Publications

August 1, 2013

An unprecedented decision of the Court of Appeal: a judgment authorizing a class action under the Securities Act may be appealed

INTRODUCTIONOn July 17, 2013, the Court of Appeal issued an unprecedented judgment in Quebec in the case of Theratechnologies inc. v. 121851 Canada inc.1 Justice Clément Gascon, writing for the court, held, in a unanimous decision, that a judgment having authorized a class action for damages under (…)

August 1, 2013

Class action based on the thesis of constructive dismissal: the Superior Court dismisses the application for authorization

In July 2007, Allstate Insurance Company of Canada (hereinafter referred to as “Allstate”) sent a notice of change of working conditions to all its insurance agents. Allstate was then employing approximately 90 agents in Quebec.The notice was sent 26 months prior to the implementation of (…)

July 1, 2013

Supreme Court of Canada rules on random alcohol testing

The Supreme Court of Canada recently rendered a divided decision in which it concluded that an employer’s policy imposing mandatory random alcohol testing was not justified.1 This decision is of interest to employers in Quebec since it confirms arbitral case law on the subject.BackgroundIn (…)

June 1, 2013

E-Distribution of Insurance Products: the CCIR Publishes its Recommendations

In January 2012, the Electronic Commerce Committee of the Canadian Council of Insurance Regulators (CCIR)1 released an issue paper entitled “Electronic Commerce in Insurance Products”, through which it invited insurers and intermediaries to provide feedback on certain targeted issues (…)

June 1, 2013

Amendments made to the Act respecting insurance of Quebec to allow transfers between participating funds and non-participating funds

On June 14, 2013, the Act respecting insurance (Quebec) (the "Act") was amended by sections 1 to 5 of An Act to amend various legislative provisions mainly concerning the financial sector. The new sections, 66.1.1 to 66.1.6, have been added to the Act in order to henceforth allow an (…)

May 1, 2013

To What Extent are Insurers Required to Cover Premises where Criminal Activities are Conducted?

In a recent decision by the Court of Appeal of Québec, the Honourable Jacques Chamberland, J.C.A. reviewed the application of exclusion clauses contained in a home insurance policy in the context of criminal activities1.THE FACTSThe Appellant, Union canadienne compagnie d’assurance insured the (…)

March 1, 2013

The insurer's duty to defend and indemnify: a new judgment of the Quebec Court of Appeal

On March 1, 2013, the Court of Appeal rendered a judgment on the insurer's duty to defend and indemnify the insured in the area of commercial general liability insurance.1 It confirmed the decision of the trial judge which had held that the insurer has the duty to defend and indemnify,2 and ordered (…)

March 1, 2013

Forum on Mining Royalties – Consultation document

Here is an overview prepared by Lavery of the highlights of the consultation document (in French) released last Thursday by the Quebec government in connection with the forum on mining royalties to be held on March 15, 2013. OVERVIEW OF THE CONSULTATION DOCUMENT ENTITLED:“LE RÉGIME D’IMPÔT MINIER (…)

March 1, 2013

Domestic Systematically Important Banks

On March 26, 2013, the Office of the Superintendent of Financial Institutions (“OSFI”), the Canadian bank regulator, issued an Advisory in which it identified the banks considered to be systematically important for Canada in accordance with the framework set out by the Basel Committee on (…)

February 1, 2013

OSFI’s new expectations with respect to the governance of federally-regulated financial institutions

The quality of corporate governance practices increasingly represents a key factor to maintaining the trust of depositors, policyholders and most stakeholders who are active on capital markets. Considering the unique features of financial institutions and the risks arising from their (…)

January 1, 2013

Relaxing of the liquidity coverage ratio under Basel III

On January 6, 2013, the Basel Committee on Banking Supervision announced that it was relaxing the liquidity rules that will be applied to banks beginning in 2015. The Group of Central Bank Governors and Heads of Supervision (“GHOS”), the oversight body of the Basel Committee, then (…)

December 1, 2012

AMF Investigations: The duty to answer an investigator and his jurisdiction to rule on objections (continued)

With regard to our In Fact and In Law Express newsletter of July 2012, entitled ‘‘AMF Investigations: The duty to answer an investigator and his jurisdiction to rule on objections’’, please be informed that, on December 20, 2012, the Supreme Court dismissed Fournier’s (…)

October 1, 2012

Professional liability insurance and gross fault: the Court of Appeal sings a different tune (new version)

Following the important judgment rendered by the Court of Appeal on August 2, 2012, the Court has ruled once again, on September 27, 2012, on the exclusions for gross fault with respect to professional liability insurance. In addition, the decision confirmed, as provided in the Civil Code, that an (…)