Newsletters

“What if…?” The Fear of an Increased Risk of Cancer Is Not Compensable Damage Justifying a Class Action

On August 12, 2022, in Palmer v. Teva Canada Ltd., 2022 ONSC 4690, the Ontario Superior Court of Justice dismissed an application for authorization to bring a class action against the manufacturers of a hypertension drug sold under the generic name of valsartan. The application was filed in 2018, a few days after the manufacturers […]

A Snapshot of Our Recent Activity — Fall 2022

Profile of Martin Côté Martin Côté is a lawyer, and a partner in our Civil and Commercial Litigation practice. He is the author of the fall edition of our revamped newsletter. Over the past few years, he has developed extensive expertise, especially in defamation cases and in matters related to university education. Have a look […]

Les contrats d’approvisionnement et à commandes

Only available in French Le 6 octobre 2021, le gouvernement du Québec déposait le projet de loi 103 intitulé Loi modifiant diverses dispositions législatives principalement aux fins d’allègement du fardeau administratif. Ce projet de loi offre aux municipalités la possibilité d’octroyer un contrat d’approvisionnement sous forme de contrat à commandes. Ce type de contrat permet […]

Temporary Suspension of the Obligation for Corporations to Provide French Translation of English Court Proceedings

In Mitchell c. Procureur général du Québec, 2022 QCCS 2983, Madam Justice Chantal Corriveau of the Superior Court has just suspended the coming into force of sections 9 and 208.6 of the Charter of the French Language as amended by An Act respecting French, the official and common language of Québec, better known as Bill […]

A Reminder of the Basic Differences Between a Builder’s Risk Policy and a Liability Policy

In the recent case of Bridor inc. c. 90784497 Québec inc., 2022 QCCS 2496, the Superior Court ruled on the fundamental distinctions between a Builder’s Risk policy and a liability insurance policy. Bridor inc. [Bridor] had retained the services of Construction Milkado [Mikado] as a construction manager to oversee the expansion of its plant. In […]

Buying a Century-old Property: An Extra Measure of Care Is Required

While looking for a home, you fall for a century-old residence: what should you do? Make sure you carry out certain verifications before closing the sale. Although the legal warranty of quality applies regardless of the building’s age, courts generally have more stringent expectations towards buyers of older properties. The Superior Court illustrated this in […]

Can You Slander a Candidate in an Election?

What are the limits of what can be said on social media about a candidate in an election? The question was answered in Laprise c. Simard, 2022 QCCS 1384, a recent decision by Justice Claude Bouchard of the Superior Court. The Facts The plaintiff is the candidate for the Conservative Party of Canada in the […]

Thawing the Big Freeze: Bill 2 and Accessibility to Joint Accounts on Death

On June 6, 2022, the Quebec legislator enacted an Act respecting remittance of deposits of money to account co-holders who are spouses or former spouses [Act]. That is part of the wide-reaching Bill 2, An Act respecting family law reform with regard to filiation and amending the Civil Code in relation to personality rights and […]

Evidence by Presumption: Utility and Pitfalls

This webinar was presented on June 16, 2022, as part of our firm’s annual lectures on insurance law. Description Property is stolen in a warehouse while the alarm system, unexplainably, was down. There is a suspect, an employee, but no one has seen him deactivate the alarm system or carry the property. Can we assume […]

Introduction to the Small Claims Process

This webinar was presented on June 13, 2022, as part of our firm’s annual lectures on insurance law. Description With jurisdiction on claims of $15,000 or less, the Small Claims Division of the Court of Québec hears nearly 15,000 cases each year. Whether the object is an account, bodily injury, latent defects, or an insurance […]
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