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Publications

October 30th, 2019

The Legal Construction Hypothec for Work Requested by a Lessee: Scope and Purpose

The Civil Code of Quebec (“CCQ”) provides that only the work requested by the owner of an immovable may give rise to the legal construction hypothec: Article 2726. A legal hypothec in favour of the persons having taken part in the construction or renovation of an immovable may not charge any other immovable. It exists […]

Publications

October 29th, 2019

Harassment Policy: Last Chance to Be in Good Standing

The amendment of the Act respecting labour standards, which requires employers to adopt and make available to their employees “a psychological harassment prevention and complaint processing policy that includes, in particular, a section on behaviour that manifests itself in the form of verbal comments, actions or gestures of a sexual nature”1 came into force on January […]

Publications

October 18th, 2019

Difficulty in Conciliating Freedom of Religion and the Protection of Workers

Recently, the Court of Appeal rendered a decision with respect to the complex relationship between the freedom of religion of certain workers and the health and safety obligations of employers. In some cases, it turns out that the freedom of one will have to give way to the obligations of others. Brief reminder Three truck […]

Publications

October 17th, 2019

Partition and the End of Indivision – a Synopsis

This article first appeared in French in the Autumn 2019 edition of the Copropriété Plus magazine. The regime of undivided co-ownership under the Civil Code of Québec (the “CCQ”)1 has given rise to several legitimate questions in cases involving partition and the end of indivision, and to extensive case law. This article provides a brief overview of […]

Publications

October 15th, 2019

Being the Victim of an IT Security Breach Is Not Enough to Claim Damages

In the matter of Bourbonnière v. Yahoo! Inc.1, the Quebec Superior Court applied the principles laid down by the Quebec Court of Appeal in the Sofio2 decision and confirmed that being a victim of an IT security incident does not in and of itself give rise to a claim for damages by the victim. 1. Overview […]

Publications

October 11th, 2019

Workplace Impairment: A Matter Worth Considering

In October 2018 Canada became one of the first countries in the world to legalize the recreational use of cannabis. At the time the legislation was adopted, many employers thought that this had all happened a bit too quickly. The media storm surrounding the unreliability of available screening methods also heightened fears about workplace-related dangers […]