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March 9th, 2022

Workplace injuries in the age of remote work

A decision of the Administrative Labour Tribunal recognizing an employment injury that occurred in the course of remote work recently made headlines because of the particular nature of the circumstances that led to the worker’s injury.1 In this case, an Air Canada customer service agent was performing her work duties from home, i.e., working remotely. […]
Publications
March 8th, 2022

Top 5 reasons to register your trademark

In Canada, trademark rights are acquired first and foremost through use. So what are the benefits of applying to register each of your trademarks?   1. A Canada-wide exclusive right The rights conferred by the use of a trademark are limited to those places where the owner can prove such use. However, registration of a […]
Publications
February 28th, 2022

Reminder to federal employers: deadline for Annual Workplace Harassment and Violence Occurrence Report

You must submit your Annual Harassment and Violence Occurrence Report by March 1. This is the first deadline for this report, which is required under the Workplace Harassment and Violence Prevention Regulations that came into effect a year ago. The components of the annual report, as per the Regulations, include the following: a) the employer’s […]
Publications
February 23rd, 2022

The roof is on fire! - The scope of the liability cap in Quebec construction law

Contractual Documents used for major construction projects typically contain limitation clauses1 (“Limitation Clauses”) that cap the value of potential claims by the project owner (“Owner”) against the professionals, contractor, design-builder, construction manager or, depending on the delivery method, the integrated project delivery team (collectively referred to hereinafter as the “Debtor”). Is the application of these clauses […]
Publications
February 9th, 2022

Confidentiality of documents and commercial interests in a class action: Criteria and proof on a balance of probabilities

On November 29, 2021, the Superior Court of Quebec handed down an interesting decision in Option Consommateurs c. Société des loteries du Québec (Loto-Québec)1 dealing with the preservation of confidentiality and the sealing of documents belonging to the defendant and a third party, the disclosure of which could harm their respective commercial interests. This decision is […]