Publications

December 7, 2017

No return to work in the foreseeable future: an undue hardship for employers

Reversing a decision of the Tribunal administratif du travail (“TAT”), the Superior Court of Québec confirmed that the employer will meet the burden of demonstrating undue hardship, thus justifying a non-discriminatory administrative dismissal, where there is no evidence that the employee will be (…)

December 5, 2017

Cash flow management by investment fund managers: considerations when setting up subscription credit facilities

Subscription credit facilities have become a popular tool to increase flexibility in managing an investment fund’s cash flows. However, these instruments are not always well understood by all parties. The popularity of these facilities has also led investors associations, such as the Institutional (…)

December 4, 2017

Dismissed after being convicted of procuring

In a decision rendered on May 29, 2017,1 arbitrator Jean-Pierre Lussier confirmed the dismissal of a cashier employed by the Société de transport de Montréal who was convicted of procuring. The facts Hired in February 2008, the employee pleaded guilty to charges of procuring in 2014. The victim (…)

November 24, 2017

The Superior Court of Québec rules on the insurable interest of someone
who acted as a nominee in the context of the acquisition of a property

On September 8, 2017, in the case of El-Ferekh c. Intact, compagnie d’assurance, 1 the Superior Court of Québec ruled on the insurable interest of someone who acted as a nominee in the context of the deeds pertaining to the acquisition of an immovable property covered by an insurance policy. The (…)

November 16, 2017

Dismissal due to a breach of the occupational health and safety rules
related to lockout

In a decision rendered on August 14, 2017,1 Arbitrator François Blais dismissed a grievance contesting a dismissal, holding that a breach of occupational health and safety rules constitutes an objectively serious fault which must be dealt with severely regardless of whether or not the breach caused (…)

November 13, 2017

Bill 150 and the distribution of financial products and services

On October 31, 2017, Québec’s Finance Minister, Carlos J. Leitão, introduced Bill 150, An Act respecting mainly the implementation of certain provisions of the Budget Speeches of 17 March 2016 and 28 March 2017 (“Bill 150”). In this newsletter we will discuss the changes made to the Civil Code of (…)

November 9, 2017

Québec consumer law and the automotive industry: keep your hands on the wheel!

Lavery recently attended the Strictly Automotive Seminar organised by the Defence Research Institute in Detroit, Michigan. The seminar addressed legal issues which the automotive industry is currently facing worldwide. This newsletter provides an overview of the legal principles vehicle (…)

November 8, 2017

Bill 150 and damage insurance brokerage

On October 31, 2017, Québec’s Finance Minister, Carlos J. Leitão, introduced Bill 150, An Act respecting mainly the implementation of certain provisions of the Budget Speeches of 17 March 2016 and 28 March 2017 (“Bill 150”). In this article, we will discuss the changes made to the Act respecting the (…)

November 6, 2017

The Superior Court of Québec analyses the exception allowing the use
of a work protected by copyright for the purpose of news reporting

In Cedrom-SNi inc. v. Dose Pro inc. (“Cedrom-SNi”), the Superior Court of Québec rendered a decision which, although issued at the interlocutory stage, is of interest to Canada’s media and entertainment industry since it is one of the rare decisions which analyses the criteria for applying the (…)

November 2, 2017

Investing in the health of your employees - a wise decision! The legal issues to consider

Numerous studies confirm that the poor health of workers, among other things caused by the increasingly sedentary nature of positions and the illnesses associated with this, will ultimately result in significant costs for businesses related to: Absenteeism; Compensation for work-related injuries (…)

October 27, 2017

Doing Business In Quebec

Download our complete guide to develop your business in Quebec Doing Business In Quebec

October 26, 2017

Employers and emergency call centre workers: your liability for property damage is limited

In May 12, 2017, the Court of Québec1 concluded that an emergency call centre had no liability for property damage caused by first responders who broke down the door of a residence in order to assist a user in respiratory distress. In this case, the Court held that a call centre who required the (…)

October 24, 2017

“Senior managerial personnel” status under the Act respecting labour standards

In Delgadillo c. Blinds To Go inc. and the Tribunal administratif du travail,1 the Court of Appeal of Québec rendered a very important decision regarding the concept of “senior managerial personnel” under the Act respecting labour standards (“ALS” or the “Act”). In the future, this decision should (…)