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Superior Court of Quebec Renders Landmark Transgender and Non-Binary Rights Decision

By Doree Levine and Theodora Mourdoukoutas, from our Family Law Group PDF version On January 28, 2021, in Center for Gender Advocacy v. Attorney General of Quebec, 2021 QCCS 191, Hon. Gregory Moore, J.C.S., the Superior Court of Quebec rendered a landmark human rights decision, invalidating a number of provisions of the Civil Code of […]

Can a Paid Party Be Exempt From Liability Under the Fire Safety Act?

By Mariella De Stefano, from our Insurance Law Practice Group PDF version January 31, 2021 — In the case of J. Noël Francœur inc. c. Industrielle Alliance, assurances auto et habitation inc., 2020 QCCA 1676, the Court of Appeal was called upon to interpret certain provisions of the Fire Safety Act [FSA], more particularly section 47 […]

A Snapshot of our Recent Activity — Business Law

PDF Version A Centennial… Already! January 29, 2021 — I am pleased to be writing this introduction to our first newsletter of 2021, which highlights some interesting developments in business law and matters in which we have recently been involved. I will begin by wishing you, our clients, all of our colleagues, friends and business partners […]

A Snapshot of our Recent Activity — Insurance Law

January 18, 2021 — First and foremost, we would like to wish you all a very happy and prosperous 2021 in both your personal and professional lives. We look forward to sharing with you a snapshot of our activities over the course of the year. Since our previous six-month review, the firm has been very busy. […]

Why Venturing Into a Verbal Partnership Is Fraught With Risk

By Jonathan Feingold, from our Business Law Group December 11, 2020 — The case of Brossard v. 2868768 Canada Inc. (PDF), October 5, 2020, Montreal, 500-17-079916-139 (CS) is yet another cautionary tale about the hazards of doing business (and entering into a partnership) on a handshake. As simply stated by the Court, This case is the […]

Update on the Requirement to Disclose Your Prête-Nom or Nominee Agreements to Revenu Québec

By Sharon G. Druker and Geneviève Goulet, from our Business Law Group. December 8, 2020 — As previously explained in our August 15, 2019 newsletter, Revenu Québec announced new rules on May 17, 2019 requiring the disclosure of all nominee agreements. The application of those rules was suspended until regulations could be adopted. Bill 42 implementing […]

The Obligation to Defend: The Superior Court Steps In

By Patrick Henry, from our Insurance Law Practice Group. December 4, 2020 — The Superior Court’s decision in Labelle c. Jivestudio Inc., 2020 QCCS 3420, rendered in the midst of the pandemic, ruled on the underlying criteria to determine, at a preliminary stage, whether an insurer has an obligation to take up its insured’s defence. The […]

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 […]