Publications
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Two of our partners honoured with Québec Bar Mérite awards
Two of our partners honoured with Québec Bar Mérite awards
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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 (…)
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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 (…)
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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 (…)
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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 (…)
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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 (…)
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Discrimination at work: Grievance Arbitrator or Human Rights Tribunal of Quebec... The debate rages on!
On November 30, 2006, the Human Rights Tribunal of Quebec released a judgment in which it concluded that a grievance arbitrator did not have jurisdiction over litigation stemming from allegations of employment discrimination.In the case of Commission des droits de la personne et des droits de la (…)
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The insurer's duty to inform: an increasingly heavy burden
It is known that an insurer has a considerable duty to inform in group insurance. The Superior Court in a decision specified the extent of this duty in Tanguay et al v. L'Ordre des ingénieurs du Québec and The Manufacturers Life Insurance Company of North York, doing business under the name (…)
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Absenteeism and the Duty to Accommodate: the Supreme Court grants Hydro-Québec Leave to Appeal
Absenteeism and the Duty to Accommodate: the Supreme Court grants Hydro-Québec Leave to Appeal
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Lavery, de Billy wins two class action lawsuits
Lavery, de Billy wins two class action lawsuits
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Disability and duty to accommodate: The Supreme Court of Canada allows the employer's appeal
Disability and duty to accommodate: The Supreme Court of Canada allows the employer's appeal
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The liability of manufacturers and specialized sellers: the Court of Appeal tightens the screw
The Court of Appeal rendered an important decision on October 31, 2006, which dealt with the liability of manufacturers and professional sellers, as well as several other related issues. More specifically, the Court of Appeal tightened the screw on the issue of manufacturers' presumed knowledge of (…)