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 (…)
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 (…)
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 (…)
The Code of ethics of advocates (R.R.Q., 1981, c. B-1, r.1) (the “Code”) applies to all lawyers inscribed on the Roll of the Order of Advocates “regardless of the context or manner in which he engages in his professional activities or the nature of his contractual relationship with (…)
Our Client Transat Tours Canada Inc. Prevails in the Supreme Court - A precedent Favourable to Canadian Businesses Is Established in a Matter Involving Injunctions and Private International Law
Recent Amendments Concerning the National Holiday: Enactment of Bill 10 and its Impacts on Certain Employers
Regulation 45-106 and Restrictions on the Transfer of Securities: Did We Cry Wolf Too Fast?
The countdown has begun! Have the governance rules for your pension committee been set out in an internal by-law? If not, there's no time to lose! The deadline is December 13, 2007.In the wake of the increasing number of lawsuits in Quebec and elsewhere in Canada involving the responsibilities of (…)
Two of our partners honoured with Québec Bar Mérite awards
In accordance with its announcement in its Notice of Intent published on October 21, 2006, the federal government, on April 26, published the regulatory framework it favours for greenhouse gas emissions and other air pollutants.The “Regulatory Framework for Air Emissions”, despite its (…)
Can the cost of remedying a manufacturing defect be considered as damage resulting from an "accident" covered under a liability insurance policy?This is the question the Quebec Court of Appeal considered recently. Its judgement is of interest not only as regards to the Court of Appeal's (…)
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 (…)
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 (…)