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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 […]

Publications

January 18th, 2017

Incarceration of Employees: Overview of Decisions Rendered in 2016

Can an employer dismiss an employee for being incarcerated? The Courts had to decide this question in several instances in 2016 and generally approached the issue in light of the protection afforded by Quebec’s Charter of Human Rights and Freedoms (CQLR, c. C-12) and collective-agreement provisions regarding loss of seniority and employment where an employee […]

Publications

December 14th, 2016

Spring Loading Recognized as an Offence Under the QSA in Québec

On August 9, 2016, the Tribunal administratif des marchés financiers (the “Tribunal”) formerly known as the Bureau de décision et de révision en valeurs mobilières (or BDRVM), rendered a two-part decision, the second part of which involved what is known as “spring loading”, now recognized as an offence under the Québec Securities Act1. The case […]

Publications

December 8th, 2016

Uniform Law Conference of Canada Modernizes the Uniform Domestic Arbitration Act

On December 1, 2016, the Uniform Law Conference of Canada (“ULCC”) formally adopted a revised Uniform Arbitration Act. The ULCC’s mission is to harmonize the laws of the provinces and territories of Canada, and where appropriate the federals laws as well. The ULCC last considered domestic arbitration legislation over 25 years ago, at which time […]