Publications

July 1, 2013

Legal newsletter for real estate professionals, Number 7

CONTENT  What Happens when an Option to Terminate is not Exercised in Accordance with its Terms? The Landlord's Obligation to Provide Peaceful Enjoyment WHAT HAPPENS WHEN AN OPTION TO TERMINATE IS NOT EXERCISED IN ACCORDANCE WITH ITS TERMS?Chantal JoubertAn option for the renewal or (…)

July 1, 2013

Supreme Court of Canada rules on random alcohol testing

The Supreme Court of Canada recently rendered a divided decision in which it concluded that an employer’s policy imposing mandatory random alcohol testing was not justified.1 This decision is of interest to employers in Quebec since it confirms arbitral case law on the subject.BackgroundIn (…)

July 1, 2013

Can smoking at work justify an automatic dismissal?

In a recent arbitration award, an arbitrator assessed a company's internal policy which provided for the dismissal of any employee caught smoking at the employer's plant of on its property, even in the case of a first offence.1THE DISPUTEThe plaintiff worked at ADM Milling Co.’s flourmill for (…)

July 1, 2013

Special Quorums : Recent news on responsible defences with respect to shareholder activism

In September 2012, we reported that the Supreme Court of British Columbia had rendered a judgment1 confirming that a corporate policy imposing an advance nomination process for a shareholders’ meeting was reasonable and did not infringe the shareholders' rights relating to the election of the (…)

July 1, 2013

Failure to comply with the provisions of the Regulation respecting the application of the Consumer Protection Act dealing with notices of forfeiture of the benefit of the term

Although non-compliance with the Consumer Protection Act (the “CPA”) is generally sanctioned by the nullity of the CPA non-compliant clauses, or of the contract in its entirety, in cases involving written notices of forfeiture of the benefit of the term, the courts have sometimes decided (…)

June 1, 2013

Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 20

CONTENTS  Life Insurance Policy: How to Extract Funds from a Corporation with No Tax Impact Constructive Dismissal Analyzed in the Context of a Business Acquisition The Right of Withdrawal, a Controlled Form of Contractual Freedom Transfers of Residences Involving a Spousal Testamentary Trust  (…)

June 1, 2013

E-Distribution of Insurance Products: the CCIR Publishes its Recommendations

In January 2012, the Electronic Commerce Committee of the Canadian Council of Insurance Regulators (CCIR)1 released an issue paper entitled “Electronic Commerce in Insurance Products”, through which it invited insurers and intermediaries to provide feedback on certain targeted issues (…)

June 1, 2013

A wake-up call to merchants : The cost of “illegible” consumer contracts

Recently, the Court of Québec reminded merchants of their responsibility to ensure that consumers are cognizant of important contractual clauses at the time a contract is entered into. In the case of 159191 Canada inc. (Discount Location d’autos et camions) c. Waddell1, the Court had to decide (…)

June 1, 2013

Legal newsletter for business entrepreneurs and executives, Number 17

BILL 1: NEW REQUIREMENTS FOR PUBLIC CALLS FOR TENDERSNearly everybody talks about it. The Integrity in Public Contracts Act, also referred to as Bill 1, has been assented to on December 7, 2012 after an expedited review process of barely three months. Everybody is talking about it because the Act (…)

June 1, 2013

Amendments made to the Act respecting insurance of Quebec to allow transfers between participating funds and non-participating funds

On June 14, 2013, the Act respecting insurance (Quebec) (the "Act") was amended by sections 1 to 5 of An Act to amend various legislative provisions mainly concerning the financial sector. The new sections, 66.1.1 to 66.1.6, have been added to the Act in order to henceforth allow an (…)

June 1, 2013

'I lied, but I did so in good faith!¹'

The pre-hiring process is a key step to the viability of the employer-employee relationship. Both the employer and the applicant must not underestimate the importance of this process which establishes the basis of their contractual relationship. This process is governed by a legislative framework (…)

May 1, 2013

To What Extent are Insurers Required to Cover Premises where Criminal Activities are Conducted?

In a recent decision by the Court of Appeal of Québec, the Honourable Jacques Chamberland, J.C.A. reviewed the application of exclusion clauses contained in a home insurance policy in the context of criminal activities1.THE FACTSThe Appellant, Union canadienne compagnie d’assurance insured the (…)

April 1, 2013

A first concrete step in combating counterfeiting

The production and circulation of counterfeit products have been an economic and social problem for some time. Not only can such products pose a safety risk to consumers who use them, counterfeit products also lead to considerable lost income for legitimate businesses, decrease consumer confidence (…)