Blog Archives

Is a Recording Made Unbeknownst to a Party Admissible in Evidence?

By Patrick Henry, from our Insurance Law Practice Group

March 4, 2022 — That question was answered by the Superior Court in Droit de la famille — 2260, 2022 QCCS 136, a decision of January 18, 2022. The fact that the case was a family law dispute influenced the Court’s approach. Separating parents were arguing about custody and parenting time for their three-year-old daughter. At the hearing, the mother wanted to produce as evidence two videos of the father with the child, and audio recordings of private conversations with him. The father objected, arguing that these recordings were a violation of his privacy.

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A New Legislative Framework for Managers?

By Roxanne Cloutier-Peace, from our Labour and Employment Law Group

The Court of Appeal recently ruled on an issue that had been causing a clash of long-established principles in labour relations in Quebec: the exclusion of managers from the application of the Labour Code, and therefore, the prohibition of unionization.

For the longest time, junior managers have been considered as representatives of upper management: their exclusion was therefore necessary to prevent employer interference in the association process. Now, as the Court of Appeal points out, hierarchical structures opposing management and workers have become increasingly fluid.

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Absence of Subrogation in Matters of Divided Co-Ownership Insurance: Potential Impacts on a Third Party

By Stéphanie Beauchamp, from our Insurance Law Practice Group

This paper was written under a partnership with the Montreal Association of Insurance Women.

March 2, 2022 — In 2018, the legislature incorporated new provisions into the Civil Code of Quebec to regulate insurance in matters of divided co-ownerships. One of these is article 1075.1 CCQ, which now prevents the insurer from being subrogated into the rights of the following persons against such person:[1]

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Nine RSS Lawyers Rated by Lexpert

March 2, 2022 — RSS spares no effort to provide our clients the very best services possible. Year after year, Lexpert’s ratings, determined by our peers’ reviews, reflects the firm’s flawless reputation, and 2022 is no exception. This year, Normand Laurendeau, a transportation law expert, is added to our recognized lawyers.

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Claim for Construction Defects: Legal Interest of a Syndicate of Co-owners and Starting Point of the Extinctive Prescription

By Santal Truong, from our Insurance Law Practice Group

February 22, 2022 — On January 24, 2022, in 9104-2523 Québec inc.c. Syndicat des copropriétaires du 5701 de Normanville, 2022 QCCA 95, the Court of Appeal of Quebec affirmed a judgment that awarded $53,452.04 to syndicates of co-owners for the damages suffered by co-owners.

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David Paradis Admitted to the Ordre des conseillers en ressources humaines agréés

February 8, 2022 — RSS is pleased to announce that David Paradis, from our Labour and Employment Law Group, has been admitted to the Ordre des conseillers en ressources humaines agréés. This order, 10,000-member strong, is the only organization in Quebec authorized to give human resources and industrial relations professionals titles that confirm their competence in the field.

In addition to David, two other lawyers from our Labour and Employment Law Group, Marianne Poliquin and Jean Denis Boucher, are members of this order.

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Theft, Polygraph, and Presumptions: The Court of Appeal Sets the Record Straight

By Patrick Henry, from our Insurance Law Group

February 4, 2022 — The Court of Appeal of Quebec has rendered a very important decision just before the holidays in Michael Bruni Transport Inc. c. Aviva Insurance Company of Canada, 2021 QCCA 1979, reversing a decision of the Superior Court  (2018 QCCS 3520) and ordering the insurer to compensate its insured for the theft of its truck. This judgment is of interest in all cases where an attempt is made to prove an intentional act by the insured.

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Portrait of Sharon G. Druker, Ad. E., on the Bar of Quebec’s Website

February 2, 2022 — The Bar of Quebec recently began a series of presentations of the 2020 and 2021 recipients of the Lawyer Emeritus distinction on its website. Today, Sharon G. Druker, Ad. E., is featured in this tribute from her peers.

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Alan Ovadia Joins our Estates, Wills and Trusts Group

February 1, 2022 — RSS is pleased to announce that Alan Ovadia is now part of the firm’s Estates, Wills and Trusts Group. Alan has many years of experience of estates law, but also of business law and intellectual property. With degrees in business and law, he is ideally suited to meet our clients’ expectations.

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Property Damage Insurance “Loss to Parts” Coverage: When is the Complete Replacement of Property Composed of Parts Covered?

By Vikki Andrighetti, from our Insurance Law Practice Group

January 28, 2022 — On December 17, 2021, the Court of Appeal of Quebec released a decision relating to the scope of coverage of damage to equipment comprised of several parts under a commercial property insurance policy in Intact compagnie d’assurance c. 9004-9693 Québec inc., 2021 QCCA 1901.

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