Publications

February 28, 2018

Is workplace discrimination everyone’s business?

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 (…)

February 21, 2018

Freedom of association of physicians practising at a specialized medical centre: the Supreme Court of Canada declines to intervene

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 (…)

February 20, 2018

The contract may remain in force despite misrepresentations or latent defects because the consumer has obligations too

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 (…)

February 15, 2018

Standing Senate Committee of Canada's Transport and Communications issues report on driving of smart vehicles

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 (…)

February 9, 2018

Securities and class actions: screening authorizations

Anyone who wants to bring an action in damages relating to the secondary securities market must prove that the action is brought in good faith and has a reasonable chance of success (s. 225.4 QSA). In Quebec,1 as elsewhere in Canada,2 no prior disclosure of evidence may be obtained by plaintiff (…)

February 6, 2018

Artificial Intelligence, Implementation and Human Resources

In this era of a new industrial revolution, dubbed as “Industry 4.0”, businesses are facing sizable technological challenges. Some refer to smart plants or the industry of the future. This revolution is characterized by the advent of new technology that allows for the “smart” automation of human (…)

February 2, 2018

Caron confirms that employers have a duty to accommodate workers with an employment injury

On February 1, 2018, the Supreme Court of Canada rendered an important decision in Commission des normes, de l’équité, de la santé et de la sécurité du travail (“CNESST”) v. Caron1 (“Caron”), confirming the position expressed by the Court of Appeal in 20152 as well as the state of the law regarding (…)

January 26, 2018

Class Actions to Watch this Year

Year in and year out, the Superior Court of Quebec releases around 175 judgments in class actions matters, and 2017 was no exception. With two years having passed since the reform of civil procedure, the courts have had an opportunity to clarify the effect of a number of new provisions: the low (…)

January 12, 2018

Bill 162: An Act to amend the Building Act and other legislative provisions mainly to give effect to certain Charbonneau Commission recommendations

Tabled on December 1, 2017 by Lise Thériault, the Minister responsible for Consumer Protection and Housing, the main purpose of Bill 162 is to give effect to certain recommendations contained in the final report of the Commission of inquiry on the awarding and management of public contracts in the (…)

January 10, 2018

New developments regarding the criminal negligence of employers

On August 31, 2017, the Ontario Court of Justice sentenced1 Detour Gold Corporation (“Detour Gold”) to pay a fine of $2,625,333 after it pleaded guilty to a charge of criminal negligence causing the death of an employee. Facts Detour Gold has operated an open pit mine near the Ontario-Québec (…)

December 20, 2017

Prescription and Indirect Victims of Bodily Injury: the Supreme Court Rules

On October 13, 2017, the Supreme Court of Canada rendered an important decision1, putting an end to a jurisprudential and doctrinal debate on civil liability and prescription in the field of municipal liability. Facts In October 2010, Ms. Maria Altragracia Dorval ("Dorval") was murdered by her (…)

December 15, 2017

Latest developments in the Canadian infrastructures market

TABLE OF CONTENTS Latest developments in the Canadian infrastructures market British Columbia Throne Speech promises new public transportation and healthcare infrastructures InstarAGF completes the final close of InstarAGF Essential Infrastructure Fund First Action Plan for Québec’s (…)

December 15, 2017

The public tendering process: are there alternatives to the lowest bidder rule?

In Québec, both at the provincial and municipal levels, the awarding of contracts by government bodies for construction work and material supply seems, for the most part, to be governed by the lowest bidder rule. Nevertheless, the Charbonneau Commission highlighted the many drawbacks to this method: (…)