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Publications

December 12th, 2017

Initial Overview of Quebec's Cannabis Legislation

On April 13, 2017 the federal government, on the heels of an election promise made in 2015, tabled a bill in the House of Commons proposing the legalization of recreational cannabis. The bill, entitled An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, has still […]

Publications

December 11th, 2017

Is an Injury Sustained While Clearing Snow off a Vehicle an “Automobile Accident”?

This article is a modified version of a case comment initially published by Éditions Yvon Blais in November 2017(EYB2017REP2353). The Automobile Insurance Act1 (the “Act”) is intended to facilitate the indemnification of victims of road accidents, through a no-fault insurance regime. However, not every mishap in connection with an automobile necessarily constitutes an “accident” as defined […]

Publications

December 4th, 2017

Dismissal of an Incompetent Employee: the Superior Court Weighs in on the Matter of the Employer’s Obligation to Reassign the Employee Prior to Dismissal

A ruling rendered by the Honourable Justice Pierre C. Gagnon of the Superior Court1 revisits the test proposed by the Québec Court of Appeal in 2005 in the Costco Wholesale Canada Ltd.2 matter with regards to administrative dismissal for incompetence. The Superior Court rules that, before proceeding with the dismissal of an incompetent employee, the employer must […]

Publications

November 30th, 2017

Merry Christmas #MeToo

December is just around the corner, so the Office Christmas Party season has officially begun! Since there is no surefire prescription for an incident-free Christmas party, employers should start taking proactive and precautionary steps now for ensuring adequate supervision and control of their events. The headlines these past few months prove beyond any doubt that […]

Publications

November 30th, 2017

Federal Employers – Tabling of a Bill for the Prevention of Harassment

On November 7, the federal Minister of Employment, Workforce Development and Labour, the Honourable Patty Hajdu, tabled Bill C-65 in order to strengthen the existing legal frame for the prevention of harassment and violence in the workplace. This Bill modifies Part II of the Canada Labour Code1 and the Parliamentary Employment and Staff Relations Act2. The […]

Publications

November 3rd, 2017

Cheque Fraud: In 5-4 Split, the SCC Upholds and Refines Existing Defences to Conversion Claims Under the Bills of Exchange Act

In Teva Canada Limited v. TD Canada Trust, the Supreme Court of Canada found two banks liable for a $5.5 million cheque fraud scheme carried out by a former employee of the appellant, Teva Canada Ltd. In so doing, the Supreme Court has provided welcome clarity to a long-debated question: which innocent party – the […]