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On May 20, 2021, the Court of Appeal, in the case of Ville de Mascouche c. Architectes Rivest-Jodoin & Associé, 2021 QCCA 859 affirmed the decision of the Superior Court (2019 QCCS 1996) which granted a motion to dismiss on the grounds of prescription. The City of Mascouche [City] hired Anjalec Construction inc. [Anjalec] in […]

The Superior Court recently rendered an interesting decision in Dang c. Industrielle-Alliance, assurance auto et habitation inc., 2021 QCCS 1408, emphasizing the importance for the insured to give a thorough declaration of the risk to the insurer. In this case, the plaintiff was asking her insurer for an indemnity following a fire that had damaged […]

In Construction Placo inc. c. Kingspan Insulated Panels Ltd., 2021 QCCS 1230, rendered on March 18, 2021, Construction Placo inc. [Placo], as cross-defendant, sought an order from the Court requesting Société d’assurance générale Northbridge [Northbridge] to assume its defence and to pay all costs associated with its defence within the scope of the cross-claim. In […]

In Pelletier c. Gauthier (Decision issued April 13, 2021 by the Honourable Jocelyn Pilote, j.c.s., C.S. – 150-17-004304-207), defendants Gauthier et Simard filed a Wellington application against Intact Compagnie d’assurance and Desjardins Assurances générales as impleaded parties, requesting only the right to select their lawyer. Defendants were sued on the basis of alleged latent defects […]

“The Port of Montreal’s longshoremen have been without a contract since December 2018.” Throughout successive labour disputes, including the current one between the Maritime Employers Association and the longshoremen of the Port of Montreal, you have probably already read or heard in the news a statement that unionized employees have been “without a contract” since […]

Is an insurer compelled to release to its insureds all documents, especially expert reports, used to substantiate a decision to deny coverage? In Gauvreau c. Promutuel Assurance, 2020 QCCAI 347, two insureds had filed a claim with their insurer following an incident in which their boat had been damaged. The insurer denied coverage. The insureds […]

It is well known that a major part of labour law consists of balancing the rights and interests of the employer with those of the employees. One of the evolving and topical aspects of this balancing act is the question of the employer’s power of direction versus the employee’s right to privacy. The right to […]

The short answer? No. First, pay equity is different from equal pay. The notion of equal pay means equal pay for equal work, whereas pay equity involves looking for equal pay, but for a different job deemed equivalent. The purpose of the Pay Equity Act [Act] is to “redress differences in compensation due to the […]

In a decision rendered by the Court of Quebec (still unpublished as of this writing) on January 22, 2021 in 9174-0886 Québec inc. c. Rochette, RSS successfully presented a motion alleging abuse of proceedings in a related case dismissed at the preliminary stage, by arguing the application of res judicata. The facts In 2014, Plaintiff […]

On December 15, 2020, the Quebec Court of Appeal issued an important judgment concerning the short six-month time limitation period of s. 586 of the Cities and Towns Act [CTA] in Ville de Brossard c. Belmamoun, 2020 QCCA 1718. In August 2013, Plaintiffs Mohamed Belmamoun and Gaétan L’Heureux filed a Motion for authorization to institute […]