Publications
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Bitter Bidder Bites the Dust
On May 3, 2010, Justice Clément Gascon of the Superior Court rendered an interesting decision in the context of a motion for authorization of the sale of assets in connection with a restructuring under the Companies' Creditors Arrangement Act.More specifically, the Court considered the fairness of (…)
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Is a clause requiring an employee to reimburse training costs legal?
Can the parties to an individual employment contract include a clause stipulating that the employee must reimburse his training costs to the employer if he resigns? Upon hiring and throughout the course of employment, employers often require employees to receive training. Significant costs can be (…)
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Plan of Arrangement Under the CCAA or Assignment in Bankruptcy Under the BIA: Which Takes Priority?
Which group of creditors is entitled to the money held by a monitor for the purposes of carrying out a plan of arrangement under the CCCA when the debtor goes bankrupt prior to the distribution: only the creditors covered by the plan of arrangement, or all of the creditors, even those not covered by (…)
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Bill 79 Amending the Mining Act: Stimulating the Industry or Another Cause for Concern?
The Québec mining industry is currently at the forefront of discussion. We believe it is useful to sum up, for the time being, the proposed new regulatory developments for Québec’s mining industry. After briefly outlining the current mining context in Québec, we will review certain provisions (…)
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Legal Hypothecs of Construction get Priority over a Super Priority Granted by the Court for dip Financing in Respect of Certain Assets of the Bankrupted Party
Creditors petitioned the Court in order to have it amend the order of priority for payment determined by the trustee, so that their claims have priority over the super priority of the Caisse Populaire, but strictly in respect of part of the assets.
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The decrease of the income replacement indemnity at 65 years of age is judged to be discriminatory by the Commission des lésions professionnelles
On March 18, 2010, administrative judge Richard Hudon of the Commission des lésions professionnelles (the "Commission") rendered a very interesting decision in the case of Côté et Traverse Rivière-du-Loup St-Siméon.The Commission had to decide whether, on November 29, 2008, the income (…)
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Beware of Punitive Damages in Consumer Law!
The Quebec Court of Appeal recently rendered a long-awaited decision in a consumer protection class action.On February 26th, the Court dismissed the main appeal and cross-appeal in Brault and Martineau Inc. vs. Riendeau for the reasons which were written by Justice Duval Hesler, which were endorsed (…)
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Obtaining, varying, enforcing, or rescinding a child or spousal support order: have you deducted your legal fees this year?
Specific rules apply to the deductibility of legal costs incurred to obtain, vary, enforce or rescind a child or spousal support order. These rules are identical whether one is dealing with child or spousal support orders or agreements. However, the federal and provincial rules pertaining to the (…)
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A lawyer’s freedom of expression : there is a limit to what one can say
With regard to the professional obligations of a lawyer, is it possible outside the physical confines of the tribunal to let a judge know exactly what he thinks of him? Should the response be negative, does it not unduly restrain his right to freedom of expression otherwise guaranteed to all by (…)
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Will your Industrial Activities Allow your Property Assessment to be Reduced?
For citizens living in municipalities whose property assessments are for the years 2010 to 2012, now is the time to do some double-checking. Does the assessment of the building’s value appear adequate? Did those parts of the building that may be exempted from all property and school taxes (…)
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The Member-Funded Pension Plan : a Defined Benefit Pension Plan that Limits the Employer’s Financial Risk
The decision of an employer to offer a pension plan to its employees is an important one. Various types of pension plans may be offered, and the financial risk of the employer depends on the type of plan chosen.While union and employees generally prefer defined benefit pension plans, employers are (…)
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In accommodation matters, the employer must take into consideration both the rights of the employee and those of the clientele
Last August, an arbitrator ruled on a dispute in the context of which accommodation measures were sought for the benefit of a person who had in excess of ten years of seniority and no longer held her position, having been absent for nearly three years for physiological reasons.The arbitration (…)