In recent years, we have seen a significant change in the profile of the workforce: more and more retirees are choosing to return to the labour market or are finding it necessary to do so. Employers need to be aware of the issues and questions raised by an aging workforce.
We often witness misconduct in the course of labour disputes, with the union side sheltering behind freedom of expression. The Canadian Charter and the Quebec Charter both guarantee freedom of expression.
How is a dispute between arising while a collective agreement is still in effect to be managed? When the parties are governed by a collective agreement, all disputes must be resolved through the grievance and arbitration process.
Is there a distinction in civil law between the concepts of “best efforts” and “reasonable efforts”? Many lawyers have had this discussion when negotiating various commercial agreements. It must be said that there is much less case law on this subject in Quebec than in the other Canadian provinces.
On December 31, 2014 the final version of Regulation 58-101 respecting disclosure of corporate governance practices (the “Regulation”) including Schedule 58-101A came into force in the following jurisdictions: Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Quebec and Saskatchewan (the “Participating Jurisdictions”).
Next fall, the rules of civil procedure in Quebec will undergo major changes with the coming into force of the new Code of Civil Procedure (the “New Code”). Among other things, this major overhaul will promote private dispute prevention and resolution methods such as mediation, arbitration and settlement conferences, by incentivizing parties to use them before going to court.
This coming January 28, Quebec, like many other jurisdictions around the world, will be celebrating Data Protection Day. While governments launch public awareness campaigns to encourage the secure use of information technologies, Canadians are becoming more and more concerned about the security of their personal information held by various organizations. A 2013 study found that fully 66% of Canadians were “very concerned” about the degree to which their privacy was being protected.