Articles

An Employer Can File a Counterclaim Against an Employee in an Action Brought by the Labour Standards Commission on the Employee’s Behalf

In the matter of Commission des normes du travail v. Compagnie d’assurances Standard Life du Canada, the Court of Québec had to decide whether an employer could file a counterclaim against an employee in proceedings in which Quebec’s Labour Standards Commission (the “Commission”) was suing the employer on behalf of the employee. It should be noted that the majority of the Court’ of Québec’s previous decisions were to the effect that it could not, despite the fact that the Court of Appeal had previously suggested that an employer could do so.

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Quebec Contracts for the Supply of Natural Gas by a Private Supplier: No Right of Early Termination

In the matter of Athena Energy Marketing Inc. v. 9080-9211 Québec Inc., the Superior Court of Quebec dealt with the issue of how to characterize the legal nature of a contract for the supply of natural gas by a private supplier . After analyzing the specifics of the contractual relationship, the Court concluded that the agreement between the parties was a contract of sale rather than a contract of enterprise or services contract.

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The Solicitor-Client Privilege Regarding Legal Fees: the Decision in Kalogerakis v. Commission scolaire des Patriotes

In its decision in Kalogerakis v. Commission scolaire des Patriotes rendered on May 21, 2014, the Court of Québec dealt with the appeal of two decisions from the Québec’s Access to Information Commission (the “Commission”) dismissing requests for disclosure of the amount of professional fees billed by lawyers retained by public entities, on the ground that the information was protected by solicitor-client privilege.

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