Newsletters

Duties on the transfer of an immoveable: New exemptions when a partnership is a party

On certain conditions, transfers made on or after December 21, 2017 will be exempt from transfer duties when a partnership is a party under conditions similar to those already enacted for companies. Click here to read explanations by Martin Lord (PDF).

Shall I stay, shall I move… and what about the relocation allowance?

In an earlier bulletin (“Shop elsewhere: it’s cheaper!”), we reminded that the duty of loyalty, implicit in any employment agreement under article 2088 of the Civil Code of Quebec, requires the employee’s constant and flawless honesty with the employer. Severe breaches from this duty may lead to dismissal, as seen in an arbitration award issued […]

An Estate Planning Resolution for 2018

A most common new year’s resolution focuses on the dreaded letter “D” for “diet”. However there are two other words starting with “D” that should be included in your new year’s resolutions and those are “disability” and “death”. If you have an up-to-date estate plan in place, you are on solid footing for 2018. However, […]

A great year end for RSS’s Business Law Group

An overview of the wide variety of deals and cases that RSS handles each and every day. From helping startups and assisting individuals to working along with major corporations, we provide the complete scope of legal services. Click here to read more (PDF).

The insured’s access to the insurer’s records and litigation privilege

In a recent decision (Fiset-Trudeau c. Compagnie mutuelle d’assurances Wawanesa, 2017 QCCS 5071), Madam Justice Florence Lucas held that an insurer’s notes and records, as prepared by its representatives, were subject to the litigation privilege and that, accordingly, the insurer could not be compelled to disclose them. Click here to read more (PDF).

Harassment is not costly only to stars…

Over the past few weeks, the media have been replete with reports of complaints alleging that high-profile individuals from the entertainment world had had improper if not abusive sexual behaviour with victims under their influence. Jacques Bélanger reminds employers that film stars and moguls are not the only people who could end up paying top dollar […]

The Court of Appeal confirms the existence of a triple presumption against the professional vendor and the manufacturer

November 1, 2017 — In CNH Industrial Canada Ltd. c. Promutuel Verchères, société mutuelle d’assurances générales, 2017 QCCA 154, the Court of Appeal confirmed that the purchaser of a property stricken with a latent defect, who sues the professional seller or the manufacturer, benefits from a triple presumption against the latter: presumption that there is a […]

Can an employer compel religious observance?

We have seen cases where employees asked their employer for time off to abide by certain religious obligations. Jacques Bélanger reports on a decision arising from quite a different situation, where an employer sought to compel an employee to abide by the latter’s religion. Click here to read more (PDF).

The Supreme Court of Canada rules: the indirect victim’s right is subject to a three-year prescription

Marcel-Olivier Nadeau examines a recent decision from the Supreme Court of Canada that sheds light on the prescription applicable to an indirect victim’s right of action. Click here to read more (PDF).

The concept of “gross fault” and the exemption of liability of a city following the re-ignition of a fire

In Intact, compagnie d’assurances c. Ville de Montréal (2017 QCCS 3753) rendered on June 26, 2017, the Superior Court had to determine whether the City of Montreal firefighters had committed a gross fault, thus preventing the city from invoking the exemption of liability provided for in section 47 of the Fire Safety Act (CQLR c […]
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