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Bill 59: An Act to Modernize the Occupational Health and Safety Regime

By Eliab Taïrou, from our Labour and Employment Law Group November 20, 2020 — This reform was eagerly awaited in Quebec workplaces. On October 27, 2020, the Minister of Labour, Employment and Social Solidarity, Mr. Jean Boulet, tabled Bill 59, the Act to modernize the occupational health and safety regime [“Bill 59”]. It is in fact […]

An Insured Is Bound by His Statements About His State Of Health

By Élisabeth Laroche and Alice Bourgault-Roy, from our Insurance Law Practice Group November 10, 2020 — The decision in Croteau (Succession de Roy) c. TD Compagnie d’assurance-vie, 2020 QCCS 3539, rendered on October 21, deals with the nullity of a contract of insurance of persons for misrepresentation and/or concealment. The Court reiterated that the insurer, represented […]

Sometimes Being a Corporation Hurts When Charges Are Filed!

By Theodore Goloff, from our Labour and Employment Law Practice Group November 10, 2020 — Though the Canadian Charter of Rights and Freedoms provides at section 12 the protection of an accused against imposition of “cruel and unusual treatment or punishment”, the Supreme Court has now held, in Quebec (Attorney General) v. 9147-0732 Quebec inc., 2020 SCC […]

Future Electronics v. Chubb Insurance: The Insurer Prevails in Canada’s First Ruling on the Social Engineering Fraud Endorsement

By Nick Krnjevic and Maro Coric, from our Insurance Law Practice Group October 15, 2020 — The Quebec Superior Court ruling rendered on September 29 in Future Electronics Inc. (Distribution) Pte Ltd. v. Chubb Insurance Company of Canada, 2020 QCCS 3042 is the first Canadian decision, and only the second North American ruling, that has analyzed […]

The Warranty Against Latent Defects: The Importance of Presumptions

By Mariella De Stefano, from our Insurance Law Practice Group October 6, 2020 — The Superior Court’s decision in Compagnie d’assurances AIG du Canada c. Kenworth Québec inc., 2020 QCCS 1377, is a reminder of the principles applicable to the warranty against latent defects. In April 2014, a Kenworth vehicle belonging to the City of Shawinigan [City] […]

COVID-19: RSS’s Responses (updated October 6)

From day one of the crisis that we are living, RSS has sprung to action to face the situation. We have explored the legal aspects of the situations arising from the pandemic. The legal system is surely hit by the pandemic; but it also brings solutions. RSS wishes to bring to your attention the results […]

COVID-19: Home Renovations in the Red Zone

By Sydney Warshaw and Sara Laraichi, from our Business Law Practice Group October 6, 2020 — Since October 1, Greater Montreal, Québec City and several parts of Quebec are plunged into the “red zone”. This represents the highest alert level for COVID-19 and came with several accompanying restrictions. Unlike in March, when the provincial lockdown was […]

Notice to Employers: Economic Recovery Benefits and New Protection for Employees in the Event of Absence Related to COVID-19

By Eliab Taïrou, from our Labour and Employment Law Group October 2, 2020 — On October 1, 2020, An Act relating to certain measures in response to COVID-19 (Bill C-4 — formerly C-2) was passed by the House of Commons of Canada and now awaits Senate support and Royal Assent before coming into force. This legislation comes following […]

Coverage Under a Wrap-up Policy May Be Excluded When the Work Is Not Completed

By Mariella De Stefano, from our Insurance Law Practice Group September 15, 2020 — In Constructions Reliance inc. (Constructions Reliance du Canada ltée) c. Compagnie d’assurances Temple, 2020 QCCA 947, recently rendered by the Court of Appeal, the Court concluded that the judge of first instance had not committed any error in deciding that the wrap-up […]

An Order to Enforce a Restrictive Covenant Is Not Automatic

By Normand Laurendeau, from our Labour and Employment Law Group September 2, 2020 — Non-competition and non-solicitation clauses are commonplace in employment contracts and are subject to rules that have been well defined by the courts. However, as illustrated by the recent Superior Court decision in FLS Transportation Services Limited v. Fuze Logistic Services Inc., 2020 […]