Articles

Waiver of the Client’s Unilateral Termination Right: the Clause Can Survive the Automatic Renewal of an Agreement

The Civil Code of Québec (the “CCQ”) provides that a client can unilaterally terminate a service agreement even where the work or provision of the services is already in progress. The corollary of this right of unilateral termination is the client’s obligation to compensate the service provider for any loss it may have suffered, such as the costs and expenses it has incurred, the value of the work performed as at the termination date, and in some cases the value of any property supplied to the client.

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Costs Due to Treatment or Failure to Provide Treatment: the Workers’ Compensation Tribunal Puts an End to a Debate1

Québec’s Workers’ Compensation Tribunal, the Commission des lésions professionnelles, (the “Commission”) recently struck a panel of three commissioners in order to resolve conflicting decisions on the application of section 327(1) of the Act respecting Industrial Accidents and Occupational Diseases (the “Act”) concerning the imputation of certain costs. The commissioners have now rendered their decision: when a worker experiences one or more complications from treatment received for an occupational injury or disease, the employer can request that the costs associated with such a complication be transferred to all employers, on one condition…

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