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COVID-19 Contractual Obligations & Superior Force

While governments have assisted individuals and businesses during and subsequent to lockdown of people, businesses and the economy, it will be left to the judicial system to apply general legal principles to determine the consequences of failure to respect a...

Class Actions – Artificial and Sometimes Concocted+

Note the recent decision of Charland vs. Hydro-Québec rendered on May 29th, 2018 by Justice Remnitz of the Québec Superior Court. The Court dismissed the subject class action filed by Plaintiff against Hydro-Québec seeking a refund of administration fees which was...

Class Action Fee Approval

Note the recent decision in Ontario in Welsh vs. Ontario in respect of the request for payment of Class Counsel legal fees; the Court held that the fees must be fair and reasonable taking into consideration risks and results obtained for Class Members. The Court...

Moral and Bad Faith Damages in the Province of Québec

Peintures Industrielles Évotech c. Turmel, 2017 QCCS 1375, AZ-51382345 (CS) We draw your attention to the decision in the matter of Peintures Industrielles Évotech vs. Turmel, and Court of Appeal case number 500-09-026780-171, which recently held that moral damages...

Renewal of Employment Contract

Note recent decision in Québec Superior Court of Traffic Tech Inc. vs. Kennell 2016 Q.C.S. 355. The employee executed a fixed term employment agreement for three (3) years which included a confidentiality and non-solicitation clause and provided for renewal of the...

Duty to Cooperate with Your Insurer

Your insurer (insurance company) enjoys a right to refuse payment of your insurance claim if you do not cooperate in the investigation. For example, if you claim for a stolen vehicle, you must submit to an examination under oath if requested by your insurer. You must...