Articles

Revamp of the Canada Labour Code:  Overview of the Principal Amendments to Part III

As announced, the Canada Labour Code (the “Code”) has been thoroughly revamped effective September 1st, 2019, with the coming into force of several amendments to Part III.
The new provisions reflect Parliament’s intent, through the introduction of a range of more flexible labour standards, to achieve a better work-family balance, and to protect workers in insecure situations.

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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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