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Access to the courts is a fundamental right, but what happens when a person uses it not to assert legitimate rights, but to harass others or clog the system to excess? This is quarrelsomeness: the tendency to exercise one’s right to litigate in an excessive or unreasonable manner. Far from being a marginal phenomenon, it […]

On October 5, 2026, the final amendments to the Regulation amending the Regulation respecting the application of the Consumer Protection Act (the “Regulation“) are expected to come into force, completing the implementation of the new “good working order” warranty in the province of Quebec. When this warranty applies, the merchant or manufacturer will be required to repair […]

In Pavage Wemindji Inc. v. Compagnie de Construction et de Développement crie ltée, the Quebec Superior Court emphasized that a valid notice of default (mise en demeure) is not just a formality—it’s a precondition to exercising remedies like contract termination in many cases under Quebec civil law. The Decision The plaintiff, Pavage Wemindji Inc. (“Wemindji”), […]

Penalty clauses are a practical tool for owners: instead of having to prove actual losses when a contractor falls short, they can rely on a pre-agreed sum. For contractors, however, the stakes are equally significant — a lump-sum penalty can consume a substantial portion of the contract’s value. Still, the mechanism has its limits. Courts […]

Since the widespread adoption of artificial intelligence tools, growing concerns have emerged regarding their use in judicial proceedings. Recent decisions have relied on section 342 of the Code of Civil Procedure to sanction parties who make improper use of such tools. More specifically, this provision has been invoked on several occasions to address the use or citation […]

In an interim decision in Djaferian v. Spanoudakis,rendered on February 20, 2026, the Superior Court had to determine whether an offer made 15 months earlier, prior to the institution of proceedings, could still be accepted and result in a transaction. Summary of Facts and Timeline The Plaintiff, a co-owner who sustained water damage to his private […]

In De Sousa and Corporation interactive Eidos, 2026 QCTAT 4, the Quebec Administrative Labour Tribunal (ALT) appears to have broadened the scope of an employer’s obligation to prevent harassment. The decision arose from a complaint filed by a former employee who had been sexually assaulted at her home by a colleague following an office party organized by the […]

The Quebec Court of Appeal in Zurich, Compagnie d’assurances SA c. CRT Construction inc., recently overturned the Superior Court’s decision on the interpretation of a construction insurance policy. Facts CRT Construction Inc. (“CRT”) was retained by the City of Montreal (“City”) to perform major construction work at the Atwater water treatment plant. At the City’s request, CRT […]

The Facts In the context of a project for the construction of a ten-storey condo building, the excavation contractor subcontracts the design and installation of a Berlin-type retaining wall (the “Wall”) to Phénix Maritime inc. (“Phénix”) which, in turn, subcontracts the design to Les Investigations Marcel Leblanc inc. (“IML”). Problems arise that substantially delay the […]

On January 30, 2026, Quebec’s privacy regulator, the Commission d’accès à l’information (“CAI”), published fresh guidance aimed at strengthening how organizations prevent confidentiality incidents involving personal information. Confidentiality incidents are one of the most significant privacy risks facing organizations today. In Quebec, these incidents are governed by several laws, including the Act respecting the protection […]