Publications
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When Should a Director Resign?
The title of this Newsletter was deliberately chosen to attract attention, because while very relevant, the question nevertheless receives little attention. Moreover, proper comprehension of the issue is often clouded by ignorance of the applicable rules, by conflicts of interest or by a certain (…)
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Recent CLP Decision: the obligation to give reasons for its decisions and the power to issue a stay of proceedings
On January 22, 2007, the Commission des lésions professionnelles (the "Board") handed down a decision in Harvey et Brasserie Labatt ltée further to a motion for revocation filed by the employer against a decision rendered by a first commissioner.This decision deals with the reasons that (…)
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Disability and the duty to accommodate: loss of seniority and loss of employment clauses are still relevant!
The Supreme Court of Canada recently handed down a highly anticipated judgment in McGill University Health Centre (Montreal General Hospital) (the “MUHC”) vs. Syndicat des employés de l’Hôpital Général de Montréal (2007 SCC 4). This case sets out the scope of an employer’s (…)
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Discrimination at work: Grievance Arbitrator or Human Rights Tribunal of Quebec... The debate rages on!
On November 30, 2006, the Human Rights Tribunal of Quebec released a judgment in which it concluded that a grievance arbitrator did not have jurisdiction over litigation stemming from allegations of employment discrimination.In the case of Commission des droits de la personne et des droits de la (…)
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The insurer's duty to inform: an increasingly heavy burden
It is known that an insurer has a considerable duty to inform in group insurance. The Superior Court in a decision specified the extent of this duty in Tanguay et al v. L'Ordre des ingénieurs du Québec and The Manufacturers Life Insurance Company of North York, doing business under the name (…)
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Absenteeism and the Duty to Accommodate: the Supreme Court grants Hydro-Québec Leave to Appeal
Absenteeism and the Duty to Accommodate: the Supreme Court grants Hydro-Québec Leave to Appeal
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Lavery, de Billy wins two class action lawsuits
Lavery, de Billy wins two class action lawsuits
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Disability and duty to accommodate: The Supreme Court of Canada allows the employer's appeal
Disability and duty to accommodate: The Supreme Court of Canada allows the employer's appeal
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The liability of manufacturers and specialized sellers: the Court of Appeal tightens the screw
The Court of Appeal rendered an important decision on October 31, 2006, which dealt with the liability of manufacturers and professional sellers, as well as several other related issues. More specifically, the Court of Appeal tightened the screw on the issue of manufacturers' presumed knowledge of (…)
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Compulsory deduction of drug insurance premiums: a new obligation for employers
Do you offer your employees group insurance? If so, since January 1, 2007, under the Act respecting prescription drug insurance, you must deduct directly from the remuneration paid to each of your employees his or her portion of the premium applicable to the basic prescription drug insurance (…)
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Neighbourhood annoyances: the Court of Appeal rules against the principle of no fault liability
On October 31, 2006, the Court of Appeal rendered two key decisions on the issue of neighbourhood annoyances in Quebec. It is greatly to their credit that these two judgments represent a return to more reasonable legal bases on this issue. The two Court of Appeal decisions followed trial court (…)
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