Publications
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Directors of Quebec non-profit organizations (NPOs)
A person who agrees to be a director of a non-profit organization should not consider his role to be a honorary one or think that his obligations are limited to giving or collecting money or providing advice to its officers. All directors have the same duties and are ultimately subject to the same (…)
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Bird flu: businesses asleep at the wheel could wake up with a nasty headache
As the poultry farming crisis looms and countries are on the lookout for outbreaks of infection, scientists are closely following the evolution of the virus, which is moving to new sources of infection.Before a crisis is on our doorstep, businesses should prepare themselves for the consequences of a (…)
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Is it permissible to communicate with the employees of the opposite party? Do the employees then have a duty of loyalty?
These questions arise periodically and always pose problems of conscience for the lawyers and employers concerned. A recent decision of the Court of Appeal sets out the latest state of the law on the subject.
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The Court of Appeal on the concept of intentional fault: insurers have a heavy burden of proof
On May 12, 2006, the Court of Appeal rendered a decision in a case involving the concept of intentional fault. This judgement once again further complicates the idea of an intentional fault committed by an insured.
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New funding and governance rules for defined benefit pension plans: the legislature takes a position
On June 14th, Bill 30, entitled An Act to amend the Supplemental Pension Plans Act, particularly with respect to the funding and administration of pension plans, was tabled in the National Assembly by Ms. Michelle Courchesne, the Minister of Employment and Social Solidarity. The highlights of the (…)
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The Supreme Court of Canada sets aside the award for punitive damages against an insurer
The Supreme Court's analysis of punitive damages will have limited scope in Quebec civil law given the different rules governing the awarding of such damages. The abusive refusal of a claim by an insurer does not necessarily result in an award for punitive damages. However, if such a refusal (…)
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Cross-Border Class Actions - A Canadian Perspective
Cross-Border Class Actions - A Canadian Perspective
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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 (…)