Newsletters

An employer’s right to regulate an employee’s appearance — jewels, tattoos, unusual clothing — has given rise to numerous decisions over the years. Each case’s characteristics can present difficulties, as seen in a recent decision by the Court of Appeal of Québec (Aliments Olympus (Canada) inc. c. Union des employés de la restauration, métallurgistes unis d’Amérique, section […]

Once a thief, always a thief, as the saying goes. But should an employee be fired merely for stealing a few dollars’ worth of goods from his employer? That question recently went all the way to the Court of Appeal. The loot: two bags of chips! The employee has been with his employer, a potato […]

Under the Labour Standards Act [Act], an employee who believes that he has been dismissed without a good and sufficient cause may, under certain conditions, file a complaint that could allow him to receive substantial compensation or even cause his reinstatement. However, “senior managerial personnel” are excluded from this regime. The question is then, how […]

With article 342 of the Code of civil procedure [CCP], a Court can now remedy “substantial breaches” in the conduct of a proceeding by ordering the faulty party to pay to its opponent a fair and reasonable amount as compensation for its lawyer’s fees. In the recent decision Hotel Ruby Foo’s inc. c. 9149-0417 Québec […]

At the onset of an investigation, whenever the insurer has reasons to suspect that coverage may be an issue, it usually requires the insured to sign a non-waiver agreement that will allow the insurer to investigate the situation without jeopardizing its rights. However, could some of the insurer’s subsequent actions amount to renunciation of these […]

A recent decision from the Tribunal administratif du travail could usher in a whole new reality in Quebec labour law: supervisors having the right to collective bargaining and to go on strike! What impact will this decision have if it is followed in other cases? How can an employer make sure that supervisors in charge […]

What is the standard to which a municipality can be held in the maintenance of its infrastructures? Are budget considerations relevant in the appreciation of its conduct? Such were the questions raised before the Quebec Court of Appeal in Montréal (Ville de) c. Compagnie d’assurances Coseco, a recent case that raised the impact of article […]

2016 has come to an end. Once again, it was an eventful year at RSS. The deals and cases that have kept us busy reflect the breadth of our professional activity and the various facets of Quebec’s economy. We are pleased to provide this sampling of the matters that we worked on throughout the year. […]

“Park’n Fly” services have become ubiquitous. A hotel, generally located close to an airport, provides one night’s accommodation, breakfast, car parking during the stay abroad and shuttle services to and from the airport, all for a flat fee. The service is especially popular in the wintertime, as the lure of warmer climates suddenly becomes irresistible […]

Over the past couple of years, the language of commercial signs has been a recurring theme in the media. In April of 2014, the Superior Court rendered its decision in the Best Buy case, ruling that businesses with English-language trademarks could not be compelled to change their signs to add a French generic term — for […]