Looking to the future: best practices and strategies for litigation and dispute resolution post-COVID-19

As our economy takes its first steps toward reopening and we look ahead to the post-COVID-19 world, many companies are grappling with the fallout of the various defaults or breaches of contract they have experienced during the crisis. While much has been written about “force majeure” and what companies should do if they are unable […]

Richard ProvostPartner, Langlois Lawyers, LLP

Discrimination in hiring: what level of risk should an employer assume?

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.  In this case, the Commission des droits de la personne et des droits de la jeunesse (the “CDPDJ”) claimed […]

Richard ProvostPartner, Langlois Lawyers, LLP

Governance: ethical awareness and leadership are essential elements in the post-crisis period

In our recent articles,1 we called on corporate directors to reflect on their role during the current crisis and on the added value they can bring to help prepare their organizations for the post-crisis period. We then discussed the need for companies to identify new risks, including ethical risks, and make decisions while considering the impact […]

Richard ProvostPartner, Langlois Lawyers, LLP

Violation of a first refusal agreement: broker’s role and the assessment of damages

This article is a modified version of a comment originally published by Éditions Yvon Blais in April 2020 (EYB2020REP2935). The duty to act in the client’s best interests remains at the heart of a real estate brokerage contract, even in the most delicate situations. This principle was upheld by the decision in Ferme Robert Séguin & Fils […]

Richard ProvostPartner, Langlois Lawyers, LLP

Return-to-work protocol: getting ready to resume

The Quebec government’s recent announcement of a gradual resumption of activity in specific economic sectors during the month of May is encouraging from an economic point of view.1 However, due to the ongoing health crisis, it is also raising some questions for employers. These questions include how to go about calling employees back to work, as […]

Richard ProvostPartner, Langlois Lawyers, LLP

Proactivity and creativity in mergers and acquisitions during COVID-19: 5 key issues

Mergers and acquisitions were particularly active in Canada until the government response to COVID-19 disrupted transactional practices and led to a slowdown. Parties involved in M&A transactions must keep a watchful eye on the situation and be proactive about managing the accompanying risks at every stage in the process. In the current context, prudent risk […]

Richard ProvostPartner, Langlois Lawyers, LLP

The role of the board of directors in the context of COVID-19: how should corporate directors act?

Since the start of the unprecedented public health and economic crisis caused by COVID-191, directors may have felt tempted to intervene in the day-to-day management of the company or to step into a management role, especially if they are also shareholders. However, it is up to the crisis management committee—often made up of executive officers—to […]

Richard ProvostPartner, Langlois Lawyers, LLP

COVID-19: sound OHS practices key to continued operations

In these uncertain times, only employers providing so-called “essential services” are allowed to operate. Identifying and implementing safe work practices to protect employees’ health and safety are now key to keeping these operations running. This requirement is highlighted by the fact that, since the outset of the pandemic, the Commission des normes, de l’équité, de la […]

Richard ProvostPartner, Langlois Lawyers, LLP

Impact of the COVID-19 crisis on commercial leases: important clauses for parties to consider

As the world undergoes this unprecedented crisis, the ability of many companies to meet their contractual obligations is being compromised. The crisis is having a significant impact on the global economy and the real estate sector won’t be spared. Moreover, the impact of the crisis on tenants and landlords is likely to linger and worsen […]

Richard ProvostPartner, Langlois Lawyers, LLP

Proactivity and creativity in mergers and acquisitions during COVID-19: 5 key issues

Mergers and acquisitions were particularly active in Canada until the government response to COVID-19 disrupted transactional practices and led to a slowdown. Parties involved in M&A transactions must keep a watchful eye on the situation and be proactive about managing the accompanying risks at every stage in the process. In the current context, prudent risk […]

Richard ProvostPartner, Langlois Lawyers, LLP

The role of the board of directors in the context of COVID-19: how should corporate directors act?

Since the start of the unprecedented public health and economic crisis caused by COVID-191, directors may have felt tempted to intervene in the day-to-day management of the company or to step into a management role, especially if they are also shareholders. However, it is up to the crisis management committee—often made up of executive officers—to […]

Richard ProvostPartner, Langlois Lawyers, LLP

COVID-19: sound OHS practices key to continued operations

In these uncertain times, only employers providing so-called “essential services” are allowed to operate. Identifying and implementing safe work practices to protect employees’ health and safety are now key to keeping these operations running. This requirement is highlighted by the fact that, since the outset of the pandemic, the Commission des normes, de l’équité, de la […]

Richard ProvostPartner, Langlois Lawyers, LLP