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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 sure fire 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 […]

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 […]

Publications

November 3rd, 2017

OSC Decision in Token Funder Inc. Initial Coin Offering: Is Canada Finally Becoming an ICO-Friendly Jurisdiction?

On August 24, 2017, the Canadian Securities Administrators (“CSA”) issued CSA Staff Notice 46-307 (“Staff Notice”) regarding its views with respect to cryptocurrency offerings. The Staff Notice indicated that tokens issued in the context of initial coin offerings could be considered “in many cases” as securities and that as such, securities law could apply to […]

Publications

October 31st, 2017

Class Actions Are (Not) Getting Some Appeal in Quebec

On January 1, 2016, the enactment of a new Code of Civil Procedure1 (“CCP”) brought interesting changes to class proceedings in Quebec. Probably the most significant development of this reform is the reinstitution for defendants of the right to appeal from a judgment authorizing a class action. Indeed, for years Quebec was infamously known for its […]