MASH Sector Needs to Brace for Possible New Era in Procurement – Canada-EU Comprehensive Economic Trade Agreement (CETA)

By Roy Nieuwenburg

Heads Up – CETA is Coming

Until now, the MASH (municipal, academic, schools and hospitals) sector has in practice been relatively unscathed by federal trade agreements, such as the Agreement of Government Procurement, the North America Free Trade Agreement and the Agreement on Internal Trade (AIT). In contrast, the federal government and its agencies have been subject to and bound by these agreements and the companion federal Canadian International Trade Tribunal Act (CITT). The CITT gives disappointed bidders enforceable recourse against the federal government and its agencies where the principles and stipulations of the trade agreements are not observed.

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Partner or employee — How to distinguish between two concepts

Accountants, lawyers, physicians and all others carrying on business as a partnership with mandatory retirement provisions will want to pay close attention to the decision rendered by the Supreme Court in McCormick v. Fasken Martineau DuMoulin LLP. Theodore Goloff explains why.

Click here to read his comments.

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Is that a fixed term or an indeterminate term contract? The Court of Appeal provides insight

Whether an employment agreement is a fixed term contract, valid for a predetermined period, or an indeterminate term contract, valid until terminated otherwise than under its terms, has substantial significance.

The Quebec Court of Appeal recently shed new light on the criteria under which both types of contracts can be distinguished. Theodore Goloff discusses that case.

Click here to read his comments.

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The impact of a single word in an employment contract

To use a hockey metaphor: sometimes, a party to a contract will literally score an own goal. He will seize the puck and shoot in the direction of his own net while taking the goaltender’s attention away from the game.

Jacques Bélanger discusses a recent decision where one employer’s use of the word “guarantee” in a contract caused unwanted consequences — shooting, if you will, in its own goal.

Click here to read his comments.

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Identity theft: More than just a distant reality

Identity theft is a severe threat. Not only do you run the risk of losing substantial amounts of money, but restoring your credit and your reputation can require months of efforts.

As a law firm, we are concerned with your well-being and the protection of your assets. Jason S. Novak has come up with a few recommendations to help you minimize the risk of severe losses caused by identity theft.

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New rules on commercial trust registration

Did you know that trusts carrying on a commercial enterprise in Quebec must now be registered? Sharon G. Druker explains those new rules.

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Unfair competition, use of confidential information and solicitation

Commercial and employment relations frequently require lawyers to examine whether one party’s behaviour is contrary to explicit clauses or implicit rules on competition and on the solicitation of clients.

RSS litigators Jean-Pierre Sheppard, Normand Laurendeau and Matthew McLaughlin were recently involved in two such cases. In one case, we opposed an application for an injunction. In the other, we sought the injunction.

Guess what: we won both cases. Click here to read more about this.

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Legal obligations and rights exist, even among peers!

A process or hearing that is termed “peer-to-peer” or that places an emphasis on its informality does not deprive parties of their fundamental legal rights.

Jason S. Novak and Jacques Bélanger were recently involved in Bezina c. Alliance of Canadian Cinema, Television and Radio Artists (ACTRA), where they successfully represented two stunt performers in obtaining wages illegally seized by their union after a movie was shot.

Click here to learn more.

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You Never Know What Will Inspire You

You never know when you start each day what’s going to inspire or excite you. Last Friday was one of those days.

I started the day at our Business Law Group’s monthly meeting. First meeting of the Fall. It was set up in a conference table style, rather than our typical classroom style. I’m not sure whether it was that or that there were more people than usual, but the room felt full, with everyone really engaged (not so much checking the smartphone).

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Takeaways from the 2014 ILN European Regional Meeting

It’s Monday, so that means that the 2014 ILN European Regional Meeting is officially in the books. I want to offer a special thanks to our hosts at Okland & Co DA, and especially their managing partner, Tom Carsten Troberg.

As I was flying home yesterday, I had the opportunity to ruminate on the conference, and the takeaways I gained from the various presentations and social functions, and I wanted to share those with you today!

  • There is really no substitute for face-to-face relationship building:As you know, I love social media, and think of it as a great bridge for keeping connections going in between face-to-face interactions.
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