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Confinement in an establishment: establishments must exercise caution before making an application

Lavery de Billy LLP
Canada
April 12 2018

In a decision rendered on March 13, 2018, the Court of Appeal reiterated that caution is in order when making an application for confinement. The

The Obligation to Act in Good Faith in the Context of an Oppression Remedy Under the Quebec’s Business Corporations Act

Langlois Lawyers LLP
Canada
April 11 2018

In its decision in Quigley v. Placements Banque Nationale Inc. et al. rendered on January 15, 2018, the Quebec Court of Appeal upheld a judgment by

BC excavator's court case takes a dig at municipal procurement policies undermined by the CFTA & CETA

McMillan LLP
Canada
March 22 2018

Is the use of reprisal clauses (also called litigation exclusion provisions) in municipal procurement policies and tender documents about to hit rock

Without Territorial Exclusivity in the Franchise Agreement, is the Franchisor Free to Establish a Point of Sale Wherever he Wants?

Fasken
Canada
March 13 2018

For several years now, fewer and fewer franchise agreements include exclusive territory clauses for the benefit of the franchisee. This can cause

The Court of Appeal sets the record straight on applications for assignment of costs

Lavery de Billy LLP
Canada
March 13 2018

On January 24, the Quebec Court of Appeal released a very important decision on the application of section 326 of the Act respecting industrial

L’obligation de l’employeur de déployer des efforts raisonnables pour réaffecter un salarié avant de le congédier pour incompétence

Borden Ladner Gervais LLP
Canada
March 2 2018

Les employeurs québécois se soumettent depuis plusieurs années à des exigences avant de se départir d’un salarié incompétent : Le salarié doit

Gambling on the unionization of managerial employees

DLA Piper
Canada
February 26 2018

To date, Quebec’s Labour Code (the “Code”) expressly prohibits managerial employees from unionizing. A recent series of decisions arising from a

Quebec Court of Appeal Refines the Principles Applicable to the Characterization of Contracts

Blake Cassels & Graydon LLP
Canada
February 26 2018

On February 15, 2018, the Supreme Court of Canada (SCC) dismissed leave to appeal in Station Mont Tremblant v. Banville-Joncas. In its decision, the

Top Insolvency Cases and Highlights from 2017 - Part 2

McCarthy Tétrault LLP
Canada
February 26 2018

We previously published Part 1 of our survey of interesting and important developments in Canadian insolvency and restructuring matters in 2017. This

The Court of Appeal Clarifies the Rules for Transferring Benefit Costs

Langlois Lawyers LLP
Canada
February 23 2018

On January 24, 2018 the Quebec Court of Appeal, in the matter of Commission de la santé et de la sécurité du travail v. 9069-4654 Québec inc., 2018

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