Publications

June 1, 2012

Can the refusal to sign a non-competition clause constitute just and sufficient cause for dismissal?

In a recent decision, Jean c. Omegachem inc., the Court of Appeal answered that question by ruling that an employee’s refusal to sign a non-competition agreement during employment, which had been discussed when the employee was hired but presented to him three years after commencement of (…)

May 1, 2012

The Ontario Superior Court Halts Exploratory Work by a Mining Company and Orders Tripartite Consultation with the First Nation and the Province

On January 3, 2012, the Ontario Superior Court ordered that Solid Gold Resources Corp. (“Solid Gold”), a junior mining exploration company, be enjoined from carrying on any further mineral exploration activity for 120 days on a parcel of land claimed by the Wahgoshig First Nation (…)

May 1, 2012

The Court of Appeal authorizes retirees' class action against Vivendi

On February 29, 2012, the Quebec Court of Appeal reversed the judgment of the Quebec Superior Court that had dismissed the motion to authorize the bringing of a class action filed by Mr. Michel Dell’Aniello (“Dell’Aniello”) in connection with changes made unilaterally by (…)

April 1, 2012

Negotiations in the construction industry: At last a role for the ultimate clients

Bill 33, whose very title announced the elimination of union placement of employees to improve the operation of the construction industry, was assented to on December 2, 2011, and it has raised a lot of comments.The media made a great deal of the changes proposed in this Bill, regarding mainly union (…)

March 1, 2012

The Superior Court orders the Régie des Rentes du Québec to Register Adverse Amendments

On September 9, 2011, the Quebec Superior Court allowed an application for judicial review of Synertech Moulded Products, Division of Old Castle Building (« Synertech ») and quashed two judgments rendered by the Economic Affairs Section of the Tribunal administratif du Québec (Quebec (…)

February 1, 2012

The Superior Court applies restrictive interpretation to additional hypothecs

The scope of additional hypothecs was examined by the Superior Court on September 6, 2011 in the case of Banque Nationale du Canada v. Larouche.At issue in this case was whether the additional hypothec provision contained in the deed of hypothec granted by Mr. Larouche in favour of the National Bank (…)

January 1, 2012

The Supreme Court confirms that not all aboriginal practices are protected by section 35 of the Constitution Act, 1982

The Supreme Court of Canada confirms that only those modern practices that maintain a reasonable degree of continuity with the practices, customs or traditions that were integral to an aboriginal groups pre-contact distinctive culture will be protected as an aboriginal right under section 35 of the (…)

January 1, 2012

Disciplinary Measures relating to the use of Computer Equipment : Coca-Cola is forced to reinstate an employee

The Commission des relations du travail (the «Commission») recently ruled on the way in which an employer proceeded to impose a disciplinary measure on an employee due to his use of computer equipment belonging to the employer.On October 11, 2011, the Commission allowed the complaint (…)

December 1, 2011

What if what was published on Facebook was admissible as evidence?

The advent of social networks such as MySpace, Facebook, Diaspora, Photobucket, Twitter, You Tube and others has brought significant changes to social relationships. In Quebec alone, more than 3,250,000 persons have a profile on Facebook. In 2010, the use of social media intensified in Quebec; (…)

December 1, 2011

Corporate directors in Quebec in the wake of the economic crisis

The role, and especially the liability, of corporate directors have evolved considerably over the last few decades. Obviously, the financial scandals of the 1990s are largely responsible for this change that began in the United States with the enactment of the Sarbanes-Oxley Act of 2002, prompting (…)

December 1, 2011

The Superior Court refuses to authorize a class action against a furniture and electrical household appliances giant

The Honourable Justice Louis-Paul Cullen of the Superior Court rendered a judgment on September 23, 2011 which dismissed a motion for authorization to exercise a class action instituted by Mr. Kerfalla Toure (hereinafter 'Toure') against Brault & Martineau (hereinafter 'B & M').

December 1, 2011

Limits of the deemed trust created under provincial tax legislation

In its judgment in the case of Banque Nationale du Canada v. Agence du Revenu du Québec, 2011 QCCA 1943, issued on October 21, 2011, the Court of Appeal of Quebec discussed two grounds of dispute that might be of interest to the hypothecary creditors of tax debtors when the tax authorities rely on (…)

November 1, 2011

SMEs, Governance and Directors

Since the mid-1990s, the promotion of corporate governance has been the subject of various public and private initiatives in Canada. The first of them were aimed at reporting issuers. State-owned corporations and other public sector organizations were targeted next.As a result of the example (…)