In its decision in Pharmacie Jean-Sébastien Blais inc. v. Pharmacie Éric Bergeron et André Vincent Inc., 2018 QCCA 1895, the Quebec Court of Appeal confirmed the unilateral right of a vital employee to resign without notice and to refuse to indemnify his or her employer for loss of clientele following the resignation.
Recreational cannabis hasn’t been legal for long, but a lot of ink has already been spilled about it. While the media have given extensive coverage to its potential health effects and to the impacts and ramifications of cannabis use for employers, little has been said regarding the commercialization and marketing of this new product and its accessories by businesses.
The Supreme Court Unanimously Overturns the Decision of the Federal Court of Appeal in Callidus Capital Corporation v. Canada
Where there is a bankruptcy, there is no personal liability of a secured creditor to the Crown for funds received prior to the bankruptcy from a realization of assets that were subject to the deemed trust under the Excise Tax Act (Canada) (“ETA”).
Cannabis is now a consumer product in Quebec already captured by a restrictive legislative framework, which includes the Consumer Protection Act (“CPA”).
The CPA is a statute of public order that cannot be set aside and that applies to all contracts in Quebec between a consumer, a natural person acquiring products or services for a personal use, and a merchant in the course of its business.
On November 2 the Supreme Court of Canada rendered a highly anticipated decision in the judicial saga involving Churchill Falls (Labrador) Corporation Limited (“CFLCo”) and Hydro-Québec. The Court dismissed CFLCo’s appeal virtually unanimously for a lack of any legal basis, and in doing so refused to countenance any application of the theory of unforeseeability in Quebec law or any broadening of the concepts of good faith and equity in order to impose on one of the contracting parties an obligation to renegotiate the contract.
Section 59.1 of the Professional Code: Stricter Sanctions and Management of Proceedings
On June 8, 2017 some significant amendments to the Professional Code (the “Code”) came into force. Among them were amendments to section 156 increasing the severity of penalties for offences of a sexual nature targeted by section 59.1 of the Code or similar provisions in the various codes of ethics of Quebec’s professional orders.