Publications
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The Role of the Chair of the Board of Directors
The role and duties of a Chair are not defined and circumscribed in incorporating statutes (federal and Quebec) except in the case of Quebec government-owned corporations and then, only in part. Boards of directors have been at the centre of the public debate on corporate governance in recent years. (…)
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Class action and competition law: Toyota wins in the Court of Appeal
Class action and competition law: Toyota wins in the Court of Appeal
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New Labour Standards: Authorized Absences due to a Criminal Offence, the Disappearance of a Child or the Suicide of a Close Relative
New Labour Standards: Authorized Absences due to a Criminal Offence, the Disappearance of a Child or the Suicide of a Close Relative
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Who is Insured in the Blended Family Era?
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 (…)
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Settlements: Don't Forget the Tutorship Council!
Settlements: Don't Forget the Tutorship Council!
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Specialized Medical Centres: Newcomers in the Healthcare System
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 (…)
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Can Last Chance Agreements and the Duty to Accommodate Live Side-by-side?
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 (…)
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December 13th is coming up fast! Is your pension committee ready?
December 13th is coming up fast! Is your pension committee ready?
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Notice of Accident Insurance Claim: One Year, No More
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 (…)
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The Court of Appeal Warns Petitioners in Motions for Authorization Against Group Descriptions that are too Broad and Disproportionate
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 (…)
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New Insurer
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 (…)