Publications

On November 1, the Honourable Sophie Bourque of the Superior Court of Québec handed down a decision that will have a huge impact on Indigenous law in the case of R. c. Montour. This decision marks a major paradigm shift in how the relationship between the Crown and Indigenous peoples is conceived; it has also upset Canada’s constitutional order.

Our team has put together an overview of several important matters addressed in this decision.

On May 18, 2023, in Lareau c. Centre du camion Gamache inc., the Court of Appeal of Quebec issued a decision of particular interest regarding the concept of constructive dismissal, clarifying the circumstances that constitute constructive dismissal and calculation of any compensation due, if any.

On November 10, the country’s highest court issued an interesting decision on employers’ health and safety obligations in R. v. Greater Sudbury (City), 2023 SCC 28. The decision reaffirms that occupational health and safety (OHS) is everyone’s responsibility and that an employer can be held liable for an OHS violation even if it is not the fault of one of its own employees.

This decision is of interest to owners that hire general contractors to manage projects.

Office holiday parties are a wonderful time for employers to highlight employees’ accomplishments, thank them for their contributions to the company and give them a chance to mix and mingle in a more relaxed setting.

Here are a few reminders to help prevent unfortunate incidents and ensure that these events go off without a hitch. 

When an insured claims compensation, the mere possibility that the claim falls within the scope of the policy triggers an obligation, on the part of the insurer, to defend the insured in a litigation dispute.1 However, some claims may involve damages that are not covered, while others are. In this specific case, must the insurer assume the defence costs associated with all claimed items, or can it exclude those incurred for non-covered damages?

The recent ruling of the Supreme Court of Canada in Sharp v. Autorité des marchés financiers will have far reaching implications in the fields of administrative law, international private law, and securities law in Québec.