Articles

Some public-sector entities that award construction contracts are now imposing penalties of up to $100,000 in cases where key employees designated in a contractor’s bid (e.g. project manager, superintendent) are replaced without authorization while the project is ongoing. Being bound by such an obligation can have serious, even fatal, consequences for contractors in a highly competitive market where labour is increasingly mobile and projects can go on for long periods of time.

Multijurisdictional class actions simultaneously prosecuted in various provinces are more and more common. In the matter of Endean v. British Columbia, 2016 SCC 42, the Supreme Court of Canada recognized that superior court justices handling such cases could sit outside their home provinces jointly with their counterparts from other provinces if in the best interests of justice.

An employer has the power to discipline employees if their behaviour is at odds with the employer’s policies and rules governing conduct in the workplace.

But do employers have the same disciplinary power regarding reprehensible behaviour that occurs outside the workplace? An arbitrator recently had to decide this question in the matter of Syndicat des travailleurs et travailleuses Canam Structal (CSN) and Groupe Canam pour son établissement Structal.

A prudent and diligent purchaser of a used automobile for personal or commercial use will always consult the Register of Personal and Movable Real Rights (the “RPMRR”) before concluding the transaction.

In order to fulfill its obligations, the insured must be proactive in its relationship with the insurer. As a general rule, it must voluntarily disclose relevant information regarding the risk or the loss, and act in such a way that materialization of the risk remains unpredictable.

Two recent decisions focus on the insured’s conduct towards the insurer, before and after the occurrence of a loss. These cases bring to light situations where the insured could well forfeit its right to indemnification due to its own inaction.

Despite the best intentions, it is not always possible to accommodate the religious practices of workers. In the case of Singh v. Montreal Gateway Terminals, the Quebec Superior Court held that port terminal operator Montreal Gateway Terminals (“MGT”), because of its workplace safety obligations, was entitled to require Sikh truck drivers to wear a hardhat on top of their turban while in the workplace.