February 2, 2011


Fasken Martineau
Stock Exchange Tower
800 Victoria Square, 37th Floor
Montreal, QC, Canada

Event participants:

Jean-Louis Baudouin, Ad.E., Isabelle Chabot, Eng., Philippe Charest-Beaudry, Hilal El Ayoubi, Karine Fournier, Catherine Isabelle, Stéphanie Lapierre, Elaine Léger, Raphaël Lescop, Charles Lupien, Lise Rochette, Eleni Yiannakis

Schedule

February 2, 2011
8:00 am to 6:00 pm

PROGRAM

SECTION A – LABOUR, EMPLOYMENT, HUMAN RIGHTS AND PUBLIC LAW

8:00 a.m. to 10:00 a.m.

Employment and technology – an explosive cocktail

Speakers: Élaine Léger and Karine Fournier

New technology affects the labour market. Employers and employees alike must adapt to this new reality, where the line between professional and personal life is becoming increasingly difficult to draw.

In light of this, our practioners offer you:

• a review of the issues raised by the use of virtual networking sites, including employer use of such sites to obtain personal information on employees at the time of hiring and during the course of employment, time theft, and employee defamation of employers;
• an analysis of the issues raised by the use of smart phones in the workplace, including the protection of employer's confidential information and Internet use during work hours on devices that do not belong to the employer.

SECTION B – CORPORATE AND COMMERCIAL LAW

10:00 a.m. to 12:00 p.m.

The legal framework for Québec companies gets a make-over

Speakers: Catherine Isabelle and Stéphane Caïdi

On February 14, 2011, Québec's corporate legislation underwent its first major reform in 30 years with the enactment of the Business Corporations Act.

Our speakers invite you to discuss:

• significant changes, noteworthy improvements and anticipated uncertainties;
• stages in the implementation of the Act;
• efforts to harmonize with the Canada Business Corporations Act;
• ways in which new Québec business corporations will distinguish themselves from their counterparts in other provinces and at the federal level.

SECTION C – LUNCHEON

12:00 p.m. to 13:00 p.m.

3D Reconstruction: Biomechanics serving the law

The Honourable Jean-Louis Baudouin, former judge of Québec Court of Appeal and partner at Fasken Martineau and Mr. Denis Rancourt, D.Eng. (MIT), Professor, Department of Mechanical Engineering, Sherbrooke University, will discuss 3D Reconstruction: Biomechanics serving the law (See Section C).

Denis Rancourt is the expert behind the 3D re-enactment which aired at the Coroner's enquiry into the death of Fredy Villanueva.

In his presentation, Mr. Rancourt will present this new tool in the field of legal investigation. Among other topics, he will discuss his involvement in the Fredy Villanueva case and he will explain the creative process which led to this new means of proof.

Mr. Baudouin will broaden the discussion by addressing the use of such a form of evidence in the course of a civil trial.

 

SECTION D – LITIGATION AND DISPUTE RESOLUTION

1:00 p.m. to 3:00 p.m.

Impact of the new Business Corporations Act on commercial litigation

Speakers: Eleni Yiannakis and Philippe Charest-Beaudry

Our litigators will pursue the analysis of the new Business Corporations Act, by focussing on its effects on commercial litigation. They will examine the new recourses available to minority shareholders and particularly:

• surveillance and control measures;
• investigative powers;
• derivative actions;
• oppression remedies.

The Code of Civil Procedure: Fighting improper use of the courts

Speakers: Stéphanie Lapierre and Raphaël Lescop

In 2009, new legislative provisions were added to the Code of Civil Procedure in order to prevent improper use of the courts and to promote freedom of expression and citizen participation in public debates.

Eighteen months after the coming into force of these new provisions, our litigators share their experience and observations by addressing the following questions:

• what are the landmark decisions regarding the notion of "improper use" under these new provisions?
• what loopholes has the case law identified in the wording of these new provisions?
• in what way have the courts used the tools given to sanction cases of improper use?
  do motions for dismissal still have their place?
• what is the state of case law regarding personal liability for directors and officers of legal persons under these new provisions?
• what measures can be implemented to protect directors and officers of legal persons?

SECTION E – TECHNOLOGY AND INTELLECTUAL PROPERTY

3:00 p.m. to 5:00 p.m.

Unexpected advantages of a trademark registration

Speaker: Hilal El Ayoubi and Charles Lupien

In Canada, trademarks are protected from the time when they are used in association with a product or service. That said, registering a trademark confers certain advantages upon its owner.

Our speaker will highlight these advantages, both defensive and offensive, in order to point out, in a concrete and practical way, the situations in which you should consider registering your trademark.

Patentability of software, business methods and diagnostic methods

Speaker: Isabelle Chabot

These are exciting times for the field of methods patentability, as evidenced by the headlines made by recent decisions on the subject, such as Bilski in the United States and Amazon in Canada. While both of these patent applications pertained to computer systems, other decisions are awaited in the area of biotechnology.

In this new environment, our patent expert will provide an overview of patentability criteria, will discuss recent changes in case law, and will question the validity of the principle whereby a method is patentable only if it transforms an article or enumerates a machine's operations.

SECTION F – REAL ESTATE LAW

5:00 p.m. to 6:00 p.m.

Letters of intent: To write or not to write, that is the question

Speakers: Lise Rochette and Hsiao-Chen Lin

Letters of intent can be used in a variety of situations, whether for establishing the principal terms and conditions of a commercial transaction or for ensuring the seriousness of a potential purchaser.

Our commercial real estate law experts will discuss the following points:

• situations where a letter of intent is advantageous;
• the impact of letters of intent under Québec law;
• essential clauses of a letter of intent and other drafting advice;
• the enforceable nature of these clauses and the associated liability;
• the impact of the principle of good faith on the validity and scope of letters of intent. * This activity is recognized by the Quebec Bar as the mandatory continuing legal education policy.

* This activity is recognized by the Quebec Bar as the mandatory continuing legal education policy.

For more information:

Steeve Nadon
514 397 5182