Publications

November 1, 2012

The Metron Construction Corp. Case: Another conviction for criminal negligence in the area of occupational health and safety

Since the adoption of Bill C-45 amending certain provisions of the Criminal Code in March of 2004, employers have had to take on increased responsibility in the area of occupational health and safety. Indeed, the effect of sections 22.1 and 217.1 of the Criminal Code is to facilitate the laying of (…)

October 1, 2012

Professional liability insurance and gross fault: the Court of Appeal sings a different tune (new version)

Following the important judgment rendered by the Court of Appeal on August 2, 2012, the Court has ruled once again, on September 27, 2012, on the exclusions for gross fault with respect to professional liability insurance. In addition, the decision confirmed, as provided in the Civil Code, that an (…)

October 1, 2012

The « Critical Supplier » in Québec Jurisprudence and a Québec Perspective on INDALEX

The Critical Supplier in Québec jurisprudence Superior Court refuses to import INDALEX decision into Québec Law.

October 1, 2012

CCAA: Is the termination of employment contracts subject to section 32 CCAA?

On August 30, 2011, Hart Stores Inc./Magasins Hart inc. (hereinafter 'Hart'), filed for protection under the Companies' Creditors Arrangement Act (hereinafter the 'CCAA'). As part of the restructuring, Hart closed down 32 out of 92 points of sale and laid off 640 out of 1,600 employees. Included in (…)

October 1, 2012

Does an employer have the right to forbid the recording of cell phone conversations by employees?

In the era of smartphones and their ever-increasing sophisticated applications, it may be difficult for an employer to control what employees do with their cell phones while at work. What is the extent of an employer’s powers when an employee makes use of his personal cell phone? Does an (…)

October 1, 2012

Creditors suspected of wishing to eliminate a competitor: The Court refuses to annul their votes against a plan of arrangement

On May 14, 2012, the Honourable Normand Gosselin, J.S.C., ruled on an amended motion seeking the sanction of a plan of arrangement concerning a debtor, Norgate Métal Inc. ('Norgate'). The judgment is special in that Norgate asked the Court to annul some of the votes that had been cast against the (…)

October 1, 2012

The Court of Appeal rules on the scope of section 59 of the Labour Code with respect to a definitive business closure

The Québec Court of Appeal rendered an important decision on the legality of termination of employment for some 190 employees of the Wal-Mart store in Jonquière. In the context of several proceedings, which were filed to obtain compensation for those job losses, the United Food and Commercial (…)

October 1, 2012

Investment and Financial Security Advisors: Respect your clients’ goals and document your files!

Two recent decisions of the Court of Appeal remind us of the duty on investment advisors and financial security advisors to know their client and the correlative duty of information. In both cases, the Court of Appeal held that the advisor had breached his duty to know his client, assess the (…)

September 1, 2012

Legal newsletter for business entrepreneurs and executives, Number 14

Last Call: Do you have any private corporation shares in your RRSP? Plan Nord: Maximize your business opportunities Can the refusal to sign a non-competition clause constitute a just and sufficient cause for dismissal?

September 1, 2012

The Court of Appeal reiterates the admissibility in evidence of reports done in the course of administrative investigations

In a decision rendered on July 5th, the Court of Appeal reiterates the admissibility in evidence of reports done in the course of administrative investigations in the context of a civil trial, confirming the importance of any administrative investigation that follows an accident.

September 1, 2012

Advance notice policies: A tool to consider with regard to shareholder nominations for electing directors

On July 20, 2012, the Supreme Court of British Columbia (the 'Court') rendered a judgment that sheds new light on the shareholder nomination process for electing the directors of a business corporation. In fact, the Court confirmed that a corporation’s policy, which aimed to impose an advance (…)

September 1, 2012

Due diligence in leasing

It is fairly common and in fact recommended, to proceed with a due diligence review of a property before its acquisition. At a minimum, title to the property is confirmed through a title search review. Often times, a much more thorough review is completed. Matters such as zoning and other legal (…)

September 1, 2012

Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 17

The Application for Rectification by the Court Is Not a Cure for all Ills: Prevention is Better than (Attempting!) a Cure Register your Trade-marks! The Importance of Having a Detailed Power of Attorney in the Event of a Person’s Incapacity Effect of a Unanimous (…)