medicines Canada and numerous research-based pharmaceutical companies recently commenced an application for judicial review of the final Patented Medicine Prices Review Board Guidelines. The guidelines aim to operationalise amendments to the Patented Medicines Regulations scheduled to come into force on 1 January 2021.
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Smart & Biggar | Canada | 7 Dec 2020

Innovators challenge final PMPRB Guidelines in new Federal Court application

Innovative Medicines Canada and a number of research-based pharmaceutical companies recently commenced an application for judicial review of the final Patented Medicine Prices Review Board Guidelines. The guidelines aim to operationalise amendments to the Patented Medicines Regulations scheduled to come into force on 1 January 2021.
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Smart & Biggar | Canada | 19 Oct 2020

French language requirements in Quebec: an introduction

The Charter of the French Language gives the French language the status of an official language in Quebec, thus making its use mandatory in all spheres of public life in the province, including commerce and business. An exception to this rule is the 'recognised trademark' exception, which provides that recognised trademarks need not be translated into French unless a French version of the......
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Fasken | Canada | 25 Mar 2020

COVID-19 and workplace government updates: cross-Canada review

Governments across Canada have recently made multiple announcements regarding the coronavirus (COVID-19) pandemic. To help make things easier for employers, this article summarises the announcements from all provinces that touch on workplace issues. Common issues concerning COVID-19 include self-isolation, sickness benefits and layoffs.
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Fasken | Canada | 19 Feb 2020

Religious freedom versus occupational health and safety

A great societal debate is taking place following the Quebec National Assembly's recent adoption of the Act Respecting the Laicity of the State, which regulates the wearing of religious symbols at the government level. In a recent case, freedom to wear religious symbols was pitted against employers' legal obligations to ensure and maintain occupational health and safety. The Quebec Court of......
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Smart & Biggar | Canada | 29 Jan 2020

Life sciences intellectual property: 2019 highlights

There have been a number of key developments in Canadian life sciences IP and regulatory law over the past 12 months, including significant amendments to the Patented Medicines Regulations, a number of biosimilars developments relating to approvals, pending submissions and naming and the second anniversaries of the certificate of supplementary protection regime and the Patented Medicines......
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Smart & Biggar | Canada | 14 Oct 2019

Innovators commence court challenges regarding recent amendments to Patented Medicines Regulations

The recent amendments to the Patented Medicines Regulations have been the subject of two court challenges launched by groups of innovative pharmaceutical companies – one in the Quebec Superior Court and the other in the Federal Court. The applicants before the Quebec court brought a constitutional challenge to the Patented Medicine Prices Review Board provisions of the Patent Act and the......
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Fasken | Canada | 14 Aug 2019

Extended leave and holiday pay: is differentiating between protected employees discriminatory?

A recent arbitration decision reminds employers that distinctions between different classes of protected employee may be discriminatory. As such, employers should review their policies and agreements in light of this decision to ensure that differential treatment is not applied to employees in different protected classes on leave, as this may provide a basis for a successful discrimination claim.
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Lapointe Rosenstein Marchand Melançon LLP | Canada | 18 Jun 2019

Franchisee or employee in disguise?

Franchising communities in Quebec and elsewhere in Canada have been eagerly awaiting a Supreme Court of Canada decision on whether an unincorporated franchisee operating a two-person cleaning services business in Quebec as part of a cleaning services franchise network qualified as an employee. While the court's ruling may be worrisome to franchisors in certain industries, there are several......
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