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January 31st, 2024

Busy start to the year for federal employers

Federal employers should take note of changes to federal labour law, including longer termination notice periods and other new measures The federal government announced that effective February 1, 2024, employees of federal Crown corporations (but not public service employees) and federally regulated private-sector companies will be entitled to longer termination notice periods.1 Section 230 of […]
Publications
January 11th, 2024

R. v. Montour: a drastic shift in Indigenous rights jurisprudence

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 […]
Publications
January 8th, 2024

Constructive dismissal: the Court of Appeal weighs in

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.   Relevant facts  The factual background of this case is […]
Publications
December 15th, 2023

The “belt and braces” approach: The Supreme Court of Canada strengthens occupational health and safety obligations

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 […]
Publications
December 5th, 2023

Tis the season to be jolly – Office holiday party season, that is!

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.  […]
Publications
December 1st, 2023

Is an insurer obliged to defend its insured for all damages claimed, even if certain types of damages are excluded from the policy?

This article appeared in the Fall 2023 issue of the Montréal Association of Insurance Women (MAIW) newsletter. Introduction 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 […]