Publications

October 1, 2012

Creditors suspected of wishing to eliminate a competitor: The Court refuses to annul their votes against a plan of arrangement

On May 14, 2012, the Honourable Normand Gosselin, J.S.C., ruled on an amended motion seeking the sanction of a plan of arrangement concerning a debtor, Norgate Métal Inc. ('Norgate'). The judgment is special in that Norgate asked the Court to annul some of the votes that had been cast against the (…)

October 1, 2012

The Court of Appeal rules on the scope of section 59 of the Labour Code with respect to a definitive business closure

The Québec Court of Appeal rendered an important decision on the legality of termination of employment for some 190 employees of the Wal-Mart store in Jonquière. In the context of several proceedings, which were filed to obtain compensation for those job losses, the United Food and Commercial (…)

October 1, 2012

Investment and Financial Security Advisors: Respect your clients’ goals and document your files!

Two recent decisions of the Court of Appeal remind us of the duty on investment advisors and financial security advisors to know their client and the correlative duty of information. In both cases, the Court of Appeal held that the advisor had breached his duty to know his client, assess the (…)

September 1, 2012

The Court of Appeal reiterates the admissibility in evidence of reports done in the course of administrative investigations

In a decision rendered on July 5th, the Court of Appeal reiterates the admissibility in evidence of reports done in the course of administrative investigations in the context of a civil trial, confirming the importance of any administrative investigation that follows an accident.

August 1, 2012

The British Columbia Court of Appeal rejects the territorial theory of Aboriginal title and dismisses the appeal by the Tsilhqot'in Nation

On June 27, 2012 the British Columbia Court of Appeal issued its highly anticipated decision in the case William v. British Columbia. In a unanimous decision, the Court affirmed many of the trial judge’s holdings regarding the claims to Aboriginal rights and title brought by the (…)

August 1, 2012

The Arbitrator’s decision in the case of Centre Jeunesse de Montréal – It has the authority to set rules for proper dress, piercings, tattoos and personal appearance in the workplace

The employer, Centre jeunesse de Montréal – University Institute (hereinafter the "Centre"), adopted a dress code as well as a piercings, tattoos and personal appearance policy for its employees (hereinafter the "Policy").Although the validity of the Policy was contested by (…)

August 1, 2012

Carbon Market : Are you ready to take advantage of it?

As of January 1, 2013, Quebec and California will emerge as the first two Western Climate Initiative (WCI) partners to create a carbon market that imposes binding targets on businesses identified as major greenhouse gas (GHG) emitters. These new regulations are raising some concerns among the (…)

August 1, 2012

The Court of Appeal clarifies the legal nature of a real guarantee

Quebec law has for a long time distinguished the personal guarantor from the real guarantor: a personal guarantor is personally bound to repay a creditor should the principal debtor fail to perform its obligations; a real guarantor does no more than give some of its assets as collateral to a (…)

July 1, 2012

The British Columbia Supreme Court confirms that municipalities have no duty to consult and accommodate Aboriginal peoples

On April 4, 2012, the British Columbia Supreme Court rendered its decision in the case Neskonlith Indian Band v. Salmon Arm (City) and therein confirmed that municipalities have no duty to consult and accommodate Aboriginal peoples.

July 1, 2012

Superior Court refuses to import Indalex decision into Québec law

On April 20, 2012, Justice Mongeon of the Québec Superior Court rendered an important decision in the restructuring of the White Birch Paper Company (“White Birch”). The judgment could have a lasting effect on CCAA jurisprudence in Québec since it deals with issues relating to the (…)

June 1, 2012

The Doorcorp Case: The Court of Appeal renders yet another decision on section 139 BIA and the postponement of claims

Last June we discussed the Court of Appeal decision in Stonehaven Country Club, which dealt with the application of section 139 BIA to a claim by Investissement Québec. The Court of Appeal has ruled on the scope of this section once again.On April 17, 2012, the Honourable Marc Beauregard, writing (…)

June 1, 2012

The policyholder and the insurer may agree to unilaterally modify the provisions of a group insurance policy

The La Capitale ruling had been expected since 2009, when the Superior Court authorized a class action against an insurer who had unilaterally modified the waiver of premiums clause in a group insurance contract in 2001.

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 (…)