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 (…)
On August 2, 2012, the Court of Appeal rendered a major decision on professional liability insurance . As a result of this ruling, insureds and insurers alike should review the wording of such policies, especially gross fault exclusions and the definition of "professional activities". The (…)
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 (…)
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 (…)
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 (…)
On August 9, 2012, the Supreme Court of Canada granted the application for leave to appeal filed by Vivendi Canada Inc. against the decision rendered in February 2012 by the Québec Court of Appeal. This decision authorized Mr. Michel Dell’Aniello to bring a class action against Vivendi Canada (…)
An overview of the restrictive interpretation given to additional mortgage in both the doctrine and case law. An additional mortgage is often added to the primary mortgage to better protect the creditor (available in French only).
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.
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 (…)
The Securities Act [SA] allows the Autorité des marchés financiers [the “AMF”] to order investigations to ensure compliance with the SA and to repress contraventions which may be committed. This is the context in which the Court of Appeal handed down a decision on June 22, 2012 going to (…)
In a unanimous decision rendered on June 22nd, the Supreme Court of Canada confirms the principles previously established by the Court of Appeal: Quebec’s Automobile Insurance Act ("Act") must be given a large and liberal interpretation. In this case, the Court confirms that the mere use of a (…)
On June 14, 2012, the Quebec Court of Appeal confirmed the validity of the second paragraph of section 56 of the Act Respecting Industrial Accidents and Occupational Diseases (hereinafter the “AIAOD” or the “Act”). Although this paragraph establishes a distinction based on (…)