First Reference company logo

Inside Internal Controls

News and discussion on implementing risk management

machine cogs image

Civil Code of Quebec

The right to be forgotten has a three-piece suit tailor-made in Canada? From Quebec to British Columbia

This article aims to situate the debate on the right to be forgotten in light of three major precedents, which apparently evolved in isolation (in different provinces, distinct jurisdictions) and yet have everything in common. Indeed, the right to be forgotten is perhaps not as bare as we have been told; we might even go so far as to say that, for the moment, it has a three-piece suit tailor-made in Canada.

 

, , , , , , , , , , , , , , , , , , , , , , , ,

Waiver of the client’s unilateral termination right: the clause can survive the automatic renewal of an agreement

The Civil Code of Québec (the “CCQ”) provides that a client can unilaterally terminate a service agreement even where the work or provision of the services is already in progress

 

, , , , , , , , , , , , , ,

Five-year commercial restrictive covenant upheld

Non-competition and non-solicitation agreements are fairly common in employment contracts, but courts also commonly find them to be unenforceable due to unreasonable or unclear restrictions. When parties negotiate a restrictive covenant in the context of a transfer of a business, however, the rules are different, even where the seller of the business agrees to work for the buyer. The Supreme Court of Canada recently dealt with a case like this.

 

, , , , , , , , , , , , , , , , , , , , ,