In late November 2007, the Supreme Court rendered a judgment on the law of sale in Quebec in the case of ABB Inc. v. Domtar Inc. in which it pointed out important differences between Quebec law and the law of the other Canadian provinces regarding limitation of liability clauses. It also clarified (…)
On September 27, 2007, Mr. Justice Jean-Guy Dubois of the Superior Court rendered a judgment interpreting the definition of the word “insured” in an insurance policy, more particularly as regards the exclusion of damages caused to a [Translation] “person living under the same roof (…)
Settlements: Don't Forget the Tutorship Council!
Since January 1, 2008, the “specialized medical centres” provided for in the Act to amend the Act respecting health and social services and other legislative provisions are part of our healthcare system. They were created in response to the Supreme Court’s decision in the (…)
A last chance agreement is an arrangement entered into between an employer, an employee with serious and persistent behavioral problems and, where applicable, the union, that gives the employee a final chance. Such an agreement imposes strict conditions to be met by the employee in order to maintain (…)
December 13th is coming up fast! Is your pension committee ready?
In its judgment in Bourcier v. La Citadelle rendered on September 4, 2007, the Court of Appeal confirmed that the insured accident victim must inform the insurer no later than one year following the date of the accident, in accordance with Article 2435 C.C.Q. Failure to do so results in forfeiture (…)
On September 26, 2007, the Court of Appeal dismissed the appeal of appellant Citizens for a Quality of Life and upheld the judgment of the Superior Court dated December 14, 2004, which had refused to grant its motion for authorization to institute a class action against Aéroports de Montréal on the (…)
On August 16, 2007, the Court of Appeal issued a judgment pertaining to the absence of an initial discloser of risk to the new insurer in the context of the transfer of an insurance portfolio by a broker. An insurer who accepts the transfer of a policy without ascertaining its current exposure to (…)
The Code of ethics of advocates (R.R.Q., 1981, c. B-1, r.1) (the “Code”) applies to all lawyers inscribed on the Roll of the Order of Advocates “regardless of the context or manner in which he engages in his professional activities or the nature of his contractual relationship with (…)
Our Client Transat Tours Canada Inc. Prevails in the Supreme Court - A precedent Favourable to Canadian Businesses Is Established in a Matter Involving Injunctions and Private International Law
Recent Amendments Concerning the National Holiday: Enactment of Bill 10 and its Impacts on Certain Employers