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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 […]

In Maison Jean-Yves Lemay Assurances inc. c. Bar et spectacles Jules et Jim inc., 2016 QCCA 1494, the Quebec Court of Appeal reiterates the broker’s duty to review the building’s replacement value and coverage when renewing the insurance policy for the property. The facts The case began in June 2010, when the insured sought to […]

If you are involved in drafting or interpreting insurance policies, you should be interested in the following. The Supreme Court of Canada, in Ledcor Construction Ltd v. Northbridge Indemnity Insurance Co., recently ruled on two key points: the appropriate standard of review for standard form contracts; and the interpretation of the faulty workmanship exclusion contained […]

This was upheld by the Quebec Superior Court in 3457265 Canada inc. c. 9124-8948 Québec inc., 2016 QCCS 2462. In this case, the activities of the insured were the repair and maintenance of aircraft in its workshops located at the airports of Saint-Mathieu-de-Belœil and Mirabel. The liability insurance policy issued by the insurer provided the […]