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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 […]

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).

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).

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 […]

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 […]

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).

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 […]

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 […]