In the decision 2108805 Ontario Inc. v.
Boulad[1] rendered on January 25, 2016, the
Quebec Court of Appeal overruled the trial judge who had considered
that the change of employer resulting from a change of ownership
constituted a unilateral and substantial modification of Mr.
Boulad's essential terms and conditions of employment and
therefore awarded him an indemnity in lieu of notice of termination
of employment equivalent to 24 months of salary and benefits.
Mr. Boulad was director of a hotel owned by the Westmount
Hospitality Group ("Westmount") an
important international hotel group. Westmount sold the hotel for
which Mr. Boulad was responsible to Jesta, a much smaller hotel
group. Pursuant to the transaction and to section 2097 of the
Civil Code of Quebec ("CCQ"),
Jesta undertook to continue Mr. Boulad's employment under the
same terms and conditions of employment. Mr. Boulad refused to
pursue employment with Jesta and asked Westmount to relocate him
