Articles

In a recent decision, the Superior Court of Quebec addressed the impact of the COVID-19 pandemic on the contractual obligations of parties to a commercial lease. This decision is likely the first of many to address this increasingly pervasive issue for businesses operating in Quebec.

The forced hiatus in business activity and the economic shock caused by COVID-19 have hit many Quebec business owners hard. The impact is especially heavy for owners saddled with the burden of succession planning and finding no one to take over the reins. Currently, 30 to 60,000 Quebec businesses are in danger of disappearing within five years due to a lack of suitable successors.

It has long been established that a party subject to expropriation is not entitled to the reimbursement of legal fees as damages caused by the expropriation. However, there are two exceptions to this rule: (1) where there has been bad faith or abuse of process by the expropriating party; and (2) where expropriation proceedings have been discontinued. This legal framework was recently reconfirmed by the Administrative Tribunal of Québec in Ferme Ménanmar v. Contrecœur (Ville), 2020 QCTAQ 01777.

In a contentious 5-4 split decision, with 3 justices providing the main reasons, 2 justices concurring and 4 judges dissenting, the Supreme Court of Canada has ruled that the Parliament of Canada has the power to prohibit genetic discrimination. Specifically, Justice Karakatsanis found that the purpose of the Genetic Non-Discrimination Act is to ensure that individuals’ genetic test results will not be used against them and to prevent any form of discrimination based on that information. This, according to the Court, falls squarely within Parliament’s criminal law powers under s. 91(27) of the Constitution Act of 1867 because it responds to a threat of harm to several overlapping public interests protected by the criminal law – autonomy, privacy, equality and public health.

Over 890 employers and employees in Quebec have already signed the Charter of Commitment to Combat Coronavirus in the Workplace (the Charter). The Charter was published on the initiative of the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST), following consultations with major union and employer representatives.

On March 15, 2020, the Chief Justice of Quebec and the Minister of Justice issued Order 2020-4251 (the “Suspension Order”), pursuant to Article 27 of the Code of Civil Procedure, following the March 13, 2020 declaration of a health emergency resulting from the coronavirus and COVID-19 crisis. The Suspension Order provided for the suspension of prescription and forfeiture periods for civil matters, as well as deadlines for civil procedures.

On July 13, 2020, the Chief Justice of Quebec and the Minister of Justice and Attorney General of Quebec announced that the suspension of deadlines in both civil and criminal matters would be lifted as of September 1, 2020.