Publications

July 1, 2012

When a tree falls: The Supreme Court of Canada confirms the large and liberal interpretation that must be given to Quebec’s Automobile Insurance Act

In a unanimous decision rendered on June 22nd, the Supreme Court of Canada confirms the principles previously established by the Court of Appeal: Quebec’s Automobile Insurance Act ("Act") must be given a large and liberal interpretation. In this case, the Court confirms that the mere use of a (…)

July 1, 2012

The Court of Appeal confirms that a distinction based on age provided for by section 56 of the AIAOD is not discriminatory

On June 14, 2012, the Quebec Court of Appeal confirmed the validity of the second paragraph of section 56 of the Act Respecting Industrial Accidents and Occupational Diseases (hereinafter the “AIAOD” or the “Act”). Although this paragraph establishes a distinction based on (…)

June 1, 2012

Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 16

The Trust : An Efficient Asset Protection Tool? Amendments to the Obligations of Employers Hiring Foreign Workers – One Year Later: Are you Ready for Service Canada’s Verification? Did you Know? Trustee’s Tax Liability

June 1, 2012

The Doorcorp Case: The Court of Appeal renders yet another decision on section 139 BIA and the postponement of claims

Last June we discussed the Court of Appeal decision in Stonehaven Country Club, which dealt with the application of section 139 BIA to a claim by Investissement Québec. The Court of Appeal has ruled on the scope of this section once again.On April 17, 2012, the Honourable Marc Beauregard, writing (…)

June 1, 2012

Legal newsletter for business entrepreneurs and executives, Number 13

Due diligence in leasing Factors examined by the Supreme Court in determining the validity of a municipal bylaw Incorporated employees face new obstacles

June 1, 2012

What to do when your lessee declares bankruptcy?

A commercial lease does not end on the sole basis that the lessee declares bankruptcy; to the contrary, the Bankruptcy and Insolvency Act (“BIA”) provides that the property of the bankrupt, including the lease, is vested in the trustee. In fact, the terms of the lease are what make it possible for (…)

June 1, 2012

The policyholder and the insurer may agree to unilaterally modify the provisions of a group insurance policy

The La Capitale ruling had been expected since 2009, when the Superior Court authorized a class action against an insurer who had unilaterally modified the waiver of premiums clause in a group insurance contract in 2001.

June 1, 2012

Can the refusal to sign a non-competition clause constitute just and sufficient cause for dismissal?

In a recent decision, Jean c. Omegachem inc., the Court of Appeal answered that question by ruling that an employee’s refusal to sign a non-competition agreement during employment, which had been discussed when the employee was hired but presented to him three years after commencement of (…)

May 1, 2012

Theft or loss of a credit card: Who has the burden of proof?

This publication was authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. Lavery keeps a close eye on developments in consumer law. Its leading-edge expertise in the retail trade and class actions has been pointed (…)

May 1, 2012

The Ontario Superior Court Halts Exploratory Work by a Mining Company and Orders Tripartite Consultation with the First Nation and the Province

On January 3, 2012, the Ontario Superior Court ordered that Solid Gold Resources Corp. (“Solid Gold”), a junior mining exploration company, be enjoined from carrying on any further mineral exploration activity for 120 days on a parcel of land claimed by the Wahgoshig First Nation (…)

May 1, 2012

A decision “of interest” from the Court of Appeal of Québec

The notion of insurable interest is fundamental to insurance law as it is at the very heart of the validity of this contract. The lack of insurable interest leads to the nullity of the insurance policy and justifies the insurer’s refusal to indemnify its insured. In a decision rendered on March 2, (…)

May 1, 2012

The Court of Appeal authorizes retirees' class action against Vivendi

On February 29, 2012, the Quebec Court of Appeal reversed the judgment of the Quebec Superior Court that had dismissed the motion to authorize the bringing of a class action filed by Mr. Michel Dell’Aniello (“Dell’Aniello”) in connection with changes made unilaterally by (…)

May 1, 2012

The Oasis case: When juice turns to vinegar – The impact of social media on justice

Two Lassonde companies (hereinafter Lassonde), holders of the OASIS trade-mark used mainly to identify fruit juices, instituted legal proceedings against Oasis d’Olivia Inc., requesting that the Quebec Superior Court order it to stop using the OLIVIA’S OASIS trade-mark for soap, and to pay exemplary (…)