Law of Our Land

I KNOW IT’s been awhile. And I do apologize. I’m back. Happy New Year to you may 2019 be filled with good health, happiness and prosperity. And may you refrain from insulting the police. Huh? Well, I came across what I considered an interesting municipal court decision rendered in the District of Quebec on November 29, 2018 in the matter of Ville de Québec c. Philip Blaney (2018 QCCM 277). On a June evening last year, Blaney and his young friends were out and about. At one ...Continue reading

I STUMBLED ON a decision rendered by the Human Rights Tribunal of Quebec on September 12, 2018 in the matter of Commission des droits de la personne et des droits de la jeunesse v. 9183-5355 Quebec Inc. (700-53-000023-170). Facts are pretty straightforward. Late one night, a 20-year-old guy, together with 8 of his friends, visit a club/bar. The doorman asks the man for a piece of identification. Seeing that the guy is 20 years old and not 21 the cut-off admission age set by...Continue reading

FRANCHISE LAW is one of my core knowledge areas. This story underscores the importance of negotiating (as much as is possible) a good franchise agreement, the rights and obligations of both the franchisor and the franchisee and the manner in which confidential or proprietary information is to be treated. I will be very curious to see what litigation follows from this situation....

VERY INTERESTING. Yet, I've been offering flat-fee billing for years. In fact, if a corporate client sends us his minute books, that client can, for a flat fee of $2500, call me an unlimited number of times in a calendar year for strategic advice or to pick my brain on legal issues. I'm glad to see that my colleagues are waking up to reality....

TOOK SOME TIME off since July. As we get ready to head into September, I thought I'd share a story about Gwyneth Paltrow's company, GOOP, and its imminent foray into Canada: "In order for a product to be subject to regulation by Health Canada, it needs to have a specific health claim. Natural health products have to have a product licence, evidence requirement for safety and efficacy, proper labelling (such as a complete list of medical and non-medical ingredients) and any health warnings, according to Health Canada."

It’s summer. Marijuana legalization is around the corner. So, I thought we’d look at the Quebec Rental Board decision rendered on July 10, 2018 in the case of Leclerc v. Hubert (file number 399503 31 20180518 F). Leclerc, the landlord, petitioned the Board to, among other things, include a clause in Hubert’s (the tenant) existing lease that would prohibit the smoking of any cigarette or marijuana in the interior of the tenant’s leased premises and exterior accessory parts the...Continue reading

This week, my eye was drawn to the case of 4370732 Canada Inc. (the "Appellant") v. Re/Max Royal (Jordan) Inc. (the "Respondent") decided by the Quebec Court of Appeal on July 4, 2018 (500-09-026626-176/ 500-17-091131-154). The Appellant had office spaces to lease. The Respondent, a real estate brokerage firm, was looking to lease new office space and, through one of its brokers, reached out to the Appellant. Both the Appellant and the Respondent came to an agreement and a le...Continue reading

WHAT DO YOU think of this idea? Do you think the practice of name-blind hiring helps curb unconscious bias?

FASCINATING. The ruling said, simply, that public-sector unions can no longer require non-union workers to pay fees that allow unions to collectively bargain. The practical effects of this decision are that US unions will lose considerable bargaining power and that union membership could well sink.....

Every so often a Court judgment is rendered that has the effect of impacting the everyday lives of Canadians. The Quebec Court of Appeal decision on June 4, 2018 in the matter of Hôtel Motel Manic Inc. vs. Suzanne Pitre (200-09-009582-179/ 655-22-000907-159) is one of those cases. The facts are pretty straightforward. In the early morning hours of December 9, 2012, Ms. Pitre was leaving her office Christmas party with a colleague as they made their way to Ms. Pitre’s car park...Continue reading

I THINK THIS is a wonderful idea -bringing the Supreme Court of Canada to a venue near you. Splendid initiative. It is important to re-enforce the importance of this institution and the role it plays in our everyday lives. Seeing the Court out-and-about underscores its continued relevancy and solidifies the trust of Canadians in its decision-making process....

LISTEN TO ME TOMORROW on the Law of Our Land - CJAD 800 at 7:40 am. And stay tuned for a new legal post on Sunday evening...LISTEN TO ME TOMORROW on the Law of Our Land - CJAD 800 at 7:40 am. And stay tuned for a new legal post on Sunday evening...

JOIN ME EVERY SUNDAY, 7:40 am, on CJAD 800 AM for my legal segment called the "Law of Our Land"JOIN ME EVERY SUNDAY, 7:40 am, on CJAD 800 AM for my legal segment called the "Law of Our Land"