Publications

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 (…)

March 31, 2015

Verifying impediments

Children are precious, and their health, safety and well-being are at the very heart of childcare providers’ responsibilities. Several actors work with or alongside children on a daily or occasional basis in order to provide them care and education. In selecting people who work with children, (…)

March 20, 2015

Constructive dismissal revisited by the Supreme Court of Canada

Following the key judgments in Farber1 and Cabiakman2, the Potter3 judgment rendered on March 6, 2015 by the Supreme Court of Canada (the “Court”) emerges as another indispensable judgment in employment law. In this judgment, the Court decided that the administrative suspension with pay of an (…)

March 10, 2015

Dismissal without cause makes its way to the Canada Labour Code: The Federal Court of Appeal decides

On January 22, 2015, the Federal Court of Appeal rendered an extremely important decision,1 unanimously holding that dismissal on a without cause basis does not necessarily constitute “unjust dismissal” under the Canada Labour Code (the “Code”).2 With its decision in Wilson v. Atomic Energy of (…)