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Publications

August 2nd, 2022

A job for life: Not just for laughs!

This article was updated on August 23, 2022. In a decision dated July 13 of this year, Justice Marc Saint-Pierre of the Quebec Superior Court ordered that an employee who had been guaranteed a job “for life” by his employer be reinstated (Gloutnay v. Rozon, 2022 QCCS 2578). This judgment creates a precedent in Quebec civil […]

Publications

July 22nd, 2022

Personal information protection: a busy summer

Summer generally means fine weather, festivals, and vacations. This year more than any before, it also means protecting personal information. Some of the reasons for this are outlined below. 1. In Quebec i. A number of requirements in the Act to modernize legislative provisions as regards the protection of personal information (“Act 25”) come […]

Publications

July 20th, 2022

Delays in administrative proceedings: the Supreme Court holds the line

Delays in any proceedings, whether criminal, civil or administrative, have significant consequences for all the actors in a judicial system, and especially for the persons (natural and legal) involved in those proceedings. Canadian law is clear as to what constitutes a “reasonable delay” in both civil1 and criminal2 proceedings. Since the Supreme Court’s 2016 decision in […]

Publications

July 14th, 2022

Public interest standing: The Supreme Court reaffirms its Canada (Attorney General) v. Downtown Eastside Sex Workers United Against Violence Society analysis

On June 23, 2022, in British Columbia (Attorney General) v. Council of Canadians with Disabilities,1 in a unanimous decision written by Chief Justice Wagner, the Supreme Court of Canada reaffirmed the analysis made in Canada (Attorney General) v. Downtown Eastside Sex Workers United Against Violence Society.2 History In 2016 the Council of Canadians with Disabilities […]

Publications

July 13th, 2022

The analytical framework specific to seizure before judgment: distinction with the debate on the merits of the case

On December 15, 2021, in Mercedes-Benz Financial Services Canada Corporation v. Seweha,1 the Quebec Court of Appeal reiterated that in matters of seizure before judgment, the analysis of the sufficiency of the allegations must be based on the allegations contained in the affidavit submitted in support of the seizure, and not on the allegations contained in […]

Publications

July 7th, 2022

Do professional bodies have control over copyrighted material?

Did you know that the content of your organization’s guides, newsletters, handwritten information capsules and other materials may not belong to you? How can you make sure that you keep control over those materials? Any materials that meet a minimum threshold of originality will be works that can be protected by copyright. When employees or […]