Tag Archives: Robinson Sheppard Shapiro

Reasonable Notice in Unreasonable Times

By Theodore Goloff, from our Labour and Employment Law Group

April 23, 2020 — Normally, when an employer terminates an employee, “reasonable notice” or pay in lieu thereof is required pursuant to Article 2091 of the Civil Code of Québec. This obligation is in addition to statutory notice under the Labour Standards Act.

The factors to be taken into account have been addressed in several judgments of the Quebec Court of Appeal, without such factors being hermetically sealed. In fact, there are numerous judgments to the effect that reasonable notice is to be decided by the Courts on a case-by-case basis. This presents important problems for employers who are asked to calculate reasonable notice at the time of termination, without knowing, with certainty, how the whole matter is going to play out.

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COVID-19 Intellectual Property Update: Delays, Extensions, Overrides, and… Trademark Applications?

By Richard Uditsky, Sara Laraichi and Sydney Warshaw, from our Business Law Practice Group

April 21, 2020 — As with many government offices and legal institutions across the country, COVID-19, and the resulting workplace shifts, have had an impact on the processing times and delays for procedures passing through the Canadian Intellectual Property Office [CIPO]. Below we will provide a clear overview of the changes to take note of, as well as some interesting COVID-19 related news, that is worth keeping track of.

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Achieving Orderly Layoffs During COVID-19

By Theodore Goloff, from our Labour and Employment Law Group

April 19, 2020 — A few short weeks ago one of the central questions for employers was “how long can a temporary layoff last in Quebec before it becomes a termination, triggering notice pay obligations under the Labour Standards Act?” [LSA]

Obligations however continue to accrue and arise even during periods of layoff, obligations that are important for employers to bear in mind.

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The Court of Appeal Considers the Impact of the COVID-19 Crisis on Contractual Relationships

By Jean-Pierre Sheppard, Sara Laraichi and Sydney Warshaw, from our Business Law Practice Group

April 18, 2020 — As of April 16, 2020, there have been some 27 published judgements rendered by Quebec courts and tribunals that mention COVID.

One decision is of particular interest as it addresses the impact that COVID-19 could have going forward. In Naimer c. Naimer, 2020 QCCA 567, Justice Geneviève Marcotte of the Court of Appeal ruled on April 8th to grant part of the Respondents’ Application for safeguard order. Respondents sought to force a share purchase agreement. Justice Marcotte held that the financial climate created by the unique COVID-19 crisis favoured ordering that the transaction go forward.

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COVID-19 and Force Majeure: Navigating Exceptional Times as a Business

By Sharon G. Druker, Geneviève Goulet, Sara Laraichi, Elyssa Leiberman and Sydney Warshaw, from our Business Law Practice Group

April 15, 2020 — Everything has changed since the World Health Organization declared COVID-19 a pandemic on March 11, 2020, and it has since become increasingly clear that its impact will be felt across every level of society and industry. Businesses and individuals, reeling from the economic impacts of COVID-19, are wondering how it will impact their various contracts, legal obligations and commitments. In particular many are wondering if force majeure, an often under-considered element of most contracts, is relevant at this exceptional time.

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Health Measures Plan for the Reopening of Construction Sites

By Xavier Morand Bock, from our Litigation Group

April 10, 2020 — Though the Quebec government has just extended the suspension of non-essential activities, including the operation of construction sites, until May 4th, it is essential that construction companies begin planning for the implementation of safety measures at their sites, so that their future operations can be carried out safely.

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All You Need to Know About COVID-19 and Residential Leases

By Sara Laraichi and Martin Côté, from our Litigation and Real Estate Practice Groups

April 10, 2020 — Designated as a pandemic by the World Health Organization on March 11, and triggering the declaration of a health emergency in Quebec two days later, COVID-19 has had a significant impact on all segments of society.

When it comes to matters of residential leasing, there are many adjustments to be made by both landlords and tenants, and this newsletter is intended to provide an overview of the important issues. (This bulletin is current as of April 8, 2020, and does not reflect governmental measures taken or updated after that date.)

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Impact of COVID-19: Sports, Entertainment (and Insurance?!?)

By Marc-Olivier Brouillette, from our Insurance Law Practice Group

April 9, 2020 — For the first time since World War II, Wimbledon, one of Great Britain’s most storied summer sporting events, has been cancelled. The announcement from the All England Club came on April 1, 2020 amidst concerns for public health and safety stemming from the ongoing COVID-19 pandemic.

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COVID-19 and Custody: Recent Case Law

By Doree Levine, from our Family Law Practice Group

The recent declaration of the COVID-19 public health emergency raises many questions concerning parental authority and custody arrangements. Two recent Superior Court of Quebec decisions shed light on this issue, affirming the importance of maintaining existing custody orders and favouring parents’ custodial time despite the exceptional situation.

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Le Panier Bleu: Buy Local, Save the Economy

By Sydney Warshaw and Sara Laraichi, from our Business Law Group

April 7, 2020 — On Sunday April 5th, the Quebec Government announced the launch of “Le Panier Bleu”, an initiative designed to encourage Quebec residents to buy products produced and sold locally. The not-for-profit run website is a portal to over 1100 businesses, and counting, which users can sort through by commercial sector and region, as well as several other parameters, like whether the products can be purchased with delivery or pick-up. It is not a transactional site, meaning users cannot make purchases directly through it, but rather are redirected to the website of each individual business where they can view and order their products.

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