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Only available in French Le 5 novembre 2021, a été modifié par le projet de Loi 49, entre autres, la Loi sur l’éthique et la déontologie en matière municipale (R.L.R.Q. chap. E-15.1.0.1). L’article 35 de cette loi prévoyait, avant modification, que la Commission municipale du Québec diffuse sur le site Internet de celle-ci une liste […]

Can an employer, a service provider, require proof of vaccination from its employees when its customer requires that all persons accessing its establishment be adequately vaccinated against COVID-19? What happens to employees who are not vaccinated and are denied access to the workplace by that customer? Arbitrator Denis Nadeau seems to have been the first […]

Since the Supreme Court ruling in Rubis v. Gray Rocks Inn Ltd., 1982 CanLII 17 (SCC), [1982] 1 SCR 452, in 1982, personal injury claims have largely been determined on the basis of the concept of “trap”. Essentially, a trap is defined by the case law as a situation that has an inherent danger, which […]

On October 18, 2021, the Superior Court of Quebec rendered an important decision in Ordre des comptables professionnels agréés du Québec c. Procureur général du Québec, 2021 QCCS 4327, regarding the limitations of the duty of confidentiality applicable to chartered professional accountants [CPA]. Essentially, the Court concludes that section 17.0.1 of the Act respecting the […]

Bill 96, An Act respecting French, the official and common language of Québec, proposes a certain number of substantial modifications to Quebec civil procedure. The Bill is presently making its way through various stages of consideration at the National Assembly of Quebec and it is possible that additional changes will be made prior to the […]

Multi-tiered “mediation-arbitration” clauses are increasingly popular since they not only offer flexibility in the manner of resolving disputes, but also provide a timely, cost-effective dispute-resolution option that enables the parties to proactively intervene in the early stages of the dispute. The Court of Appeal of Quebec has rendered an important decision that enables insurance companies […]

The Supreme Court of Canada recently rendered an important decision which may have a significant impact on commercial contracts concluded under Quebec law. In the case of 6362222 Canada inc. v. Prelco inc., 2021 SCC 39, the Court was called upon to decide whether a limitation of liability clause could be set aside in virtue […]

Ballard c. Ville de Gatineau, 2021 QCCS 3695, recently rendered by the Superior Court, deals with the effect of the recognition of a right by a defending party on extinctive prescription. The parties’ arguments The case originated from the issuance of two infraction notices given by the City of Gatineau following embankment work carried out […]

On June 7, 2021, the Superior Court dismissed the action in L’Unique assurances générales inc. c. Intact Compagnie d’assurance, 2021 QCCS 2916, in concluding that the Builder’s Risk issued in favor of Intact’s insured did not apply. L’Unique (acting in continuance of suit for Groupe Ledor inc., Mutuelle d’assurance) insured Mr. Frédéric Boivin’s property located […]

On September 8, 2021, the Quebec Minister of Finance published in Part 2 of the Official Gazette of Quebec a draft of the regulation [Draft Regulation] that specifies the categories of insurance contracts, and insured parties, that may derogate, in part, from the rules set out in articles 2500 and 2503 of the Civil Code […]