Publications

June 1, 2006

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 (…)

May 1, 2006

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.

May 1, 2006

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.

April 1, 2006

The Kyoto Protocol: three steps to take under the legal framework

The Kyoto Protocol: three steps to take under the legal framework

March 1, 2006

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 (…)

March 1, 2006

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 (…)

March 1, 2006

Canada: Class Actions in Competition Damage Matters (Available in French only)

Canada: Class Actions in Competition Damage Matters (Available in French only)

January 1, 2006

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 (…)

January 1, 2006

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 (…)

January 1, 2006

The new Quebec Parental Insurance Plan: What should you know?

The new Quebec Parental Insurance Plan: What should you know?

January 1, 2006

Are the Courts Distorting the Nature of Class Actions?

Are the Courts Distorting the Nature of Class Actions?

December 1, 2005

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

December 1, 2005

Disability Insurance: the Right to a Counter Expertise

Disability Insurance: the Right to a Counter Expertise