Busboys in a Restaurant Are Employees Who Receive Gratuities or Tips, the Court of Appeal Rules

On April 4, 2019, the Quebec Court of Appeal rendered its judgment in the matter of 2915499 Canada Inc. v. Commission des normes, de l’équité, de la santé et de la sécurité au travail, in which it had to decide the following question:

Do busboys working in the appellant’s restaurant come within the definition in the Regulation respecting labour standards of an “employee who receives gratuities or tips”?

Continue reading

When Spring Weather Causes Nasty Surprises

The coming of spring is often accompanied by meteorological cocktails that can cause roofs to leak or even collapse.

If such damage occurs to your building, here are some legal tips and strategies that should be implemented without delay in order to arrive at an appropriate solution and avoid aggravating the situation.

Continue reading

The Offer to Purchase a Condominium: Some Important Aspects

This article first appeared in French in the Spring 2019 edition of the magazine Copropriété Plus.
The high season for real estate transactions has begun. Are you thinking of selling your condo in order to pursue another project? Or are you looking for the condo of your dreams? The initial contractual link that will be established between the owner (seller) and the purchaser will be an “offer to purchase”, or “promise to purchase”.

Continue reading

Application of the Police Informer Privilege to the Syndic of a Professional Order

Recently, in the matter of Bilodeau v. Directeur des poursuites criminelles et pénales, the Quebec Superior Court pointed out that while the powers of the syndic of a professional order are extensive, they are not limitless. For certain exceptions to the rules of evidence apply to those powers and prevent the syndic from having access to all the documents it may require. This is the case in particular with the police informer privilege, whereby the informer’s identity cannot be revealed, whether in civil, criminal, penal or administrative proceedings, or during a preliminary inquiry or testimony at trial.

Continue reading