It has long been established that a party subject to expropriation is not entitled to the reimbursement of legal fees as damages caused by the expropriation. However, there are two exceptions to this rule: (1) where there has been bad faith or abuse of process by the expropriating party; and (2) where expropriation proceedings have […]
In a contentious 5-4 split decision, with 3 justices providing the main reasons, 2 justices concurring and 4 judges dissenting, the Supreme Court of Canada has ruled that the Parliament of Canada has the power to prohibit genetic discrimination.1 Specifically, Justice Karakatsanis found that the purpose of the Genetic Non-Discrimination Act is to ensure that individuals’ genetic test […]
Over 890 employers and employees in Quebec have already signed the Charter of Commitment to Combat Coronavirus in the Workplace (the Charter). The Charter was published on the initiative of the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST), following consultations with major union and employer representatives. The primary purpose of the Charter […]
Introduction In the wake of recent amendments to the Canada Labour Code1 to address harassment and violence in the workplace,2 the draft Workplace Harassment and Violence Prevention Regulations (the “Regulations”) have been of particular interest to federally regulated employers due to the magnitude of the changes being introduced. We have been waiting to hear the precise date when the new […]
The forced hiatus in business activity and the economic shock caused by COVID-19 have hit many Quebec business owners hard. The impact is especially heavy for owners saddled with the burden of succession planning and finding no one to take over the reins. Currently, 30 to 60,000 Quebec businesses are in danger of disappearing within […]
In a recent decision, the Superior Court of Quebec addressed the impact of the COVID-19 pandemic on the contractual obligations of parties to a commercial lease. This decision is likely the first of many to address this increasingly pervasive issue for businesses operating in Quebec. The decision In Hengyun International Investment Commerce Inc. v. 9368-7614 Québec Inc.,1 the Court […]
The COVID-19 pandemic is one of those once-ina- lifetime events that few people predict but which affects everyone – individuals, businesses and governments. During the past four months the pandemic […]
Read moreIR Global, the world’s largest exclusive network of advisory firms is delighted to introduce Lieselotte Vrints of STUDIO | LEGALE. Lieselotte has joined IR as our exclusive Insurance Law member in Belgium. STUDIO|LEGALE is a young (°2009) and dynamic law firm with a single objective: to assist you quickly and pragmatically in your legal matters.We […]
On June 12, the Quebec government introduced bill 164, An Act to modernize legislative provisions as regards the protection of personal information (“the Bill”), first announced nearly a year ago. Once adopted, the Bill will result in significant changes to various laws in order to modernize the regulatory framework for the protection of personal data in Quebec. […]
In this period of gradual resumption of activities amidst an ongoing pandemic, we are being asked to shift into “solution mode”. Life as we knew it has given way to a new reality that requires change and adaptation. Workplaces are no exception, as explored in our recent article, “Change management post-COVID-19”. Read More
Should an employer proceed with a hiring process after learning that a candidate’s disability may affect his or her ability to perform the job safely? The Quebec Court of Appeal considered this issue in CDPDJ v. Société de transport de Montréal. Read More
On May 7, 2020, the Supreme Court of Canada dismissed an application by commercial advertisers wishing to appeal a September 25, 2019 ruling by the Quebec Court of Appeal, which upheld the City of Montréal’s principal appeal on the matter of the legality of a ban on billboards in the Plateau Mont-Royal borough. Consequently, the […]
