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“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In a decision rendered by the Court of Quebec (still unpublished as of this writing) on January 22, 2021 in 9174-0886 Québec inc.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 […]

When an insurance policy has a valid dispute resolution clause, the Court must decline to hear the matter and refer it to a mediator or arbitrator, even if the matter relates to a class action, as was decided by the Superior Court in 9369-1426 Québec inc. (Restaurant Bâton Rouge) v. Allianz Global Risks US Insurance […]

Contrary to the old adage, not all is fair in love and economic war. In Raymond Chabot Grant Thornton c. Bourgeois, 2021 QCCS 237, the Superior Court has provided fresh perspectives regarding both what constitutes “unfair competition” and the possible responsibility that shareholders — even those shareholders who are not directors — might bear for the […]

On January 28, 2021, in Center for Gender Advocacy v. Attorney General of Quebec, 2021 QCCS 191, Hon. Gregory Moore, J.C.S., the Superior Court of Quebec rendered a landmark human rights decision, invalidating a number of provisions of the Civil Code of Québec [CCQ] that were found to violate Charter rights to dignity and equality […]

In the case of J. Noël Francœur inc. c. Industrielle Alliance, assurances auto et habitation inc., 2020 QCCA 1676, the Court of Appeal was called upon to interpret certain provisions of the Fire Safety Act [FSA], more particularly section 47 which contains an exemption from liability for persons who in certain circumstances assist firefighters during […]