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Publications

February 28th, 2020

The Disciplinary Council's duty to assist an unrepresented party

The lack of legal representation for a defendant or witness in a disciplinary dispute can sometimes raise questions for the opposing party or for the Disciplinary Council (“Council”) as to the duty to assist the unrepresented party. In Attara v. Dentistes (Ordre professionnel des)1, the Professions Tribunal shed light on this increasingly common problem. Facts […]

Publications

February 27th, 2020

Insurance of divided co-ownerships: principal amendments to the Civil Code of Québec

This article first appeared in French in the Winter 2020 edition of the Copropriété Plus magazine. Did you know that several sections of the Civil Code of Québec1 concerning the insurance of divided co-ownerships have recently been amended or will soon be amended? On June 13, the Québec National Assembly adopted the Act mainly to improve the […]

Publications

January 30th, 2020

The coronavirus case: preparing for the worst while hoping for the best

Since its appearance in December 2019, the media has been reporting daily on developments regarding the new coronavirus that has developed in the city of Wuhan in China. On January 27, 2020, the first case of contamination in Canada was confirmed. The World Health Organization is following developments closely, as are public health authorities in […]

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 […]