Articles

Understanding the Criteria for Admissibility of a Surveillance Operation as Evidence

Last October 3, the Court of Appeal of Québec issued an important decision in the CSSS Vallée-de-la-Gatineau Workers’ Union case, concerning the admissibility as evidence of a videotape obtained as part of a surveillance operation. In this case, the Court of Appeal nullified an arbitration award that had previously refused to admit into evidence a videotape showing an employee engaged in activities that were incompatible with her state of disability.

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Office Holiday Parties Without a Hitch: Suggestions to Celebrate in a Responsible Manner

The first snowfalls of November have announced the return of a special season for local businesses: the holidays. The same questions come up every year: employers are wondering how to offer a memorable evening to their employees while avoiding excesses and inappropriate behaviour.

Here are some suggestions to consider for minimizing the possibility of incidents during office festivities.

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Demystifying the Obligations of the Real Estate Promoter

The real estate promoter plays a key role in the various construction projects seeing the light of day, namely because of its knowledge of the demand, means of financing, interesting land areas and regulatory aspects. Often the driving force of new real estate offers, the real estate promoter is as a natural or legal person that not only creates a concept or develops a real estate project, but also ensures its marketing and completion

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The Legal Construction Hypothec for Work Requested by a Lessee: Scope and Purpose

The Civil Code of Quebec provides that only the work requested by the owner of the immovable may give rise to the legal construction hypothec. But what happens in a commercial leasing context where the work performed on the immovable is requested by the lessee of the leased premises? Can the lessee’s contractors benefit from the legal construction hypothec and, if so, under what conditions?

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Harassment Policy: Last Chance to Be in Good Standing

The amendment of the Act respecting labour standards, which requires employers to adopt and make available to their employees “a psychological harassment prevention and complaint processing policy that includes, in particular, a section on behaviour that manifests itself in the form of verbal comments, actions or gestures of a sexual nature” came into force on January 1, 2019. However, we recently learned that the CNESST decided to grant a grace period of one year before imposing sanctions on employers that did not comply with this obligation.

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