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 (…)
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 (…)
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 (…)
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 (…)
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 (…)
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 (…)
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 (…)
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 (…)
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 (…)
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 (…)