Two decisions were rendered recently by the Superior Court of Québec concerning legal construction hypothecs. These decisions highlight the importance of respecting the conditions for the validity of any claim made regarding this type of security, whether they be procedural ones or those that give rise to the right to register such a charge.
Article 916 of the Civil Code of Québec (the “CCQ”) provides that “No one may … acquire for himself property of legal persons established in the public interest that is appropriated to public utility”.
Compliance of a bid depends on the compatibility of two sets of documents: the call-for-tender documents and the documents comprising the bid. Two recent cases are indicative of the range of issues our courts are called upon to decide in this area.
The Supreme Court of Canada’s Decision in CDPJD v. Bombardier
On July 23, 2015, the Supreme Court of Canada rendered a decision involving issues of both discrimination and national security (Quebec (Commission des droits de la personne et des droits de la jeunesse) v. Bombardier Aerospace Training Center, 2015 SCC 39). This decision clarifies the analytical process that a complainant must follow and the evidentiary threshold he or she must meet to prove that the complainant was discriminated against as contemplated by Quebec’s Charter of human rights and freedoms (the “Charter”), despite the evidentiary difficulties entailed by national security measures.
Last June 29th, Porter Airlines Inc. agreed to pay $150,000 pursuant to an agreement with the Canadian Radio-television and Telecommunications Commission (CRTC), for alleged violations to Canada’s anti-spam law. Porter Airlines was indeed under investigation by the CRTC for these alleged violations.
This past June 15, in the matter of Commission de la santé et de la sécurité au travail v. Caron, the Quebec Court of Appeal rendered a precedent-setting decision regarding the obligation of Quebec’s workers’ health and safety commission (the Commission de la santé et de la sécurité du travail, or CSST) and Quebec’s work-related injuries commission (the Commission des lésions professionnelles, or CLP) to examine, in a right-to-return-to-work situation, whether or not the employer has complied with its obligation of reasonable accommodation.