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Publications

December 8th, 2016

Unjust Dismissal in Federally Regulated Organizations – the Rift in the Case Law Has Been Healed

This article first appeared in French in the October 2016 edition of VigieRT, a publication of the Ordre des conseillers en ressources humaines agréés, the Quebec order of certified human resources consultants. The Supreme Court of Canada’s recent decision in Wilson v. Atomic Energy of Canada1 ("Wilson") impacts more than 500,000 non-unionized employees, who work for […]

Publications

December 2nd, 2016

The SCC Reconsiders Shareholder Oppression Under the CBCA

In Mennillo v. Intramodal inc.1, the Supreme Court of Canada considered whether a corporation’s non-compliance with the corporate formalities of the Canada Business Corporations Act (“CBCA”) can constitute shareholder oppression. The claimant, Mr. Mennillo and his associate Mr. Rosati were together the sole shareholders and directors of Intramodal, a small privately run company. Upon Mennillo’s […]

Publications

December 1st, 2016

Application for Judicial Review Dismissed in Favour of One of the Largest Maple-Syrup Producers in Quebec

On November 4, 2016 the Quebec Superior Court dismissed an application for judicial review of a decision rendered on August 21, 2015 by the Quebec regulator of agricultural and food markets, the Régie des marchés agricoles et alimentaires du Québec (the “Regulator”) in favour of one of the largest producers of maple syrup in the […]

Publications

December 1st, 2016

Christmas Presents and Bonuses for Your Employees: Can the Employer Be Less Generous Than Santa?

Everyone is waiting impatiently: nobody is talking about it, but everybody is thinking about it – what will this year’s Christmas gift from their employer be? Whether it’s a holiday-season gift or bonus, employee expectations may be high. But what would the consequences be if, one year, you decided not to give any? Has your […]

Publications

December 1st, 2016

Skiing Accidents: Is There Always Someone Responsible?

Each year, once the snow begins to fall, legions of skiers hit the slopes seeking thrills, chills and an escape from late-autumn ennui. Unfortunately, sporting activities such as this involve inherent risks that occasionally result in accidents, some of which give rise to lawsuits. The thorny issue then is: Who is responsible, and to what […]

Publications

November 29th, 2016

Replacing a Contractor's Key Employees During a Project and the Penalties for Doing So: How to Reduce the Risks?

Some public-sector entities that award construction contracts are now imposing penalties of up to $100,000 in cases where key employees designated in a contractor’s bid (e.g. project manager, superintendent) are replaced without authorization while the project is ongoing. Being bound by such an obligation can have serious, even fatal, consequences for contractors in a highly […]