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Insurance Law / Newsletters

February 15, 2021

A Mediation or Arbitration Clause Can Deprive a Court of Its Jurisdiction over a Class Action

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 […]
Labour and Employment Law / Newsletters

February 15, 2021

Shareholders, Beware of Your Company’s Unfair Hiring Practices

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 […]
Family Law / Newsletters

February 11, 2021

Superior Court of Quebec Renders Landmark Transgender and Non-Binary Rights Decision

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 […]
Civil and Commercial Litigation / Insurance Law / Newsletters

January 31, 2021

Can a Paid Party Be Exempt From Liability Under the Fire Safety Act?

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 […]
Business Law / Newsletters

January 29, 2021

A Snapshot of our Recent Activity — Business Law

A Centennial… Already! I am pleased to be writing this introduction to our first newsletter of 2021, which highlights some interesting developments in business law and matters in which we have recently been involved. I will begin by wishing you, our clients, all of our colleagues, friends and business partners a very happy, healthy and […]
Insurance Law / Newsletters

January 18, 2021

A Snapshot of our Recent Activity — Insurance Law

First and foremost, we would like to wish you all a very happy and prosperous 2021 in both your personal and professional lives. We look forward to sharing with you a snapshot of our activities over the course of the year. Since our previous six-month review, the firm has been very busy. In fact RSS […]
Civil and Commercial Litigation / Newsletters

December 11, 2020

Why Venturing Into a Verbal Partnership Is Fraught With Risk

The case of Brossard v. 2868768 Canada inc., 2020 QCCS 5097, is yet another cautionary tale about the hazards of doing business (and entering into a partnership) on a handshake. As simply stated by the Court, This case is the story of the purchase of a building located at 3510 de la Montagne Street in […]
Business Law / Newsletters

December 8, 2020

Update on the Requirement to Disclose Your Prête-Nom or Nominee Agreements to Revenu Québec

As previously explained in our August 15, 2019 newsletter, Revenu Québec announced new rules on May 17, 2019 requiring the disclosure of all nominee agreements. The application of those rules was suspended until regulations could be adopted. Bill 42 implementing these rules was made final on September 24, 2020, and those rules are now in […]
Insurance Law / Newsletters

December 4, 2020

The Obligation to Defend: The Superior Court Steps In

The Superior Court’s decision in Labelle c. Jivestudio Inc., 2020 QCCS 3420, rendered in the midst of the pandemic, ruled on the underlying criteria to determine, at a preliminary stage, whether an insurer has an obligation to take up its insured’s defence. The plaintiff was seriously injured while performing an acrobatic manoeuvre with a troupe […]
Insurance Law / Newsletters

November 10, 2020

An Insured Is Bound by His Statements About His State Of Health

The decision in Croteau (Succession de Roy) c. TD Compagnie d’assurance-vie, 2020 QCCS 3539, rendered on October 21, deals with the nullity of a contract of insurance of persons for misrepresentation and/or concealment. The Court reiterated that the insurer, represented by RSS, was entitled to presume that the declarations of the insured were true, and […]
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