Publications

March 16, 2015

The Charter of the French Language reviewed by the Court of Québec

The Court of Québec has recently examined the application of the Charter of the French Language (the “Charter”) in the case of Boulangerie Maxie’s 1. This decision provides clarification as to what constitutes a “markedly predominant” use of the French language in advertising and public signs. The (…)

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 (…)

March 2, 2015

Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 26

SOMMAIRE US Parent corporations sending employees into Canada to subsidiaries – General tax issues and remedy Business trips to Canada: Business visitor status or work permit? US Parent corporations sending employees into Canada to subsidiaries – General tax issues and remedy Emmanuel Sala, (…)

March 2, 2015

Federal government announces new measures to encourage mining exploration in Canada

On March 1st, 2015, the federal Minister of Finance, Joe Oliver, and the federal Minister of Natural Resources, Greg Rickford, announced important new measures to support Canada’s mining industry in a speech at the Prospectors and Developers Association of Canada (PDAC) 2015 Convention. The (…)

February 27, 2015

Time limit for handling complaints from health care consumers: the Supreme Court of Canada refuses to intervene

On February 26, 2015, the Supreme Court of Canada dismissed Dr. Gilbert Liu's application for leave to appeal a Court of Appeal decision concerning the time limit for handling complaints from users of health institutions. In a unanimous decision rendered September 4, 2014, the Court of Appeal (…)

February 19, 2015

The dismissal of an emergency room employee for breach of confidentiality is confirmed

In a decision rendered on December 30, 20141, arbitrator Nathalie Faucher concluded that the dismissal imposed by a hospital centre on an employee for breach of confidentiality was well-founded. The employee, an administrative agent at the emergency room of the hospital centre, was dismissed for (…)

February 16, 2015

A corporation receives a hefty fine and two of its officers face jail time for violations of the Ontario occupational health and safety regulations

On January 13, 2015, New Mex Canada Inc. ("New Mex"), an Ontario corporation and employer in that same province, was sentenced to pay a fine of $250,000 while two of its officers each received 25-day prison terms after pleading guilty to several offences under the Ontario occupational health and (…)

February 13, 2015

Hiring in the New Year? What to do when a new recruit overpromises and underdelivers?

A recent decision1 by the Commission des relations du travail (“CRT”) highlights the plight of an employer faced with an employee who oversold his abilities during the job interview and later proves incapable of delivering on his promises. In this case, Laurentian Bank Securities inc. (“Laurentian”) (…)

January 30, 2015

The Supreme Court of Canada further clarifies the rights of workers

On January 30, 2015, in the Saskatchewan Federation of Labour v. Saskatchewan (2015 SCC 4) decision, the Supreme Court of Canada further clarified the scope of the rights of workers pursuant to section 2(d) of the Canadian Charter of Rights and Freedoms (the “Charter”). Indeed, in its 2007 decision (…)

January 14, 2015

Canada strengthens the protection of copyright and trademark rights with the enactment of new border enforcement measures

Since January 1st 2015, the sections of the Act to amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts (“the Act”) with respect to the new border enforcement measures have come into force in Canada. The purpose of the Act is to help Canadian copyright (…)

January 13, 2015

Vapour intrusion

In the United States, new rules will soon be taking effect making consideration of vapour intrusion risk a mandatory step in the Phase I environmental site assessment (ESA) process. Companies should review their real estate portfolios and consider whether properties may be at risk. In Canada, (…)

December 17, 2014

Ditomene c. Boulanger, the next round: the Court of Appeal holds that procedural fairness rules need not be followed in the context of an employer’s investigation into alleged harassment

In a unanimous decision dated November 17, 2014,1 the Court of Appeal of Québec held that the procedural fairness rules applicable in administrative and public law do not apply in the context of a psychological harassment investigation conducted by an employer. As a result, the Court set aside the (…)

December 17, 2014

An employer can file a counter claim against an employee in the context of proceedings instituted by the Commission des normes du travail in order to enforce the right of set-off

In Commission des normes du travail v. Compagnie d'assurances Standard Life du Canada,1 (the “Standard Life of Canada case”), the Court of Québec allowed an employer to file a counterclaim against an employee in the context of proceedings instituted by the Commission des normes du travail (“CNT”) on (…)