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Publications

March 21st, 2018

Amendments to the Labour Standards Act: Overview of the Draft Bill

Since 2003, the Act respecting labour standards (the “Act”)1 has undergone very few amendments. On the whole, employers’ obligations and the rights of employees have hardly changed. Over the last several months however, the Liberal government has intimated that a reform of the Act was imminent. Finally, yesterday afternoon the government tabled Bill 176, entitled An […]

Publications

March 20th, 2018

Can Publishing a Review on Social Media Be Defamatory?

Since the arrival of social media, publicly expressing an opinion has taken on a whole new dimension. The potential audience for online expressions of an opinion is vast, and companies are now paying close attention to comments published about them online. In some cases, the popular verdict can be devastating. Businesses sometimes have to go […]

Publications

March 20th, 2018

Obligation to Disclose a Surety Bond to Potential Beneficiaries

Is the Decision in Valard Construction Ltd v. Bird Construction Co.1 Really Revolutionary in Quebec? The Supreme Court of Canada recently ruled on the obligation, whose existence and degree of intensity vary according to the circumstances, to disclose the existence of a surety bond for construction wages and materials to potential beneficiaries, pursuant to general principles […]

Publications

March 8th, 2018

Proposal for the Codification of the Rules Governing Public Contracts in Quebec

This article first appeared in French on the blog “Perspective” of the Quebec association of consulting engineering firms (AFG). In Quebec there are two evolving and parallel legal regimes for the awarding of public contracts. One pertains to government-sector “public bodies” within the meaning of the Act respecting contracting by public bodies, and the other […]

Publications

March 5th, 2018

The ABCs of Legal Construction Hypothecs in Quebec

Article 2726 of the Civil Code of Québec (the “CCQ”) creates a legal construction hypothec in the following terms: 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 only in favour of the architect, engineer, supplier […]

Publications

March 2nd, 2018

Worker Safety on Construction Sites: a Contractor Found Guilty of Manslaughter

On March 1, 2018, the Court of Québec’s Criminal and Penal Division rendered a highly anticipated judgment on charges of manslaughter and criminal negligence laid against an employer following a work-related accident resulting in a fatality. The Honourable Pierre Dupras found contractor Sylvain Fournier, owner of Excavation S. Fournier inc., guilty of manslaughter in the […]