Blog Archives

RSS Collaborates on Two International Manuals

December 16, 2020 — The International Lawyers Network, of which RSS is a long-time member, recently announced the release of two guides for persons carrying on international transactions and their advisors.

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Why Venturing Into a Verbal Partnership Is Fraught With Risk

By Jonathan Feingold, from our Business Law Group

December 11, 2020 — The case of Brossard v. 2868768 Canada Inc. (PDF), October 5, 2020, Montreal, 500-17-079916-139 (CS) is yet another cautionary tale about the hazards of doing business (and entering into a partnership) on a handshake.

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Update on the Requirement to Disclose Your Prête-Nom or Nominee Agreements to Revenu Québec

By Sharon G. Druker and Geneviève Goulet, from our Business Law Group.

December 8, 2020 — As previously explained in our August 15, 2019 newsletter, Revenu Québec announced new rules on May 17, 2019 requiring the disclosure of all nominee agreements. The application of those rules was suspended until regulations could be adopted. Bill 42 implementing these rules was made final on September 24, 2020, and those rules are now in effect (An Act to give effect to fiscal measures announced in the Budget Speech delivered on 21 March 2019 and to various other measures, SQ 2020, c 16).

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The Obligation to Defend: The Superior Court Steps In

By Patrick Henry, from our Insurance Law Practice Group.

December 4, 2020 — The Superior Court’s decision in Labelle c. Jivestudio Inc., 2020 QCCS 3420, rendered in the midst of the pandemic, ruled on the underlying criteria to determine, at a preliminary stage, whether an insurer has an obligation to take up its insured’s defence.

The plaintiff was seriously injured while performing an acrobatic manoeuvre with a troupe from the defendant Jivestudio’s dance school. She is now paralyzed and must use a wheelchair. She, along with members of her family, sues the dance studio, its owners and the people who participated in the training on the day of the accident. She alleges that the manoeuvre she was asked to practice was dangerous and that the coaches and participants were not adequately trained.

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Bill 59: An Act to Modernize the Occupational Health and Safety Regime

By Eliab Taïrou, from our Labour and Employment Law Group

November 20, 2020 — This reform was eagerly awaited in Quebec workplaces. On October 27, 2020, the Minister of Labour, Employment and Social Solidarity, Mr. Jean Boulet, tabled Bill 59, the Act to modernize the occupational health and safety regime [“Bill 59”].

It is in fact mainly a modernization of the Act respecting occupational health and safety, that is to say the preventive system in matters of health and safety at work, as well as the Act respecting industrial accidents and occupational diseases, a work-related illnesses and injuries compensation plan. These laws were passed in 1979 and 1985 respectively and have not been extensively revised since their adoption.

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Informal Chat with Justice Malcolm Rowe and Pierre E. Moreau

November 16, 2020 — This Friday, November 20, the Canadian Bar Association will be hosting via videoconference a discussion between the Honourable Malcolm Rowe, of the Supreme Court of Canada, and Pierre E. Moreau. Pierre is a veteran of these “fireside chats” with a judge of the Supreme Court or another appeals tribunal; we can therefore expect a lively discussion where several facets of Justice Rowe’s career and thoughts will be featured.

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New Faces at RSS (Behind Their Mask, Naturally!)

November 13, 2020 — RSS is pleased to announce that four new members recently joined our team:

  • We are especially pleased with the return of Laurence Gauthier, who practiced with us for 10 years before leaving temporarily in 2015. Laurence is a seasoned litigator and over the years she has represented entities in diverse areas. More particularly, she has acquired an expertise in insurance litigation with a sub-specialty in insurance coverage matters as well as professional liability, civil liability, product liability, construction, and latent defects. Laurence will be an asset to our vibrant insurance practice group.
  • Éliane Dufour-Fallon, also a litigator, is another recruit in our Insurance Law Practice Group. Since being called to the Bar in 2017, she has acquired experience in the numerous facets of civil liability. Her dynamic personality is a definite asset to the team.
  • Notary Adrien Tillet is now a member of our Estates, Wills and Trusts Group. In addition to holding a law degree and practicing as a notary for two years, his passion for history materialized as a degree in History from Université de Paris-Ouest.
  • Laurianne Falardeau, joins our paralegal team in the in the Insurance Law Practice Group with great enthusiasm. A paralegal since 2016, she brings to RSS some five years of expertise assistance in civil and commercial litigation matters.
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An Insured Is Bound by His Statements About His State Of Health

By Élisabeth Laroche and Alice Bourgault-Roy, from our Insurance Law Practice Group

November 10, 2020 — The decision in Croteau (Succession de Roy) c. TD Compagnie d’assurance-vie, 2020 QCCS 3539, rendered on October 21, deals with the nullity of a contract of insurance of persons for misrepresentation and/or concealment. The Court reiterated that the insurer, represented by RSS, was entitled to presume that the declarations of the insured were true, and that it did not have to search its archives to look for information that could have been concealed.

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Sometimes Being a Corporation Hurts When Charges Are Filed!

By Theodore Goloff, from our Labour and Employment Law Practice Group

November 10, 2020 — Though the Canadian Charter of Rights and Freedoms provides at section 12 the protection of an accused against imposition of “cruel and unusual treatment or punishment”, the Supreme Court has now held, in Quebec (Attorney General) v. 9147-0732 Quebec inc., 2020 SCC 32, that although the language specifies that such protection applies to “everyone” — a term that the courts have interpreted as including both individuals and corporations — the nature of the protection involved and its history, and particularly the idea of punishment being “cruel”, could not be intended to cover corporations.

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Ingrid Boghossian Joins RSS’s Family Law Practice Group

October 26, 2020 — RSS is pleased to announce that Ingrid Boghossian has joined its Family Law Practice Group.

A member of the Bar since 2017, Ingrid has already accumulated substantial experience with all aspects of matrimonial law before trial courts and the Court of Appeal of Quebec. She has represented clients in cases raising major financial stakes as well as matters arising from particularly delicate and difficult situations for spouses and their children.

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