Newsletters

“Shop elsewhere: it’s cheaper!”

When the cashier of a grocery store informs a customer that he could save by shopping at a competitor’s store, she is obviously disloyal to her employer. Should she be fired for this? Jacques Bélanger reports on a recent decision from the Court of Appeal of Québec that addressed this question. Click here to read […]

How was our first half of 2017?

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 major corporations, we provide the complete scope of legal services. To read more (PDF).

Can you claim solicitor-client privilege against your own insurer?

On June 20, 2017, the Court of Appeal of Québec confirmed that an insured cannot invoke solicitor-client privilege to refuse to provide its insurers with legal opinions upon which it relied to settle a claim in which it was a defendant (Chubb Insurance Company of Canada c. Domtar inc., 2017 QCCA 1004). In 1998, Domtar […]

Your employee may be a gem, but can he wear his piercing?

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 […]

Does petty theft justify a dismissal?

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 […]

How can you tell senior managerial personnel?

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 […]

A new tool to defeat dilatory tactics in judicial proceedings

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 […]

Non-waiver agreement, emergency measures and renunciation by the insurer

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 […]

Good grief! Foremen on the picket line?

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 […]

Cities’ and towns’ liability in cases of water main breaks: presumption of fault and financial capacity

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 […]
   ...      ...