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Publications

January 27th, 2020

The Superior Court takes stock of restrictive covenants included in contracts of partnership

The Superior Court recently rendered a very relevant decision in Mazars Harel Drouin S.E.N.C.R.L. v. Plourde1 with respect to the interpretation and validity of a non-solicitation clause and of a penal clause included in a contract of partnership, and with respect to abuse of legal process. This decision namely clarifies the angle of analysis for restrictive […]

Publications

January 24th, 2020

Criminal negligence of an employer: imposition of a severe and onerous penalty

A company was recently severely punished after being found guilty of criminal negligence causing the death of one of its workers. This is the second judgement rendered in Quebec against a company in connection with criminal negligence causing death. Summary of facts In September 2012, a worker at CFG Construction died in an accident involving […]

Publications

January 21st, 2020

2020: the year of modifications to the Canadian and Quebec laws on protection of personal information

Last December, the Prime Minister of Canada, the Right Honourable Justin Trudeau, sent a mandate letter to each of the ministers of his recently formed government. Among the priorities stated in the letters sent to the Minister of Justice, the Minister of Innovation, Science and Industry, and the Minister of Canadian Heritage, the Prime Minister […]

Publications

January 21st, 2020

In the event of a loss, can the syndicate of co-owners (condominium association) sue the co-owner at fault?

This article is a modified version of a comment originally published by Éditions Yvon Blais in December 2019 (EYB2019REP2875). A formal notice is a debtor's last chance to make reparation for his or her fault. A creditor's failure to deliver formal notice to a debtor may have serious consequences, including the dismissal of a claim. […]

Publications

December 4th, 2019

Personnel placement agencies and temporary foreign worker recruitment agencies: a new regulation changes the game, be prepared

On November 27, 2019, the Government of Quebec published the new Regulation respecting personnel placement agencies and temporary foreign worker recruitment agencies (the “Regulation”), which shall come into force on January 1, 2020. As mentioned in a previous article dated April 17, 2019, and entitled Draft Regulation Respecting Personnel Placement Agencies: Consultations Underway on Likely […]

Publications

November 25th, 2019

Understanding the criteria for admissibility of a surveillance operation as evidence

Last October 3, the Court of Appeal of Québec issued an important decision in the CSSS Vallée-de-la-Gatineau Workers’ Union1 case, concerning the admissibility as evidence of a videotape obtained as part of a surveillance operation. In this case, the Court of Appeal nullified an arbitration award that had previously refused to admit into evidence a videotape […]