Articles

Employees’ Use of Employer’s Email System to Send Union-Related Messages in a Collective Bargaining Context

In its decision in Association professionnelle des ingénieurs du Gouvernement du Québec v. Procureure générale du Québec rendered on July 4, 2019, the Quebec Court of Appeal overturned a judgment of the Superior Court granting a motion for judicial review of a decision of the Labour Relations Board (Commission des relations du travail) (the “Board”) now known as the Administrative Labour Tribunal.

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Untoward Habit or Addiction

A recent arbitration award in Nova Scotia has concluded that sex addiction, which is sometimes invoked by employees to justify inappropriate behaviour in the workplace, does not constitute a disability. Consequently, it is not possible to argue that it is a mitigating factor or that it triggers the employer’s duty to accommodate.

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No Mulligans: The SCC Highlights the “Difficult Strategic Choice” Faced by Québec Defendants Sued Abroad

This article originally appeared in the July-August 2019 issue of Canadian Lawyer InHouse magazine.

Recently, in Barer v. Knight Brothers LLC, the Supreme Court of Canada clarified the applicable threshold for a party’s submission to a foreign court’s jurisdiction under the Civil Code of Québec. Québec defendants sued abroad – and foreign companies sued in Québec – should take notice.

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Is Confidential Information in Your Municipal Archives Provided by Contractors Actually Available to Anyone?

This article first appeared in French in the summer 2019 edition of the periodical Carrefour of the Quebec Corporation of chartered municipal officers (COMAQ).

Over the last few years, Quebec’s Access to Information Commission (“AIC”) has rendered several decisions on the concept of “municipal archives”, a term which is found in legislation pertaining to municipalities, particularly pursuant to access to information requests for the contents of bids received following a public call for tenders.

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Notice to Real Estate Promoters and Owners of Properties Located in Flood Zones: Moratorium on Construction or Reconstruction of Buildings

Following the major flooding that occurred during the spring thaws of 2017 and especially 2019, the provincial government accelerated its review of the procedures for managing flood zones and announced the imminent adoption of a Draft Order respecting the declaration of a special planning zone to promote better management of flood zones and the exemption of the territory contemplated in the draft Order from certain prohibitions following its publication.

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