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Publications

June 10th, 2019

Conflicts of Interest and Confidentiality: Directors Beware!

This article is part of a series of bulletins on governance published in 2018, one of which dealing with the duties and obligations of directors.1 Two concepts flowing from the duty of loyalty of directors are conflicts of interest and confidentiality. It is useful to begin with a review of the relevant provisions of the Civil […]

Publications

June 3rd, 2019

No Double Compensation During the Summer for Teachers Entitled to Income Replacement Benefits

On May 30, 2019, Quebec Court of Appeal Justice Suzanne Gagné dismissed the motion for leave to appeal the decision of the Quebec Superior Court in Commission scolaire de la Capitale v. Ferland1 presented by the Syndicat de l’enseignement de la région de Québec, a union representing teachers in the Quebec City region. The denial of […]

Publications

May 31st, 2019

Payment of the Non-Contested Value of Change Directives

The project owner may generally, through the intermediary of its professionals, make changes to the contracted work. That right is subject however to the process provided for in the contract documents. While terminology can vary depending on the type of contract involved, the parties generally will proceed in accordance with one of the following methods […]

Publications

May 9th, 2019

Health Canada Announces Changes to the Cannabis Licensing Process

On May 8, 2019, Health Canada published a statement concerning changes to the licensing process for cannabis. Effective as of the date of the statement, new applicants for licences to cultivate, process or sell cannabis for medical purposes must have a fully constructed site that meets the requirements of the Cannabis Regulations and other applicable […]

Publications

April 26th, 2019

Busboys in a Restaurant Are Employees Who Receive Gratuities or Tips, the Court of Appeal Rules

On April 4, 2019, the Quebec Court of Appeal rendered its judgment in the matter of 2915499 Canada Inc. v. Commission des normes, de l’équité, de la santé et de la sécurité au travail1, in which it had to decide the following question: Do busboys working in the appellant’s restaurant come within the definition in […]

Publications

April 17th, 2019

Draft Regulation Respecting Personnel Placement Agencies: Consultations Underway on Likely Impacts

On June 12, 2018, the Quebec government adopted the Act to amend the Act respecting labour standards and other legislative provisions (“Bill 176”). This legislation seeks primarily to facilitate family-work balance, through a series of measures. However, Bill 176 also lays the groundwork for increased regulation of personnel placement agencies. It provides that such agencies […]