An Illinois federal district court held, in Massachusetts Bay Ins. Co. v. Faber Bros., Inc., No. 04 C 5160, 2007 WL 1029366 (N.D. Ill. March 30, 2007), that a distributor of firearms is not covered under general liability insurance contracts for claims alleging that its sales of firearms created a public nuisance that led to bodily injuries. Factual BackgroundThe insured, Faber Bros., Inc., is a distributor and wholesaler of firearms ...
Can the cost of remedying a manufacturing defect be considered as damage resulting from an “accident” covered under a liability insurance policy? This is the question the Quebec Court of Appeal considered in CGU, Compagnie d’Assurance du Canada v. Soprema Inc., [2007] QCCA 113 ...
On January 22, 2007, the Commission des lésions professionnelles (the “Board”) handed down a decision in Harvey et Brasserie Labatt ltée(1) further to a motion for revocation filed by the employer against a decision rendered by a first commissioner ...
According to the Equal Opportunities Commission, 52% of men and 48% of women say they want to work more flexibly and 6.5 million people in the UK could be using their skills more fully if greater flexible working was available. The suggestion is that rigid models of work are driving highly qualified workers into jobs below their skill level in order for them to have a life outside of work ...
Much has been made of the e-communication provisions set out in the new Companies Act 2006. However, less is known of a piece of legislation which came into force on 1 January 2007, the Companies (Registrar, Languages and Trading Disclosures) Regulations 2006, which affect the electronic communications of every company and limited liability partnership in the UK ...
The Supreme Court of Canada recently handed down a highly anticipated judgment in McGill University Health Centre (Montreal General Hospital) (the “MUHC”) vs. Syndicat des employés de l’Hôpital Général de Montréal (2007 SCC 4) ...
Immediate access to the latest data is essential for business. The Internet and other networks ensure that data are readily accessible. But easy access to data carries with it certain risks, including the risk of unauthorised access. According to research by Gartner in 2006, 80 percent of companies will have suffered an application security incident by 2009 ...
We are pleased to advise you of recent Quebec Superior Court judgments rendered in favour of our clients. Two motions for authorization to institute a class action were recently denied by the Court, which should be a matter of interest to decision-makers and lawyers dealing with issues involving competition, environment and natural resources as well as class actions generally ...
This paper was prepared for the Pacific Business & Law Institute's 12th Annual Conference on The Essential Tasks of Pension and Benefit Plan Trustees, held in Vancouver, British Columbia on February 20, 2007 Most lawyers are familiar with claims for coverage under disability insurance ...
On November 30, 2006, the Human Rights Tribunal of Quebec released a judgment in which it concluded that a grievance arbitrator did not have jurisdiction over litigation stemming from allegations of employment discrimination. In the case of Commission des droits de la personne et des droits de la jeunesse v ...
It is known that an insurer has a considerable duty to inform in group insurance. The Superior Court, in a decision by Justice Hélène Langlois, specified the extent of this duty in Tanguay et al v. L’Ordre des ingénieurs du Québec and The Manufacturers Life Insurance Company of North York, doing business under the name Manulife Financial(1) ...
The Court of Appeal rendered an important decision on October 31, 2006, which dealt with the liability of manufacturers and professional sellers, as well as several other related issues, in the case of The Boiler Inspection and Insurance Company of Canada and Prima Viande Ltd v. Manac inc./Nortex (manufacturer of the Arcoplast product) and Systèmes intérieurs Atlas inc ...
Do you offer your employees group insurance? If so, since January 1, 2007, under the Act respecting prescription drug insurance, you must deduct directly from the remuneration paid to each of your employees his or her portion of the premium applicable to the basic prescription drug insurance coverage stipulated in the group insurance contract.The Act respecting prescription drug insurance (R.S.Q., c. A-29 ...
The BC Privacy Commissioner recently issued two decisions which address “employee personal information”, as well as some other issues of interest under the BC Personal Information Protection Act (“PIPA”) ...
Part III of the Canada Labour Code sets out the employment standards minimums for federally regulated employers. It was enacted in 1965 and had not been systematically reviewed since then. In December 2004, the federal government appointed Professor Harry Arthurs, a former Dean of Osgoode Hall Law School, to conduct a comprehensive review of Part III. Professor Arthurs issued his final report (324 pgs) on October 30, 2006 ...
On November 9, 2006, the Minister of Justice, Yvon Marcoux, introduced Bill 48, entitled An Act to amend the Consumer Protection Act and the Act respecting the collection of certain debts (hereinafter, the “Bill”).The Bill is based on the Internet Sales Contract Harmonization Template agreed on by the provinces further to the Agreement on Internal Trade ...
The December 2006 SFC Enforcement Reporter provides a timely reminder that carrying out regulated activities without a licence is a highly risky endeavour in Hong Kong. This caps off a year where there were a number of significant enforcement actions for unlicensed dealing activities ...
Section 316 of the Act respecting industrial accidents and occupational diseases(1) (the “AIAOD”) makes an employer responsible to the CSST for a contractor’s (or subcontractor’s) unpaid assessments in respect of such contractor’s (or subcontractor’s) employees:“316. The Commission may demand payment of the assessment due by a contractor from the employer who retains his services ...
Foreign companies have always complained about the requirements and criteria associated with tendering for domestic infrastructure projects. The conservative attitude and lack of commercial awareness of bureaucrats and discriminatory qualification requirements have all contributed to warding off reputable international companies. Comments made by both the American and the European Chambers of Commerce in recent years have by and large recommended that international tendering be encouraged ...
The “Chiasson”(4) appeal is making headlines as it has the potential to force corporations to review and perhaps re-write their drug-testing policies and procedures.Chiasson dealt with pre-employment drug testing. The Complainant had applied for and was offered a job as a receiving inspector at an oil sands project in Fort McMurray, Alberta. The offer of employment was subject to the results of a pre-employment medical and drug screening test ...
Human Resources and Skills Development/Service Canada (“HRSDC”) recently implemented Regional Occupations Lists (the “Lists”). The Lists are meant to “assist employers who are experiencing difficulty filling job vacancies due to labour market shortages ...
Cory Grams died while at work at a Maple Leaf Metal Industries Ltd. (“Maple Leaf”) plant in Edmonton, Alberta. His parents, as beneficiaries and administrators of his estate, claimed damages against Maple Leaf for $92,000 for negligence in failing to provide insurance coverage under an employment contract. A claim against the insurer, Zurich, was settled prior to trial. Mr ...
Effective December 12, 2006, mandatory retirement will no longer be generally permissible in Ontario, (as a result of amendments to the Ontario Human Rights Code). Employers will, however, still be allowed to enforce mandatory retirement polices if they can show that being younger than 65 (or another designated age) is a bona fide occupational requirement ...
The new LC is based on a different legal conception than the existing LC. Whereas the still valid LC is a mandatory legal regulation with no exceptions, the new code allows that the rights or obligations in labour-law relations are regulated differently than in the Labour Code, unless the code expressly prohibits or unless it results from the nature of the relevant provisions that it is impossible to deviate from such provisions ...
The right to privacy occupies a prominent place in Quebec law. Both the Charter of human rights and freedoms(1) and the Civil Code of Québec(2) recognize this right. Moreover, it is acknowledged that deliberate interception of a private communication may infringe this right. Does this mean that any form of electronic recording in a work environment is prohibited? Absolutely not ...
