Newsletters

New Measures of Assistance for Workers and Employers

RSS’s Labour and Employment Law Practice Group closely monitors developments with measures taken by the federal and Quebec governments to support employers and their workforce. For instance, as of April 2020, Canada will be implementing a new Canada Emergency Response Benefit, that will provide a taxable benefit of $2,000 a month for up to 4 […]

Lawsuit Against a Municipality: Beware of Prescription!

A recent judgment reminds us that, as a general rule, an action for damages against a municipality must be brought within six months of the first sign of the occurrence of the damage, even though the extent of the damage may not necessarily be known and may not have fully materialized. In Martin c. Ville […]

Tips When Goods Are Damaged or Lost During Transport

Nine things you need to know about claims resulting from transport by truck, as established by the applicable laws and cases. These tips could be helpful whether you are making a claim or defending against one. The contract of transport binds the parties and constitutes the law which governs them. It is known as a […]

DANGER for Insurers Who Contest a Wellington Motion Alleging a Breach of Formal Warranty

When a Wellington Motion is presented by an insured in the course of proceedings, it seeks an order forcing an insurer to assume its defence without having to await the final decision on the merits of the case. It is analogous to an injunction in the course of proceedings. The consequence for an insurer of […]

A Snapshot of our Recent Activity — Business Law

A periodical glimpse into the wide variety of deals and cases that RSS handles each and every day. From helping start-ups and assisting individuals to working along major corporations, we provide the complete scope of legal services. M&As, Financing and Business Transactions Representation of a major Canadian footwear company in the sale of its business. Barry […]

Moratorium Period Exclusion in Insurance Law

On January 7, 2020, in Talbot c. Industrielle Alliance, assurances et services financiers inc., 2020 QCCS 193, Justice Martin Dallaire dismissed a claim for a critical illness insurance benefit following a cancer diagnosis for which the insured showed signs and symptoms during the moratorium period. However, he concluded that this clause cannot have the effect […]

A Snapshot of our Recent Activity — Insurance Law

Exciting News! As the new decade unfolds and RSS gears up to celebrate its 100th year, it is delighted to announce the appointment of the new Managing Partner, Andrew Penhale, an old face. Andrew was an attorney with the firm from 2001 to 2010 before moving on to head the Claims Department of the Professional […]

The Court of Appeal Clarifies the Impact of Expert Opinions on the Burden of Proof in an Action for Latent Defects

In Groupe Royal inc. v. Crewcut Investments Inc., 2019 QCCA 1839, the Court of Appeal affirmed that in an action for latent defects, the Plaintiff’s expert opinions are not required, whereas those filed in defence must demonstrate the precise cause of the defect in order to rebut the presumption. In this case, the Plaintiffs, manufacturers […]

Don’t read this after 6:00 p.m.! The right to disconnect

Hyperconnectivity It goes without saying that we live in a world that has become “hyper-connected”, as we are constantly staring at our cell phones or other electronic devices. Many employees find themselves, outside of office hours, constantly responding to emails and requests from their employer, colleagues or clients. While this connectivity brings flexibility to the […]

The insurer’s obligation to defend and indemnify: A subject revisited, yet still current

In Développement les Terrasses de l’Île inc. c. Intact, compagnie d’assurances, 2019 QCCA 1440, the Court of Appeal of Quebec examined claims for the cost of repairing construction defects and the cost of repairing the damage caused by the defects, and had to decide the extent of the insurer’s obligation to provide a defence to […]
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