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Publications

December 20th, 2017

Illegal Practice of Law ‒ Nullity of an Agreement for Services Whose Object and Cause Are Contrary to the Act Respecting the Barreau du Québec

On July 13, 2017 Justice Chantal Gosselin of the Court of Québec rendered an important decision in a matter involving the illegal practice of the profession of advocate. Facts Mtre Camirand, a lawyer (“Camirand”), had a business relationship with a joint-stock company named Québec Ticket Inc. (“Québec Ticket”) that specialized in contesting traffic tickets. Pursuant […]

Publications

December 15th, 2017

Access to the amount of legal fees paid by a public body: the Court of Appeal rules

This article first appeared in the October 2017 edition of Proforma, a publication of the Quebec City Young Bar Association. Can the professional secrecy privilege be invoked to defeat an access-to-information request seeking to learn the amount of legal fees billed to a public body? That was the issue ruled on by the Quebec Court […]

Publications

December 13th, 2017

Cannabis Producers: Major Changes Pending to Licences and Permits Issued by Health Canada

In November 2017, Health Canada published a consultation paper entitled Proposed Approach to the Regulation of Cannabis. This initiative is pursuant to the federal government’s intention to have its draft bill legalizing recreational marijuana adopted by July 2018. In order to meet that timetable, Health Canada must publish final regulations in the Canada Gazette as […]

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 […]