Publications
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The Commission des Relations du Travail has Exclusive Jurisdiction to Hear Complaints Made Under Section 124 of the Act Respecting Labour Standards
On June 2, 2008, following the hearing of six cases at the same time, the Quebec Court of Appeal ruled that section 114 of the Labour Code grants exclusive jurisdiction to the Commission des relations du travail to hear complaints made under section 124 of the Act respecting Labour Standards.Despite (…)
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CSST Assessments and Third-Party Fault
Many employers are rightly concerned about the significant amounts they are required to pay to the Commission de la santé et de la sécurité du travail in respect of employment injuries sustained by their employees.The general rule underlying the financing system of the regime is that the cost of (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 1
Unexpected tax consequences - Is rectification or nullification possible? Shortage of manpower? Penalties on third parties - Something that concerns you! Requirement for reporting issuers to publicly disclose certain material contracts
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The Hydro-Québec Case: The Supreme Court Confirms That There are Definitive Limits to an Employer's Duty to Accomodate
On July 17, 2008, the Supreme Court of Canada rendered a unanimous judgment setting aside the ruling by the Quebec Court of Appeal and affirming that the employer had fulfilled its duty to accommodate in the case of Hydro-Québec v. Syndicat des employé-e-s de techniques professionnelles et de bureau (…)
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Jurisdiction up in the air?
The Quebec Court of Appeal has issued an important decision concerning the application of zoning by-laws to aeronautical activities. In Lacombe et al. v. Sacré-Coeur (Municipalité de), the Court was called upon to rule on a sensitive issue respecting the division of jurisdiction between the federal (…)
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Manufacturers, Importers, Distributors and Retailers: the Public’s Safety is your Business
The increasing number of recalls of consumer products in recent years is indicative of a trend that has raised concerns for governmental authorities. In response, the Canadian government announced, on April 8, 2008, a reform of the existing legislation to strengthen the protection of human health (…)
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Manufacturers, Importers, Distributors and Retailers: the Public's Safety is your Business
Manufacturers, Importers, Distributors and Retailers: the Public's Safety is your Business
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The Chicken, the Egg, the Producer - the Quebec Court of Appeal Knows Which Came First!
One more lengthy battle in a legal saga has just come to an end. Indeed, on June 4, 2008, the Court, comprised of Quebec’s Chief Justice, Michel Robert, and Justices Jacques Chamberland and Louis Rochette, rendered a unanimous judgment.To set the stage, consider a salmonella outbreak in (…)
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In the Wake of Domtar: Manufacturers' and Professional Vendors' Liabilities - Separate Defences
In one of the first decisions in Quebec since the landmark Domtar case, the Québec Court of Appeal has refined the parameters of the liability of a professional vendor and of a manufacturer for a latent defect. In this case, Joseph Élie Limitée had sold an oil tank manufactured by Réservoirs (…)
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The Transpavé Inc. Case: a Quebec Company Pays for its Negligence
On March 17, 2008, the Court of Québec fined Transpavé Inc. $110,000 after it pleaded guilty to a charge of criminal negligence causing the death of one of its employees. This is a first in Canada since the Criminal Code was amended so that an organization could be found guilty of criminal (…)
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Labour Shortages and Foreign Workers
Difficulties in recruiting skilled employees and the labour shortage in some sectors are currently a source of headaches for many businesses. In this context, one solution may be to consider hiring foreign workers. In a press release published in September 2007, the Fédération des chambres de (…)
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Your Contracts: a Systematic and Disciplined Approach is Called for
Every day, and several times a day, we enter into contracts without knowing it or without considering and controlling their effects. This bulletin provides a brief and non-exhaustive summary to help you better understand, prepare for and monitor your contractual environment.Do you know that a (…)
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The Manufacturer-Seller's Warranty in Québec: Still "Distict"!
In late November 2007, the Supreme Court rendered a judgment on the law of sale in Quebec in the case of ABB Inc. v. Domtar Inc. in which it pointed out important differences between Quebec law and the law of the other Canadian provinces regarding limitation of liability clauses. It also clarified (…)