Publications

August 10, 2016

Dismissal without cause under federal law: The Supreme Court of Canada closes the door

The case of Wilson v. Atomic Energy of Canada Limited1 came to a close on July 14, 2016, when the Supreme Court of Canada (the “Supreme Court”) reversed a controversial Federal Court of Appeal decision in which it had been held that a dismissal without cause was not necessarily an “unjust dismissal” (…)

August 4, 2016

The Canadelle case and the importance of contesting certain CNESST decisions promptly

On June 17, 2016, the Superior Court1 affirmed the 2014 decision of the Commission des lésions professionnelles2 (“CLP”) in Canadelle, s.e.c. and Commission de la santé et de la sécurité du travail.3 This decision put an end to the jurisprudential controversy regarding the application of sections 31 (…)

July 22, 2016

The lack of conclusive scientific evidence is not necessarily a fatal bar to proving causation in relation to an occupational disease, according to the Supreme Court of Canada

Last June 24th, the Supreme Court of Canada (the “Supreme Court”) rendered judgment in the case of British Columbia (Workers’ Compensation Appeal Tribunal) v. Fraser Health Authority1 (“Fraser”). Briefly, this case involved seven laboratory technicians from the same hospital who had breast cancer. (…)

April 12, 2016

No indemnity for federal employees on preventive withdrawal

In December 2015, the Court of Appeal of Quebec in Éthier v. Compagnie de chemins de fer nationaux du Canada1 confirmed that section 36 of the Act Respecting Occupational Health and Safety (“AROHS”)2 does not apply to federal undertakings and that, accordingly, a worker who is pregnant or (…)

March 24, 2016

Tobacco Control and E-cigarettes: New Challenges for Businesses

Bill 44 has been adopted in the context of a major expansion of electronic cigarette sales.1 Bringing with it significant legislative reforms, this Bill regulates the use of electronic cigarettes in much the same way as it does tobacco. It also amends the Tobacco Act,2 changing its name to the (…)

January 29, 2016

Right to return to work: The jurisdiction of the arbitrator or of the CNESST and TAT?

On November 24, 2015, the Québec Court of Appeal rendered a much anticipated judgment in the case of Université McGill v. McGill University Non Academic Certified Association (MUNACA)1 (“McGill”). In this judgment, the Court dispelled the ambiguity that has existed for several years in the case law (…)

January 26, 2016

Three important rulings rendered in 2015 by the Tribunal administratif du Québec regarding attending physicians

Over the past year, the Tribunal administratif du Québec (TAQ) has issued several rulings dealing with oversight of the medical practice of professionals working in health and social services institutions. Several of these rulings will be of interest to institutions since they set out principles (…)

January 18, 2016

Knowledge of English as a requirement for employment: A Tower of Babel

The purpose of this newsletter is to raise the awareness of employers regarding the problems related to making knowledge of English a requirement for employment. Section 46 of the Charter of the French Language (the “Charter”)1 provides that “[A]n employer is prohibited from making the obtaining of (…)

January 13, 2016

Fatal work injury: Metron’s project manager sentenced to three and a half years in prison

On January 11, 2016, Vadim Kazenelson, a project manager for Metron Construction Corporation (“Metron”), was sentenced to three and a half years in prison.1 This sentence follows the decision rendered on June 26, 2015 in which the Superior Court of Ontario found Mr. Kazenelson guilty of the five (…)

September 9, 2015

The importance of good communication
with one’s insurer: a childcare center is sued

PROVIDERS OF EDUCATIONAL CHILDCARE SERVICES, SUCH AS CHILDCARE CENTRES AND DAYCARE CENTRES, MUST HOLD VARIOUS TYPES OF INSURANCE COVERAGE, INCLUDING PROPERTY AND LIABILITY INSURANCE. ALTHOUGH SOME MAY THINK THAT THE SIMPLE FACT OF TAKING OUT SUCH INSURANCE COVERAGE IS ENOUGH TO PROTECT THEM, YOU (…)

July 7, 2015

Bill 42 and the reorganization of the Quebec labour-related institutions

Last June 12, Bill 42, entitled « An Act to group the Commission de l’équité salariale, the Commission des normes du travail and the Commission de la santé et de la sécurité du travail and to establish the Administrative Labour Tribunal1 » (the « Loi Act to group the CÉS, the CNT and the CSST and (…)

June 29, 2015

An important decision of the Court of Appeal of Quebec changes the way the employer’s duty to accommodate applies to employment injuries

On June 15th, the Court of Appeal of Quebec, in Commission de la santé et de la sécurité du travail v. Caron,1 issued an important judgment that changes the law governing an employers’ duty to accommodate employment injuries. The Court in Caron held that it needed to intervene to harmonize the Act (…)

May 6, 2015

Reminder to employers : The deadline for complying with certain regulatory provisions for safe asbestos management expires June 6, 2015

In Quebec, it is possible to find materials and products containing asbestos in civil engineering works, construction materials, facilities and equipment in all types of buildings, whether industrial, commercial, public or residential. According to various sources, the need to adopt new standards on (…)