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Publications

April 13th, 2017

Liability of the Lessee for Damage to the Leased Premises: a Review of the Applicable Rules

As a general rule, a person who has suffered harm can have the person responsible for causing the harm ordered to pay damages by proving fault, harm, and a causal link between the fault and the harm. That rule is tempered however by various other legal rules, and can be further nuanced by the clauses […]

Publications

March 9th, 2017

Managing Problem Employees: Should an Administrative or a Disciplinary Measure Be Applied?

Employers regularly have to deal with issues involving problem employees, such as persistent absenteeism, inappropriate behaviour or substandard work. Employers often have to intervene to ensure that their organizations function properly. Such interventions, which can go so far as terminating the employment relationship, are often made when taking action seems urgent or when other matters […]

Publications

March 7th, 2017

Will the Jordan Decision Have an Impact on Disciplinary Law?

Despite the efforts of the legislature and various interveners in the judicial system, major procedural delays are still prevalent in the legal system. The area of disciplinary law is no exception. In disciplinary matters the legislature has intervened progressively in stipulating the timelines for the preliminary procedural steps in files1, the trial stage2 and drafting the […]

Publications

February 10th, 2017

Employment Injuries: Is the Workers’ Compensation Board the Only Recourse?

1) Introduction In Quebec, no fewer than 224 workers are injured every day on average1 in a multitude of different situations: a teacher is physically assaulted by a student; a newspaper deliverer suffers a fall in the poorly maintained entranceway of a customer; a construction worker is injured due to a crane operator’s negligence; a receptionist […]

Publications

February 9th, 2017

Disclosure of Documents in Class Actions at the Pre-Authorization Stage Under the QSA

Procedural context In the wake of the Autorité des marchés financiers’ (“AMF”) institution of proceedings notably against Amaya and its Chief Executive Officer (“CEO”), David Baazov, for alleged insider trading and tipping, a class action was commenced pursuant to section 225.4 of the Québec Securities Act (“QSA”). Petitioners essentially allege that the Respondents made unlawful […]

Publications

January 19th, 2017

Short-Term Rentals of Condominiums

This article first appeared in French in the Winter 2017 edition of the Copropriété Plus magazine. With the increase of online platforms promoting and facilitating short-term accommodation rentals, such as Airbnb, VRBO, HomeAway and several others, there has been a surge of lawsuits, judgments, articles and myths surrounding the horrors experienced by some lessors (and […]