On May 12, 2006, the Court of Appeal rendered a decision in a case involving the concept of intentional fault. This judgement once again further complicates the idea of an intentional fault committed by an insured.
On June 14th, Bill 30, entitled An Act to amend the Supplemental Pension Plans Act, particularly with respect to the funding and administration of pension plans, was tabled in the National Assembly by Ms. Michelle Courchesne, the Minister of Employment and Social Solidarity. The highlights of the (…)
The Supreme Court's analysis of punitive damages will have limited scope in Quebec civil law given the different rules governing the awarding of such damages. The abusive refusal of a claim by an insurer does not necessarily result in an award for punitive damages. However, if such a refusal (…)
Enacted in June 1998, the Tobacco Act (the «Act») is a major component of the Government of Quebec’s strategy to fight smoking.In June 2005, Quebec’s legislature reinforced the Act by adopting the Act to amend the Tobacco Act and other legislative provisions (the (…)
In most cases, the interests of the shareholder or of the member who arranged for the nominee's election should correspond to the best interests of the company. Precautions must and can be taken to avoid problems.
On February 2, 2006, the Quebec Court of Appeal rendered an interesting judgement involving directors’ liabilities in the case of Johnson and Marcil v. André Arthur et al (500-09-012808-028), a lawsuit for slander.
Generally, Labour Relations laws assume the interaction of two parties, an employer and an employee. The employee offers his services, for pay, to an employer, who determines the working conditions and ensures discipline. This is a bipartite relationship. However, when a business entrusts the (…)
In a judgment rendered on February 7, 2006, the Quebec Court of Appeal reiterated the obligations of the employer and the employee to play a role in seeking a reasonable accommodation. In cases where a collective agreement exists, the union has the same obligation.More specifically, the Court of (…)
The new Quebec Parental Insurance Plan: What should you know?
Are the Courts Distorting the Nature of Class Actions?
Since June 1, 2004, the Labour Standards Act (hereinafter the "L.S.A.") requires employers to provide a work environment free from psychological harassment. Thus, employers must, as a first step, take reasonable measures to prevent psychological harassment and then, whenever they become (…)
Some important changes to the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (the “Act”) took place effective January 1 st, 2006.The Act generally applies to all legal persons, partnerships and individuals carrying on an activity in the (…)
Disability Insurance: the Right to a Counter Expertise