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Publications

November 9th, 2016

Employers’ Disciplinary Power Regarding Conduct Outside the Workplace

An employer has the power to discipline employees if their behaviour is at odds with the employer’s policies and rules governing conduct in the workplace. But do employers have the same disciplinary power regarding reprehensible behaviour that occurs outside the workplace? An arbitrator recently had to decide this question in the matter of Syndicat des […]

Publications

November 8th, 2016

Acquiring a Used Automobile: an Additional Search Is Now Required

A prudent and diligent purchaser of a used automobile for personal or commercial use will always consult the Register of Personal and Movable Real Rights (the “RPMRR”) before concluding the transaction. The RPMRR will show whether the vehicle is charged with any real rights in favour of a third party, such as a reservation of […]

Publications

November 8th, 2016

Inaction May Be Fatal to the Insured

In order to fulfill its obligations, the insured must be proactive in its relationship with the insurer. As a general rule, it must voluntarily disclose relevant information regarding the risk or the loss, and act in such a way that materialization of the risk remains unpredictable. Two recent decisions focus on the insured’s conduct towards […]

Publications

October 13th, 2016

Workplace Safety Obligations at the Port of Montreal: Hardhats Over Turbans

Despite the best intentions, it is not always possible to accommodate the religious practices of workers. In the case of Singh v. Montreal Gateway Terminals1, the Quebec Superior Court held that port terminal operator Montreal Gateway Terminals (“MGT”), because of its workplace safety obligations, was entitled to require Sikh truck drivers to wear a hardhat […]

Publications

October 13th, 2016

Due Diligence

You’re thinking of acquiring a business and wondering whether it’s worthwhile to do due diligence? Here is a summary of some considerations that will help you better understand the importance of that exercise. 1. Due diligence: a definition First of all, the concept of due diligence can be defined as the process of evaluating and […]

Publications

September 28th, 2016

Time Limit for Publication of an Amendment to a Call for Tenders - Reflections on the Impact of Recent Legislative Amendments on Your Contractual Strategy

This article first appeared in French in the September 2016 edition of the “Direction APPRO” bulletin of the Quebec Corporation of certified municipal officers (COMAQ). The time limit for the receipt of bids for construction, supply and services contracts involving an expenditure of at least $100,000 is no less than 15 days following the publication […]