Articles

Is an Injury Sustained While Clearing Snow off a Vehicle an “Automobile Accident”?

This article is a modified version of a case comment initially published by Éditions Yvon Blais in November 2017(EYB2017REP2353).
The Automobile Insurance Act (the “Act”) is intended to facilitate the indemnification of victims of road accidents, through a no-fault insurance regime. However, not every mishap in connection with an automobile necessarily constitutes an “accident” as defined in the Act, as the decision in Blackburn v. Vaillancourt shows.

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Dismissal of an Incompetent Employee: the Superior Court Weighs in on the Matter of the Employer’s Obligation to Reassign the Employee Prior to Dismissal

A ruling rendered by the Honourable Justice Pierre C. Gagnon of the Superior Court revisits the test proposed by the Québec Court of Appeal in 2005 in the Costco Wholesale Canada Ltd. matter with regards to administrative dismissal for incompetence. The Superior Court rules that, before proceeding with the dismissal of an incompetent employee, the employer must (i) follow the five criteria outlined by the Court of Appeal and (ii) have made a reasonable attempt to find an alternate solution to dismissal. We will examine this matter in further details below.

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Federal Employers – Tabling of a Bill for the Prevention of Harassment

On November 7, the federal Minister of Employment, Workforce Development and Labour, the Honourable Patty Hajdu, tabled Bill C-65 in order to strengthen the existing legal frame for the prevention of harassment and violence in the workplace. This Bill modifies Part II of the Canada Labour Code and the Parliamentary Employment and Staff Relations Act.

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Merry Christmas #MeToo

December is just around the corner, so the Office Christmas Party season has officially begun! Since there is no surefire prescription for an incident-free Christmas party, employers should start taking proactive and precautionary steps now for ensuring adequate supervision and control of their events.

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