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Publications

April 13th, 2017

Dismissal at the Interlocutory Stage: the Window Remains Small

In its decision in 9324-0422 Québec Inc. v. Gestion Paul Daigle Inc., 2017 QCCA 242, the Quebec Court of Appeal has reminded us that caution is in order when it comes to ruling on motions to dismiss at the interlocutory stage, even where a precedent would appear to predetermine the outcome of the proceeding. The […]

Publications

April 13th, 2017

Offences Under the Occupational Health and Safety Act: a Lot More Than a Fine Is at Stake!

Published by our Labour and Employment Law team. This article first appeared in the March 28, 2017 issue of the bulletin Les experts de la construction of the Association patronale des entreprises en construction du Québec. Following a visit by a CNESST inspector to your construction site, or a serious accident or death on site, […]

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 […]