15.12.2020
Supreme Court clarifies risk of loss due to fraudulent EFTs
The SCC released a short decision on December 10 confirming unanimously that it is the bank’s customer who bears the risk of loss of an amount that the bank transferred by electronic payment order from the customer’s account to a third party as a result of a phishing scam1. The decision adopts the reasoning of […]
20.11.2020
Supreme Court of Canada decision is end of the road for sexual harassment class action Rozon c. Les Courageuses
Against the backdrop of an ongoing criminal trial, the Supreme Court of Canada has denied an application for leave to appeal from the Québec Court of Appeal’s refusal to authorize a sexual harassment class action against Québec businessman and Just for Laughs founder Gilbert Rozon1. The Québec Court of Appeal denied authorization on the basis […]
04.11.2020
Bill 68 launches target benefits pension plans in Québec
On October 7, Québec’s Minister of Finance, tabled Bill 68 (Bill): An Act mainly to allow the establishment of target benefit pension plans to amend the Supplemental Pension Plans Act, thereby enabling the creation of target benefit pension plans (TBPPs) in Québec. The long-awaited Bill is a right of a recommendation from the expert panel […]
30.09.2020
New Ontario regulations require COVID-19 screening by employers
On September 25, the Ontario government amended O. Reg 364/20 (Rules for Areas in Stage 3 under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020) (Regulation) in response to the recent rise in COVID-19 cases in Ontario. Among other things, the amendments require businesses and organizations to comply with any advice, recommendations and […]
28.05.2020
Torys litigation team receives accolades at 2020 Benchmark Litigation Canada Awards
We are delighted to announce that Torys’ litigation practice has been honoured with four awards at the 2020 Benchmark Litigation Canada Awards, including Ontario Litigator of the Year and Product Liability Firm of the Year. Chair of the firm’s Litigation and Dispute Resolution practice Linda Plumpton was named Ontario Litigator of the Year. She has […]
22.04.2020
COVID-19: the Canada Emergency Wage Subsidy
The Canada Emergency Wage Subsidy (CEWS), enacted on April 11, 2020, is a key measure in the Government of Canada’s COVID-19 Economic Response Plan. The CEWS is designed to provide financial assistance to businesses experiencing substantial decreases in revenue due to the COVID-19 pandemic in order to enable these employers to retain or rehire their […]
21.04.2020
COVID‑19: potential liability of directors and officers of insolvent companies
The COVID-19 pandemic raises unique challenges not only for companies generally, but for their directors and officers personally. Corporate insolvency may be a looming and unexpected threat in the face of restricted operations and the liquidity crunch resulting from significant revenue declines (including from sales declines and challenges collecting receivables) and increased costs (such as […]
07.04.2020
Expedited production in Canada of goods to combat COVID-19 and potential exposure to future claims
Life sciences companies are contributing to the global fight against COVID-19, including by manufacturing and distributing urgently needed personal protective equipment (PPE) such as masks and gowns necessary for frontline workers, and medical devices, such as test kits and respirators. Health Canada has in turn taken steps to expedite approvals of certain products that can […]
03.04.2020
Moving disputes forward during COVID-19: the arbitration option
The COVID-19 pandemic, and the physical (social) distancing measures implemented to help fight it, have meant that courts have had to limit their operations (see our full overview on court access in Canada during the COVID-19 crisis). While some urgent court hearings are proceeding virtually and some courts are taking steps to expand the availability […]
03.04.2020
Liability risks to business in the COVID-19 era
The COVID-19 pandemic has radically, if temporarily, changed the way that Canadians live, work, save, shop and play. Physical (social) distancing and the associated measures that come with it have changed a reasonably favourable business environment into a world where only essential/priority services remain open to the public, and most people are restricted to working […]
03.04.2020
Impact of COVID-19 on Canadian courts and litigation deadlines
Courts across Canada have limited their operations, and access to the court system, in order to help contain the spread of COVID-19 and protect the health and safety of court users and staff. Filing deadlines (and, in two provinces, limitation periods) have also been suspended or modified. This bulletin provides an overview of changes to […]
02.04.2020
COVID-19: Canadian federal tax changes and announcements
The COVID-19 pandemic has prompted tax-related measures and announcements from the Government of Canada, the Canada Revenue Agency (CRA) and the Tax Court of Canada (Tax Court) on an unprecedented scale, including economic relief for businesses and individuals, deferrals of due dates for certain upcoming tax filing and payment obligations, and the temporary suspension of […]
02.04.2020
COVID-19 and the workplace: new details on the Canada Emergency Wage Subsidy
On March 30, 2020 and April 1, 2020, the federal government announced the details of the Canada Emergency Wage Subsidy (CEWS) for employers. While the CEWS remains subject to parliamentary approval, the key details as proposed are summarized below (for details on tax issues related to the CEWS, read our bulletin here). Further information relating […]
31.03.2020
COVID-19 as force majeure in Québec: key considerations, implications, and practical tips
On March 13, the Government of Québec declared a public health emergency as a result of the COVID-19 pandemic. Since then, COVID-19 infections have spread worldwide and across Canada. The Canadian federal government and the government of every Canadian province have now declared COVID-19 to be a public health emergency. The emergency measures ordered by […]
31.03.2020
COVID-19 and the workplace: Québec considerations
On March 13 and March 23, we wrote about some of the key issues facing employers in light of COVID-19. Since then, the situation has escalated and continues to evolve in real time, with a myriad of new issues for employers to consider. This Québec-focused update contains information on the obligations of Québec employers under […]
24.03.2020
Are you essential?: COVID-19 business closure orders in Canada
As the coronavirus crisis deepens in Canada, the regulatory and business landscape continues to rapidly change. The provinces of Ontario and Québec have now ordered the mandatory closure of all non-essential workplaces in those provinces. Companies have only a day’s notice to determine whether they qualify as an essential service and assess the implications of […]
19.03.2020
COVID-19: key issues every organization should consider
The COVID-19 pandemic raises critical and unprecedented issues for all organizations. How an enterprise responds to these challenges will influence how it fares through the crisis and its positioning for recovery afterwards. We believe that the issues below warrant special attention by senior management and directors. Torys has prepared, or will be subsequently issuing, detailed […]
02.03.2020
Celebrating International Women’s Day 2020
Torys is proud to celebrate International Women’s Day on March 8. The 2020 theme for International Women’s Day is #EachforEqual, encouraging people to take action for equality and raise awareness against bias. Giving back This year, we are partnering with two organizations—Threads and Dress For Success. Threads is a women-owned and operated small business selling […]
09.12.2019
Managing Partner Sylvie Rodrigue on strategy and success after six years in Montréal
Montréal office Managing Partner Sylvie Rodrigue has told Droit-Inc that, if given her time again, she would change “absolutely nothing” about the strategy the firm took in building its presence from the ground up in Montréal. Droit-Inc sat down with Sylvie to discuss Torys’ six years in Montréal, what it took to get there and […]
09.12.2019
Liability for unlawful arrest and right to refuse to comply
By Sylvie Rodrigue, Ad. E. On November 29, 2019, the Supreme Court of Canada (SCC) rendered its decision in Kosoian v. Société de transport de Montréal, 2019 SCC 59 and unanimously ruled in favour of Bela Kosoian, overturning the decisions of the Québec courts below and ordering the Société de transport de Montréal (STM) (the […]
03.12.2019
Unlawful and unreasonable arrest: Victory for the Canadian Civil Liberties Association in Supreme Court civil liability case
By Torys’ Litigation and Dispute Resolution Practice On November 29, the Canadian Civil Liberties Association (CCLA), as intervener, won a major victory in the Supreme Court of Canada (SCC) case of Kosoian v. Société de transport de Montréal. Torys represented the CCLA in its intervention with a team comprised of Sylvie Rodrigue, Marie-Ève Gingras and […]
20.11.2019
Cheryl Reicin and Sylvie Rodrigue Win WXN’s 2019 Canada’s Most Powerful Women: Top 100 Award
We are thrilled to announce that two of our leaders at Torys, partners Cheryl Reicin and Sylvie Rodrigue, have been named winners of the Women’s Executive Network’s (WXN) 2019 Canada’s Most Powerful Women: Top 100 Award. This year, Cheryl has been given the honor of joining the WXN Hall of Fame, and Sylvie’s win falls […]
16.10.2019
Torys announces new Managing Partner
Matt Cockburn has been elected by the firm’s partnership to succeed Les Viner as Managing Partner effective April 1, 2020. “We are thrilled that Matt has agreed to take on this new role at the firm,” said Les. “Matt has always exemplified and role modeled the very finest of the attributes to which we aspire […]
22.05.2019
New public procurement complaints process in Québec
By Geneviève Bertrand | Thomas H. Yeo | Emma Loignon-Giroux A new procurement complaints process overseen by the Autorité des marchés publics (Autorité) will enter into force on May 25. This process will allow for the consolidated and uniform treatment of bid protests arising in the course of public sector procurements in Québec. What you […]
20.07.2018
The Overcompensation Scheme in Québec Consumer Protection Class Actions
Partner Sylvie Rodrigue and senior associate Marie-Ève Gingras have written a piece called “The Overcompensation Scheme in Québec Consumer Protection Class Actions” in a publication by the International Bar Association. The article discusses the history and reasoning behind Québec’s generous class action and consumer protection regimes, and how this has arguably leveled out the economical […]
17.07.2018
Québec Government Limits use of Loyalty Cards and Patient Support in Draft Regulation
By Teresa A. Reguly | Geneviève Bertrand The Québec government’s draft Regulation1 under the Act respecting prescription drug insurance (Act), concerning exceptions to the general prohibition on a manufacturer covering some or all of the costs of a drug for a patient, was published in the Gazette officielle du Québec on July 4.2 What You […]