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Publications

September 13th, 2019

Revamp of the Canada Labour Code: Overview of the Principal Amendments to Part III

Introduction As announced, the Canada Labour Code (the “Code”) has been thoroughly revamped effective September 1st, 2019, with the coming into force of several amendments to Part III. The new provisions reflect Parliament’s intent, through the introduction of a range of more flexible labour standards, to achieve a better work-family balance, and to protect workers […]

Publications

August 22nd, 2019

Do Employers Really Have an Obligation to “Accommodate” an Incompetent Worker? Must the Worker Be Offered Another Position Within the Enterprise?

For several years now, a case law controversy has been repeatedly resurfacing regarding the obligations of an employer in the case of the administrative dismissal of a worker for incompetence. Is it enough to comply with the five criteria that have emerged from the leading case in this regard, the Costco decision, or must the […]

Publications

August 8th, 2019

Untoward Habit or Addiction

A recent arbitration award in Nova Scotia has concluded that sex addiction, which is sometimes invoked by employees to justify inappropriate behaviour in the workplace, does not constitute a disability. Consequently, it is not possible to argue that it is a mitigating factor or that it triggers the employer’s duty to accommodate. What happened? In […]

Publications

August 8th, 2019

Keeping it Canadian: Guarding Against Foreign Interference in the Modernization of the Canada Elections Act

We are told by the Communications Security Establishment (“CSE”) that in 2018, “half of all advanced democracies holding national elections had their democratic process targeted by cyber threat activity”.1 The CSE also judged it “very likely” that Canadian voters will encounter some form of foreign cyber interference ahead of the 2019 Canadian federal elections. In this […]

Publications

August 5th, 2019

No Mulligans: The SCC Highlights the “Difficult Strategic Choice” Faced by Québec Defendants Sued Abroad

This article originally appeared in the July-August 2019 issue of Canadian Lawyer InHouse magazine. Recently, in Barer v. Knight Brothers LLC, the Supreme Court of Canada clarified the applicable threshold for a party’s submission to a foreign court’s jurisdiction under the Civil Code of Québec. Québec defendants sued abroad – and foreign companies sued in Québec […]

Publications

July 30th, 2019

Is Confidential Information in Your Municipal Archives Provided by Contractors Actually Available to Anyone?

This article first appeared in French in the summer 2019 edition of the periodical Carrefour of the Quebec Corporation of chartered municipal officers (COMAQ). Over the last few years, Quebec’s Access to Information Commission (“AIC”) has rendered several decisions on the concept of “municipal archives”, a term which is found in legislation pertaining to municipalities1, […]