June 22, 2020
When a business is being sold, whether through a sale of shares or assets, the risks associated with the transaction can be allocated between the seller and purchaser through contractual mechanisms, such as representations and warranties.
In general, it is in the purchaser’s interest that the representations and warranties from the seller be as broad and numerous as possible to minimize the risk of pre-closing issues being discovered after the transaction. The reverse is generally true for the seller, who will seek to minimize exposure to indemnification proceedings and the risk of being found liable after closing.
June 18, 2020
On May 7, 2020, the Supreme Court of Canada dismissed an application by commercial advertisers wishing to appeal a September 25, 2019 ruling by the Quebec Court of Appeal, which upheld the City of Montréal’s principal appeal on the matter of the legality of a ban on billboards in the Plateau Mont-Royal (“PMR”) borough. Consequently, the commercial advertisers will have to remove and/or demolish the billboards still in place in the borough.
June 11, 2020
Should an employer proceed with a hiring process after learning that a candidate’s disability may affect his or her ability to perform the job safely? The Quebec Court of Appeal considered this issue in CDPDJ v. Société de transport de Montréal.
In this case, the Commission des droits de la personne et des droits de la jeunesse (the “CDPDJ”) claimed that the employer had violated a candidate’s right to equal access to employment by discriminating against him on the basis of his disability and by terminating the hiring process with the candidate due to his health condition. The Human Rights Tribunal and the Court of Appeal rejected these claims.
