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Publications

November 2nd, 2020

Class actions: Supreme Court of Canada upholds the status quo over authorization criteria in Quebec

On October 30, the Supreme Court of Canada released its long-awaited decision in Desjardins Financial Services Firm Inc. v. Asselin1 (the “Asselin decision”). Ever since leave to appeal was granted in June 2019,2 practitioners and litigants have been kept in suspense, anticipating a potential amendment to the analytical framework of the criteria for authorization of a class […]

Publications

October 28th, 2020

Partial reopening of office spaces: What to expect

This article originally appeared on the Canadian Lawyer InHouse website. Agility and adaptability will be essential for Canadian employers moving forward. In recent weeks, public authorities across the country have made several announcements regarding the resumption of activities in the context of the COVID-19 pandemic. In certain instances, these announcements have generated some confusion. For example, […]

Publications

October 15th, 2020

The Ocean Nutrition case: An employee is entitled to his incentive plan throughout the notice period

In Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26, the Supreme Court of Canada (“SCC”) considered the appropriate remedy and quantum to be paid to a senior executive who had been constructively dismissed. This decision will most certainly have a major impact on Quebec employers, even though it was rendered in a common law […]

Publications

October 5th, 2020

Should I stay or should I go…? The decision in Micron Technology Inc. and the suspension of multijurisdictional class actions

As multijurisdictional class actions become increasingly common, they raise difficult questions about the conduct of the same or similar actions in different courts, the use of scarce judicial resources, and the costs to the parties. On September 2, the Quebec Court of Appeal rendered its decision in Micron Technology Inc. v. Hazan.1 The decision provides a […]

Publications

September 23rd, 2020

A further step towards the modernization of Quebec’s environmental authorization regime

On September 2, 2020, the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (known in French as the “REAFIE”), as well as several other regulations, was finally adopted, thus allowing for the implementation of the new environmental authorization scheme under the Environment Quality Act (the “EQA”). It should […]

Publications

September 21st, 2020

Investigations under the Business Corporations Act and their findings: No backtracking, according to the Superior Court

On June 10, 2020, the Quebec Superior Court, under the pen of Justice Nicole Tremblay, rendered judgment in the case of Khalil v. Ressources Robex Inc.,1 in which it was called upon to rule on the investigation process and the inspector’s powers as set out in the Business Corporations Act (hereinafter the “BCA”).2 More specifically, the Court […]