Legal bulletins

The Supreme Court of Canada decides that the remedy under section 124 of An Act respecting labour standards for
dismissal without good and sufficient cause is of public order, even for unionized employees.
The matter of S.F.P.C. v. Quebec.

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Since the start of 2010, 18 motions for authorization to bring a class action have been filed in Quebec, against a total of no less than 88 defendants.1  And the year is only half over!

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The use of the internet and email as a work tool, for research and communication purposes, is now a daily reality for many Quebec employees. However, while granting employees access to the internet and the use of email is a highly attractive proposition for employers, it can entail serious drawbacks.

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In the matter of F.L. v. Astrazeneca Pharmaceuticals, p.l.c. et al., 2010 QCCS 4701, the Quebec Superior Court issued an interesting decision denying a motion for authorization to institute a class action against a pharmaceutical company. The decision is important, as the Court dealt with the application of the entire set of criteria for instituting a class action, while confirming that a drug is not a thing to which the warranty against latent defects applies.

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Langlois Kronström Desjardins has won an important arbitration case dealing with the meaning of the term “bankable feasibility study” in the mining industry. The final decision of the arbitrator contains an in depth review of this concept in the context of joint venture agreements, and canvasses other complex factual and legal issues related to mining project finance and option-joint venture agreements in common use in the mining industry. As such, the award of the arbitrator in the case of Canadian Royalties v. Nearctic Nickel Mines constitutes one of the few global precedents on the subject. In this Legal Bulletin, we review the main elements of the decision, with a view to highlighting some pitfalls to be avoided in the negotiation and drafting of earn-in agreements.

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In addition to the usual taxes, in its newly adopted budget for the year 2010, the City of Montreal has included a new tax: a tax on parking lots (By-law #10-008). The City
hopes to thereby collect $20 million in additional revenue in 2010.

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