Publications

Inaction May Be Fatal to the Insured

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.

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Workplace Safety Obligations at the Port of Montreal: Hardhats Over Turbans

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.

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Due Diligence

You’re thinking of acquiring a business and wondering whether it’s worthwhile to do due diligence? Here is a summary of some considerations that will help you better understand the importance of that exercise.

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Time Limit for Publication of an Amendment to a Call for Tenders – Reflections on the Impact of Recent Legislative Amendments on Your Contractual Strategy

This article first appeared in French in the September 2016 edition of the “Direction APPRO” bulletin of the Quebec Corporation of certified municipal officers (COMAQ).

The time limit for the receipt of bids for construction, supply and services contracts involving an expenditure of at least $100,000 is no less than 15 days following the publication of the call for tenders.

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Suspension of Arbitration Hearing Pending a Court Decision on the Constitutionality of Bill 15: Two Contradictory Decisions

Following the publication of our last article, entitled “Quebec’s Bid to Reform Municipal Pension Plans Will Have to Wait for the Superior Court to Determine the Validity of Bill 15”, which concerned the decision rendered by arbitrator Claude Martin in the matter of Ville de Montréal v. Fraternité des policiers et policières de Montréal, a second interlocutory decision in a similar case was rendered barely one month later in the matter of Ville de Montréal v. Syndicat des professionnelles et professionnels municipaux de Montréal.

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