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Future Electronics v. Chubb Insurance: The Insurer Prevails in Canada’s First Ruling on the Social Engineering Fraud Endorsement

By Nick Krnjevic and Maro Coric, from our Insurance Law Practice Group October 15, 2020 — The Quebec Superior Court ruling rendered on September 29 in Future Electronics Inc. (Distribution) Pte Ltd. v. Chubb Insurance Company of Canada, 2020 QCCS 3042 is the first Canadian decision, and only the second North American ruling, that has analyzed […]

The Warranty Against Latent Defects: The Importance of Presumptions

By Mariella De Stefano, from our Insurance Law Practice Group October 6, 2020 — The Superior Court’s decision in Compagnie d’assurances AIG du Canada c. Kenworth Québec inc., 2020 QCCS 1377, is a reminder of the principles applicable to the warranty against latent defects. In April 2014, a Kenworth vehicle belonging to the City of Shawinigan [City] […]

COVID-19: RSS’s Responses (updated October 6)

From day one of the crisis that we are living, RSS has sprung to action to face the situation. We have explored the legal aspects of the situations arising from the pandemic. The legal system is surely hit by the pandemic; but it also brings solutions. RSS wishes to bring to your attention the results […]

COVID-19: Home Renovations in the Red Zone

By Sydney Warshaw and Sara Laraichi, from our Business Law Practice Group October 6, 2020 — Since October 1, Greater Montreal, Québec City and several parts of Quebec are plunged into the “red zone”. This represents the highest alert level for COVID-19 and came with several accompanying restrictions. Unlike in March, when the provincial lockdown was […]

Notice to Employers: Economic Recovery Benefits and New Protection for Employees in the Event of Absence Related to COVID-19

By Eliab Taïrou, from our Labour and Employment Law Group October 2, 2020 — On October 1, 2020, An Act relating to certain measures in response to COVID-19 (Bill C-4 — formerly C-2) was passed by the House of Commons of Canada and now awaits Senate support and Royal Assent before coming into force. This legislation comes following […]

Coverage Under a Wrap-up Policy May Be Excluded When the Work Is Not Completed

By Mariella De Stefano, from our Insurance Law Practice Group September 15, 2020 — In Constructions Reliance inc. (Constructions Reliance du Canada ltée) c. Compagnie d’assurances Temple, 2020 QCCA 947, recently rendered by the Court of Appeal, the Court concluded that the judge of first instance had not committed any error in deciding that the wrap-up […]

An Order to Enforce a Restrictive Covenant Is Not Automatic

By Normand Laurendeau, from our Labour and Employment Law Group September 2, 2020 — Non-competition and non-solicitation clauses are commonplace in employment contracts and are subject to rules that have been well defined by the courts. However, as illustrated by the recent Superior Court decision in FLS Transportation Services Limited v. Fuze Logistic Services Inc., 2020 […]

A Snapshot of our Recent Activity — Business Law

Assembled by Herbert Z. Pinchuk, Head of our Business Law Group August 10, 2020 — Just like countless businesses and individuals all over the world, RSS was hit by the COVID-19 crisis. As numerous sectors of the economy ground to a halt, our activities were significantly reduced. Significantly, but not completely! Since legal services were promptly declared essential […]

Landlords Should Reconsider Mitigating Damages with COVID-19 Relief Programs

By Sydney Warshaw, from our Business Law Practice Group August 7, 2020 — A series of recent Superior Court decisions demonstrate that participation in the federal government’s financial relief programs to help tenants and landlords in the wake of COVID-19 may not be as discretionary as landlords initially thought. Failure to apply for CECRA may limit landlords’ […]

Preliminary Measures to Exercising a Hypothecary Right and Appointment of a Receiver: The Court of Appeal of Quebec Sheds Light on a Dispute

By Annie Claude Beauchemin, Jean-Yves Fortin, Ad. E., and Elyssa Leiberman, from our Business Law Practice Group August 6, 2020 — On July 20, 2020, the Court of Appeal finally ruled on a controversy that had existed for several years in Quebec regarding the respect of the delays set out in the Civil Code of Québec [CCQ] […]