In its recent decision in CNH Canada Ltd. v. Promutuel Lac St-Pierre – Les Forges, société Mutuelle d’assurances générales, 2015 QCCA 204, the Court of Appeal confirmed that an insurer’s subrogatory rights against a manufacturer, in this case represented by LKD, is limited to the rights that its insured had in the covered product, regardless of the extent of the indemnity paid out to the insured further to the loss.
On June 5, 2014, the Quebec Superior Court, sitting in judicial review of a decision of the Commission des lésions professionnelles (the “CLP”) caused considerable consternation regarding the interpretation of the Act Respecting Industrial Accidents and Occupational Diseases (the “Act”) by concluding that an employer, despite having contributed to a comprehensive regime for rehabilitating a worker following an industrial accident, must also fulfill the duty to accommodate under Quebec’s Charter of Human Rights and Freedoms (the “Charter”).
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.
“Best Efforts” and “Reasonable Efforts” Clauses in Commercial Contracts
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”).