In a decision rendered on March 13, 20181, the Court of Appeal reiterated that caution is in order when making an application for confinement. The Court also took the opportunity to review the topic of confinement orders and the supervision and safety requirements that healthcare establishments have (…)
Technologies based on blockchains and AI imply a considerable change for our society. Being that the security of data exchanged is vital, companies must begin adopting a long-term approach right now. Many businesses develop services based on blockchains, in particular in the financial (…)
Many Canadians travel by airline. Aside from the pleasure of travel, certain inconveniences may sometimes occur, for both air carriers and passengers alike. A class action suit is often the preferred procedural vehicle for customers to assert their rights. Recent class actions authorized by the (…)
Since September 15, 2017, pharmacists have been obliged to provide itemized invoices not just to their clients but also to third parties such as insurers who are involved in the process of paying the cost of drugs. In response to this new obligation, the Association québécoise des pharmaciens (…)
On March 20, 2018, Minister Dominique Vien introduced the much-awaited bill no. 176 to the National Assembly of Quebec, entitled the Loi modifiant la Loi sur les normes du travail et d’autres dispositions législatives afin principalement de faciliter la conciliation « famille-travail » [An Act to (…)
The Court of Québec released an interesting judgment in December in a case involving civil liability and personal injury.1 On February 23, 2013, Plaintiff, Ms. Bourgault, went to Village Vacances Valcartier (“VVV”) to take part in a snow rafting activity. During a descent, she was twice thrown (…)
On January 24, the Quebec Court of Appeal1 released a very important decision on the application of section 326 of the Act respecting industrial accidents and occupational diseases2 (“A.I.A.O.D.”), thereby setting the record straight on the true effect of this provision. An employer will no longer (…)
Ledcor The issue in Ledcor1 was whether the builder’s risk policy taken out by the contractor that was contractually responsible for cleaning the windows of a building, covered damage to the windows caused by its poor cleaning work. The financial impact was significant since the cost of re-doing (…)
When an individual chooses to enter into an agreement via a management company, he has to accept all of the consequences of that decision, the good and the bad. This principle applies in particular to working relationships. In the Kucer case,1 the Superior Court recently confirmed that, (…)
Ariane Villemaire and Véronique Morin The Supreme Court held that the British Columbia Human Rights Code protects employees against all forms of discrimination in the workplace, even if the perpetrator of such discrimination is not their employer. On December 15, 2017, the Supreme Court (…)
On February 8, 2019, the Supreme Court of Canada dismissed the application by the Fédération des médecins spécialistes du Québec for leave to appeal from the judgment of the Court of Appeal of Quebec1 in a case concerning the freedom of association of physicians practising at a specialized medical (…)
This publication was authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. The duty to inform is one of the main obligations sellers owe to their purchasers. This applies in the context of civil law, business law or (…)
Introduction In January 2018, the Senate's Standing Committee on Transport and Communications (hereinafter the "Committee"), chaired by the Hon. David Tkachuk, published a report on the impact of automated vehicles in the country at the behest of the Minister of Transport of Canada. The first (…)