Newsletters

Estate Planning: Don’t Overlook Your Safe Deposit Box

Whether you have an estate plan in place or are in the process of estate planning or you have procrastinated about estate planning, you may wish to consider the pros and cons of a safe deposit box (also commonly called a safety deposit box) in your estate plan. At one time, safe deposit boxes were […]

The Duty to Inform in a Commercial Transaction

“The [person drafting] the documents for a transaction has a duty to inform the co-contracting parties of any changes he makes to these documents.’’ [1] – this is how the Honourable Ian Demers, J.C.S., began his judgment dated April 23, 2024, in Maçons Patrimoniaux Inc. v. Aliston Investissement Inc., 2024 QCCS 1447. In this case, […]

Medical Certificates and Bill C-68: What Are the Consequences for Employers?

Scope of Application and Entry into Force The Act mainly to reduce the administrative burden of physicians (“Bill 29”) was passed on October 8, 2024. These provisions amend the Act respecting labour standards (the “ALS”) and will come into force on January 1, 2025. These new prohibitions also apply to employees governed by the Act […]

A Heritage Building, Arson and Deadly Fire: Was the 15 Day Notice to the City Required?

Facts On March 16, 2023, a fatal fire destroyed a heritage building in Old Montréal owned by Plaintiff Mr. Émile Benamor. It is alleged that the fire was caused by a third party and was of a criminal nature. The plaintiff brought an action against the City of Montréal claiming $7 575 000, for the […]

The Reckitt Case: A “Corrosive” Court of Appeal Ruling Against Manufacturers

Our readers will recall a first-instance judgment rendered in February 2023 by Justice Alain Michaud, commented on by Ariane Vanasse of RSS, available on our website. This judgment was appealed by Reckitt, the manufacturer of Lysol Advance. In its recent decision, the Court of Appeal discusses the manufacturer’s duty to inform, re-examining earlier key decisions. […]

“Anti-Scab” Bill: What C-58 Means for Your Business, Part 1

General remarks Coming into force. On June 20, 2024, Bill C-58, An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012 (Bill C-58) received Royal Assent. Bill C-58 will come into force on June 20, 2025. Prohibition. Bill C-58 prohibits employers from using, during a legal strike or lockout intended […]

The Right to Data Portability in Quebec: What Organizations Need to Know

As of September 22, 2024, the last chapter of a significant shift in data privacy will unfold in Quebec. The right to data portability takes effect under the newly amended Quebec Act respecting the protection of personal information in the private sector (“Quebec Act”). This represents a major development in privacy legislation, aligning closely with […]

Can a City Sell a Piece of Land by Mutual Agreement in Spite of Receiving a Higher Offer?

On June 13, 2024, the Superior Court dismissed an action for $18,550,000 in the matter of 9318-8548 Québec inc. v. Ville de Gatineau. The Court held that the defendant (“the City”), represented by a group of lawyers from RSS, had the power to sell a piece of land by mutual agreement, in spite of receiving […]

Policy Language, Indemnity For Replacement Cost Value and Abuse Criteria: A Judgment of Great Interest

On July 22, Arch Insurance Limited, represented and defended by RSS, had the insureds’ claim for the reconstruction value of their building damaged following a fire dismissed by the Superior Court in Mathieu vs. Arch Insurance Limited. This judgment addresses questions of great interest in uncommon areas: The application of section 55 of the Charter of […]

Did You Buy At Your Own Risk?

In the recent decision Tremblay v. Immeubles Perron Ltée, 2024 QCCA 719, the Court of Appeal underlined the impact of a purchase “at one’s own risk”. The Facts A series of real estate transactions set the stage for the analysis of successive warranties. In March 2003, Immeubles Perron sold parts of a lot to Régis, […]

Exclusion Clauses In Life And Health Insurance Scrutinized

On May 9, 2024, in Beneva inc. v. Bolduc, 2024 QCCA 589, the Quebec Court of Appeal unanimously confirmed the decision rendered by the Honourable Jean-Yves Lalonde of the Superior Court in Bolduc v. SSQ Assurance, 2023 QCCS 266, which was the subject of one of our previous newsletters. Facts in dispute François Roch (“Roch“) […]
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