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  • Article

    Economic Hardship And Termination Of Employment

    A recent judgment of the Québec Court of Appeal reiterated that even if an employer is going through unexpected economic hardship and must terminate an employee, the employer must still give him notice under Article 2091 of the Civil Code of Québec.
    CanadaEmployment and HR
    Robinson Sheppard Shapiro
    Robinson Sheppard Shapiro
  • Article

    Website User Comments: To Monitor Or Not?

    In January 2012, the Québec Court of Appeal dismissed the appeal from a Superior Court decision awarding damages against a website owner for defamatory content on its website.
    CanadaLitigation, Mediation & Arbitration
    Robinson Sheppard Shapiro
    Robinson Sheppard Shapiro
  • Article

    Venting Your Frustrations On Facebook? Think Twice

    The Superior Court of Québec recently rendered a decision that has a direct impact on the use of social media applications to which both adults and children are growing more accustomed.
    CanadaMedia, Telecoms, IT, Entertainment
    Robinson Sheppard Shapiro
    Robinson Sheppard Shapiro
  • Article

    Claims Made And Reported In E&O Policies And Prior Knowledge Of The Insured

    The Quebec Superior Court recently ruled, in Teolis et Clinique Podiatrique de l'Est inc. c. Iacono, Lloyd's et American Home, that two professional liability carriers insuring a financial planner were not obliged to compensate a claim made by the client of the financial planner.
    CanadaInsurance
    Robinson Sheppard Shapiro
    Robinson Sheppard Shapiro
  • Article

    The Importance Of Negotiating In Good Faith

    Article 1375 of the C.C.Q. states that parties must generally interact in good faith. Under Québec law, the duty to act in good faith is implicit in every contract and is defined as the absence of malicious intent in a prudent and diligent contracting party.
    CanadaCorporate/Commercial Law
    Robinson Sheppard Shapiro
    Robinson Sheppard Shapiro
  • Article

    A Reminder Of The Basic Differences Between A Builder's Risk Policy And A Liability Policy

    In the recent case of Bridor inc. c. 90784497 Québec inc., 2022 QCCS 2496, the Superior Court ruled on the fundamental distinctions between a Builder's Risk policy and a liability insurance policy.
    CanadaInsurance
    Robinson Sheppard Shapiro
    Robinson Sheppard Shapiro
  • Article

    Case Comment - Rehabilitated But Not Entitled To Be Reconsidered

    Can an employer rely on an individual's previous discharge for chronic absenteeism related to alcoholism, judged by an arbitrator to have been for cause, to deny him/her subsequent consideration for rehire into another position, even in the face of apparent sobriety and "rehabilitation"?
    CanadaEmployment and HR
    Robinson Sheppard Shapiro
    Robinson Sheppard Shapiro
  • Article

    Duty To Defend: Recent Court Of Appeal Judgement

    On October 29, 2009, the Court of Appeal rendered a judgment in Hôtel Fairmount Inc. Société en commandite Manoir Richelieu vs. Schecter dealing with the duty to defend.
    CanadaInsurance
    Robinson Sheppard Shapiro
    Robinson Sheppard Shapiro
  • Article

    Temporary Suspension Of The Obligation For Corporations To Provide French Translation Of English Court Proceedings

    In Mitchell c. Procureur général du Québec, 2022 QCCS 2983, Madam Justice Chantal Corriveau of the Superior Court has just suspended the coming into force of sections 9 and 208.6...
    CanadaLitigation, Mediation & Arbitration
    Robinson Sheppard Shapiro
    Robinson Sheppard Shapiro
  • Article

    The Excavator Lost Its Mind, But The Court Of Appeal Did Not!

    You may recall our newsletter of July 17, 2023, summarizing a judgment concerning the important burden placed on a manufacturer by the Civil Code of Québec (C.C.Q.).
    CanadaInsurance
    Robinson Sheppard Shapiro
    Robinson Sheppard Shapiro
  • Article

    Construction And Loss Of The Work: When Does The Countdown Start?

    When it comes to prescription, it is often difficult to determine a starting point and a precise calculation...
    CanadaReal Estate and Construction
    Robinson Sheppard Shapiro
    Robinson Sheppard Shapiro
  • Article

    Medical Certificates And Bill C-68: What Are The Consequences For Employers?

    The Act mainly to reduce the administrative burden of physicians ("Bill 29") was passed on October 8, 2024. These provisions amend the Act respecting labour standards (the "ALS")
    CanadaEmployment and HR
    Robinson Sheppard Shapiro
    Robinson Sheppard Shapiro
  • Article

    A Message To Franchisors: "Mind Your Brand"

    In the decision Bertico Inc. et al v. Dunkin' Brands Canada Ltd. (2012 QCCS 2809), the Superior Court of Quebec emphasized some of the consequences that might be faced by a franchisor which let its brand "slide" or failed to protect and enhance it.
    CanadaCorporate/Commercial Law
    Robinson Sheppard Shapiro
    Robinson Sheppard Shapiro
  • Article

    According To The Court Of Appeal, Failure To Send A Notice To A Buyer Is Fatal

    In a recent judgment, the Court of Appeal reiterates that the obligation of a buyer to give a notice of the defect to the vendor in virtue of Article 1739 C.c.Q., is an essential condition to the success of a legal action instituted based on the warranty of quality
    CanadaInsurance
    Robinson Sheppard Shapiro
    Robinson Sheppard Shapiro
  • Article

    Buying A Century-old Property: An Extra Measure Of Care Is Required

    While looking for a home, you fall for a century-old residence: what should you do? Make sure you carry out certain verifications before closing the sale. Although the legal warranty of quality...
    CanadaLitigation, Mediation & Arbitration
    Robinson Sheppard Shapiro
    Robinson Sheppard Shapiro
  • Article

    The Right To Data Portability In Quebec: What Organizations Need To Know

    As of September 22, 2024, the last chapter of a significant shift in data privacy will unfold in Quebec. The right to data portability takes effect under the newly amended Quebec Act...
    CanadaPrivacy
    Robinson Sheppard Shapiro
    Robinson Sheppard Shapiro
  • Article

    Notice Of Termination Of Employment In Quebec — Latest Pronouncements From The Quebec Court Of Appeal

    The American doctrine of "employment at will" exists nowhere in Canada!
    CanadaEmployment and HR
    Robinson Sheppard Shapiro
    Robinson Sheppard Shapiro
  • Article

    The Certificate Of Insurance: A Mere Formality Or An Essential Condition?

    On March 10, 2022, the Honourable Bernard Jolin of the Superior Court rendered a judgment dismissing three Wellington applications filed by Hydro-Québec against Lloyd's Underwriters...
    CanadaInsurance
    Robinson Sheppard Shapiro
    Robinson Sheppard Shapiro
  • Article

    Fraudulent Statements: Always A Question Of Credibility… And Of Interest!

    In a recent judgment, the Court of Appeal reviews and confirms the Superior Court's decision in Paul-Hus v. Sun Life Assurance Company, which was commented...
    CanadaInsurance
    Robinson Sheppard Shapiro
    Robinson Sheppard Shapiro
  • Article

    Claiming Solicitor-Client Fees When Enforcing Contractual Rights In Quebec

    Among the first questions that a client tends to ask his attorney prior to instituting legal proceedings for the enforcement of a contract or a contractual right is: Who is going to pay my legal fees?
    CanadaCorporate/Commercial Law
    Robinson Sheppard Shapiro
    Robinson Sheppard Shapiro

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