Newsletters

Not So Intelligent!

Since the widespread adoption of artificial intelligence tools, growing concerns have emerged regarding their use in judicial proceedings. Recent decisions have relied on section 342 of the Code of Civil Procedure to sanction parties who make improper use of such tools. More specifically, this provision has been invoked on several occasions to address the use or citation […]

So? Is it settled or not?

In an interim decision in Djaferian v. Spanoudakis,rendered on February 20, 2026, the Superior Court had to determine whether an offer made 15 months earlier, prior to the institution of proceedings, could still be accepted and result in a transaction. Summary of Facts and Timeline The Plaintiff, a co-owner who sustained water damage to his private […]

Office Parties and the Employer’s Duty to Prevent Harassment

In De Sousa and Corporation interactive Eidos, 2026 QCTAT 4, the Quebec Administrative Labour Tribunal (ALT) appears to have broadened the scope of an employer’s obligation to prevent harassment. The decision arose from a complaint filed by a former employee who had been sexually assaulted at her home by a colleague following an office party organized by the […]

Should Economic Losses Be Considered Property Damage?

The Quebec Court of Appeal in Zurich, Compagnie d’assurances SA c. CRT Construction inc., recently overturned the Superior Court’s decision on the interpretation of a construction insurance policy. Facts CRT Construction Inc. (“CRT”) was retained by the City of Montreal (“City”) to perform major construction work at the Atwater water treatment plant. At the City’s request, CRT […]

The Court of Appeal delves deep into the parties’ intentions and claimant hits a wall…

The Facts In the context of a project for the construction of a ten-storey condo building, the excavation contractor subcontracts the design and installation of a Berlin-type retaining wall (the “Wall”) to Phénix Maritime inc. (“Phénix”) which, in turn, subcontracts the design to Les Investigations Marcel Leblanc inc. (“IML”). Problems arise that substantially delay the […]

New CAI Guidance on Preventing Confidentiality Incidents: A Practical Roadmap for Businesses in Quebec

On January 30, 2026, Quebec’s privacy regulator, the Commission d’accès à l’information (“CAI”), published fresh guidance aimed at strengthening how organizations prevent confidentiality incidents involving personal information. Confidentiality incidents are one of the most significant privacy risks facing organizations today. In Quebec, these incidents are governed by several laws, including the Act respecting the protection […]

Not-So-Latent Defects for a Poorly Equipped Tradesman

In Beaudoin v. Boucher, 2025 QCCA 1646, rendered last December 19, the Court of Appeal upheld the dismissal of an action in latent defects brought by the buyers of a residential property. The Court reiterated the buyer’s duty to pursue further inspections when confronted with serious indicia of defects, particularly where they possess recognized expertise […]

When Love and Construction Contracts Go Out the Window…

In Gélinas v. LG Constructions TR inc., rendered on October 30, 2025, the Court of Appeal comments on the legal framework governing a contractor unilaterally terminating two construction contracts. In particular, the Court clarifies the application of article 2129 of the Civil Code of Quebec (“C.C.Q.”), which provides, when applicable, that a client is bound […]

Finally Properly Interpreted, the Policy Had a Heart

In a recent decision, Morissette v. BMO Société d’assurance vie, the Superior Court reviewed the principles applicable to the interpretation of insurance policies. Facts In June 2003, the Plaintiff took out a health insurance policy (hereinafter “Policy”) with BMO Société d’assurance vie (hereinafter “BMO”). The Policy provides, among other things, that $150,000 will be paid […]

When the Remedy Becomes the Dispute: Medical Liability Under Scrutiny

In the case N.L. v. Mathieu, 2025 QCCS 517, the Superior Court dismissed a medical liability lawsuit filed by a teacher against her former family doctor, in which she sought over $1.9 million in damages. The plaintiff accused her doctor of having inappropriately prescribed medication over several years, without proper follow-up and without informing her […]

Bill 89 and the Future of Labour Disputes in Quebec

Passed by the National Assembly on May 29, 2025, Bill 89 (An Act to give greater consideration to the needs of the population in the event of a strike or a lock-out, hereinafter the “Bill”) will come into force on November 30, 2025. The Bill, which has faced strong opposition from unions, will bring significant […]
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