Diversity and the equal representation of men and women on corporate boards of directors are of increasing interest to investors, Canadian financial-market regulators and the general population.
In the matter of Commission des normes du travail v. Compagnie d’assurances Standard Life du Canada, the Court of Québec had to decide whether an employer could file a counterclaim against an employee in proceedings in which Quebec’s Labour Standards Commission (the “Commission”) was suing the employer on behalf of the employee. It should be noted that the majority of the Court’ of Québec’s previous decisions were to the effect that it could not, despite the fact that the Court of Appeal had previously suggested that an employer could do so.
In the matter of Athena Energy Marketing Inc. v. 9080-9211 Québec Inc., the Superior Court of Quebec dealt with the issue of how to characterize the legal nature of a contract for the supply of natural gas by a private supplier . After analyzing the specifics of the contractual relationship, the Court concluded that the agreement between the parties was a contract of sale rather than a contract of enterprise or services contract.
Represented these two corporations that are now part of Groupe Avant-Garde, which has over 500 employees and is the only security business in Quebec with its own IP video surveillance centre.
In its 2013 decision in Asphalte Desjardins Inc. v. Commission des normes du travail, the Québec Court of Appeal held that an employer had the right to waive the benefit of the notice of termination period given by an employee who intended to resign.
Among the defences employers can rely on for infractions under the Occupational Health and Safety Act is that of due diligence. Due diligence is a well-known term, but what does it really mean? Because fault on the part of the employee is not a valid defence…