Publications
-
Read more
The Court of Appeal Warns Petitioners in Motions for Authorization Against Group Descriptions that are too Broad and Disproportionate
On September 26, 2007, the Court of Appeal dismissed the appeal of appellant Citizens for a Quality of Life and upheld the judgment of the Superior Court dated December 14, 2004, which had refused to grant its motion for authorization to institute a class action against Aéroports de Montréal on the (…)
-
Read more
New Insurer
On August 16, 2007, the Court of Appeal issued a judgment pertaining to the absence of an initial discloser of risk to the new insurer in the context of the transfer of an insurance portfolio by a broker. An insurer who accepts the transfer of a policy without ascertaining its current exposure to (…)
-
Read more
In-house Counsel's Obligations - Under Certain Provisions of the Code of Ethics of Advocates
The Code of ethics of advocates (R.R.Q., 1981, c. B-1, r.1) (the “Code”) applies to all lawyers inscribed on the Roll of the Order of Advocates “regardless of the context or manner in which he engages in his professional activities or the nature of his contractual relationship with (…)
-
Read more
Our Client Transat Tours Canada Inc. Prevails in the Supreme Court - A precedent Favourable to Canadian Businesses Is Established in a Matter Involving Injunctions and Private International Law
Our Client Transat Tours Canada Inc. Prevails in the Supreme Court - A precedent Favourable to Canadian Businesses Is Established in a Matter Involving Injunctions and Private International Law
-
Read more
Recent Amendments Concerning the National Holiday: Enactment of Bill 10 and its Impacts on Certain Employers
Recent Amendments Concerning the National Holiday: Enactment of Bill 10 and its Impacts on Certain Employers
-
Read more
Regulation 45-106 and Restrictions on the Transfer of Securities: Did We Cry Wolf Too Fast?
Regulation 45-106 and Restrictions on the Transfer of Securities: Did We Cry Wolf Too Fast?
-
Read more
Bill 30: Is your pension committee ready for December 13, 2007?
The countdown has begun! Have the governance rules for your pension committee been set out in an internal by-law? If not, there's no time to lose! The deadline is December 13, 2007.In the wake of the increasing number of lawsuits in Quebec and elsewhere in Canada involving the responsibilities of (…)
-
Read more
Two of our partners honoured with Québec Bar Mérite awards
Two of our partners honoured with Québec Bar Mérite awards
-
Read more
The Federal Regulatory Framework for Greenhouse Gases and other air emissions: a
In accordance with its announcement in its Notice of Intent published on October 21, 2006, the federal government, on April 26, published the regulatory framework it favours for greenhouse gas emissions and other air pollutants.The “Regulatory Framework for Air Emissions”, despite its (…)
-
Read more
Do the costs of a correcting manufacturing defect result from an accident?
Can the cost of remedying a manufacturing defect be considered as damage resulting from an "accident" covered under a liability insurance policy?This is the question the Quebec Court of Appeal considered recently. Its judgement is of interest not only as regards to the Court of Appeal's (…)
-
Read more
When Should a Director Resign?
The title of this Newsletter was deliberately chosen to attract attention, because while very relevant, the question nevertheless receives little attention. Moreover, proper comprehension of the issue is often clouded by ignorance of the applicable rules, by conflicts of interest or by a certain (…)
-
Read more
Recent CLP Decision: the obligation to give reasons for its decisions and the power to issue a stay of proceedings
On January 22, 2007, the Commission des lésions professionnelles (the "Board") handed down a decision in Harvey et Brasserie Labatt ltée further to a motion for revocation filed by the employer against a decision rendered by a first commissioner.This decision deals with the reasons that (…)
-
Read more
Disability and the duty to accommodate: loss of seniority and loss of employment clauses are still relevant!
The Supreme Court of Canada recently handed down a highly anticipated judgment in McGill University Health Centre (Montreal General Hospital) (the “MUHC”) vs. Syndicat des employés de l’Hôpital Général de Montréal (2007 SCC 4). This case sets out the scope of an employer’s (…)