Publications
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Clearing the air in the workplace: The Tobacco Act's new provisions and the implementation of employer's policy
Enacted in June 1998, the Tobacco Act (the «Act») is a major component of the Government of Quebec’s strategy to fight smoking.In June 2005, Quebec’s legislature reinforced the Act by adopting the Act to amend the Tobacco Act and other legislative provisions (the (…)
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The Nominee director and conflicting loyalties
In most cases, the interests of the shareholder or of the member who arranged for the nominee's election should correspond to the best interests of the company. Precautions must and can be taken to avoid problems.
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A recent Quebec Court of Appeal decision involving extra-contractual liability of directors
On February 2, 2006, the Quebec Court of Appeal rendered an interesting judgement involving directors’ liabilities in the case of Johnson and Marcil v. André Arthur et al (500-09-012808-028), a lawsuit for slander.
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The Kyoto Protocol: three steps to take under the legal framework
The Kyoto Protocol: three steps to take under the legal framework
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Determination of the real employer under the Act respecting Industrial Accidents and Occupational Diseases when a business entrusts the management of its human resources to a personnel agency
Generally, Labour Relations laws assume the interaction of two parties, an employer and an employee. The employee offers his services, for pay, to an employer, who determines the working conditions and ensures discipline. This is a bipartite relationship. However, when a business entrusts the (…)
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Absenteeism and the obligation to accommodate: When the employer is required to consider the measures recommended by the medical experts
In a judgment rendered on February 7, 2006, the Quebec Court of Appeal reiterated the obligations of the employer and the employee to play a role in seeking a reasonable accommodation. In cases where a collective agreement exists, the union has the same obligation.More specifically, the Court of (…)
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Canada: Class Actions in Competition Damage Matters (Available in French only)
Canada: Class Actions in Competition Damage Matters (Available in French only)
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Psychological Harassment in the Workplace: What's New?
Since June 1, 2004, the Labour Standards Act (hereinafter the "L.S.A.") requires employers to provide a work environment free from psychological harassment. Thus, employers must, as a first step, take reasonable measures to prevent psychological harassment and then, whenever they become (…)
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Amendments to the Annual Declarations System for Enterprises in the Province of Québec
Some important changes to the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (the “Act”) took place effective January 1 st, 2006.The Act generally applies to all legal persons, partnerships and individuals carrying on an activity in the (…)
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The new Quebec Parental Insurance Plan: What should you know?
The new Quebec Parental Insurance Plan: What should you know?
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Are the Courts Distorting the Nature of Class Actions?
Are the Courts Distorting the Nature of Class Actions?
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The Application of Ontario's Bill 198 to Securities Class Actions in Quebec
The Application of Ontario's Bill 198 to Securities Class Actions in Quebec
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Disability Insurance: the Right to a Counter Expertise
Disability Insurance: the Right to a Counter Expertise