RSS lawyer Daniel Khazzam explains how to draft an online privacy policy.
As individuals become increasingly aware of how little knowledge and control they often have over their personal information online, it is crucial that all businesses, both small and large, provide users of their websites or services with complete and detailed privacy policies.
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In Lefebvre v. Compagnie d’assurance Wawanessa (rendered on June 22, 2012), the Superior Court condemned the insurer, Wawanesa, to pay an indemnity to its insureds. In this case, the insureds’ residence was damaged in an arson fire.
On June 22nd 2012, the Supreme Court of Canada rendered an interesting judgement in a case involving the interpretation of the Quebec Automobile Insurance Act (Ville de Westmount c. Rossy et al, 2012 CSC 30).
The action itself, initiated by the heirs of Gabriel Antony Rossy, was the result of an extraordinary and sad set of circumstances that led to the death of the driver of an automobile. In August 2006, Mr. Rossy was driving his automobile on a street in the City of Westmount.
SUPERIOR COURT ADDS NEW RULES FOR MEASURING REASONABLE NOTICE IN QUEBEC – NEW RULES OR A FLASH IN THE PAN
By Theodore Goloff
Are i) the economic climate that prevails; and/or ii) the employer’s particular economic circumstances relevant to determining “reasonable notice” in Quebec? On the one hand, the criteria that supposedly make up the matrix of factors that determine the “reasonability” of common-law notice (styled notice in accordance with Arts. 2091-2092 C.C.Q. in Quebec) seem decidedly skewed towards considerations that relate to the employee being let go, such as, inter alia, the time it might take the employee to find alternate employment. Indeed, the whole point of “notice” or “pay in lieu thereof”, as noted in the case law, is to provide a cushion to the employee to help him/her to adjust to changed circumstances when the employer exercises its right to terminate employment, “at will” and without “serious reason”.
Quebec’s highest court’s last word on restrictive covenants: Less is more!
By Theodore Goloff
In law, as in life, (1) timing is everything and (2) more is not always better. These truths have been brought home by the Quebec Court of Appeal’s judgment in Jean vs. Omegachem Inc. [2012 QCCA 232], which should serve as a primer to employers on when and how not to insist on overly ambitious restrictive covenants in employment contracts.
In Ace-Ina Insurance Company v. SSQ Assurance générales, the Court of Appeal confirmed a Superior Court judgment that attributed the fire of a building to the fault of two teenagers and rejected the claim against their respective liability insurers.
The Quebec Superior Court and Court of Appeal successively rendered an interesting decision relating to the eternal question of insurable interest in 9111-1963 Québec Inc. c. Compagnie d’assurance Temple Inc. (Superior Court decision rendered on August 18th, 2010 (2010 QCCS 4074) and Court of Appeal decision rendered on March 2nd, 2012 (2012 QCCA 450)). Let’s review them.
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In the case of Axa assurances Inc. vs. Claude Joyal Inc. & CNH Canada Ltd, CNH Canada Ltd (hereinafter “CNH”) presented a motion to dismiss warranty proceedings instituted by Claude Joyal Inc.(hereinafter “Joyal”) which was granted by judgement rendered on February 14, 2012.
In this edition, read about:
◦ Some of the RSS BUSINESS LAW PRACTICE GROUP’s recent noteworthy transactions and commercial litigation
◦ Creation of the ROBINSON SHEPPARD ENDOWMENT FUNDS at the Faculties of Law of McGill University and Université de Montréal
◦ RSS NEWS
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