Newsletters

A Snapshot of our Recent Activity — Business Law

A periodical glimpse into the wide variety of deals and cases that RSS handles each and every day. From helping start-ups and assisting individuals to working along major corporations, we provide the complete scope of legal services. M&As, Financing and Business Transactions Representation of a major Canadian footwear company in the sale of its business. Barry […]

Moratorium Period Exclusion in Insurance Law

On January 7, 2020, in Talbot c. Industrielle Alliance, assurances et services financiers inc., 2020 QCCS 193, Justice Martin Dallaire dismissed a claim for a critical illness insurance benefit following a cancer diagnosis for which the insured showed signs and symptoms during the moratorium period. However, he concluded that this clause cannot have the effect […]

A Snapshot of our Recent Activity — Insurance Law

Exciting News! As the new decade unfolds and RSS gears up to celebrate its 100th year, it is delighted to announce the appointment of the new Managing Partner, Andrew Penhale, an old face. Andrew was an attorney with the firm from 2001 to 2010 before moving on to head the Claims Department of the Professional […]

The Court of Appeal Clarifies the Impact of Expert Opinions on the Burden of Proof in an Action for Latent Defects

In Groupe Royal inc. v. Crewcut Investments Inc., 2019 QCCA 1839, the Court of Appeal affirmed that in an action for latent defects, the Plaintiff’s expert opinions are not required, whereas those filed in defence must demonstrate the precise cause of the defect in order to rebut the presumption. In this case, the Plaintiffs, manufacturers […]

Don’t read this after 6:00 p.m.! The right to disconnect

Hyperconnectivity It goes without saying that we live in a world that has become “hyper-connected”, as we are constantly staring at our cell phones or other electronic devices. Many employees find themselves, outside of office hours, constantly responding to emails and requests from their employer, colleagues or clients. While this connectivity brings flexibility to the […]

The insurer’s obligation to defend and indemnify: A subject revisited, yet still current

In Développement les Terrasses de l’Île inc. c. Intact, compagnie d’assurances, 2019 QCCA 1440, the Court of Appeal of Quebec examined claims for the cost of repairing construction defects and the cost of repairing the damage caused by the defects, and had to decide the extent of the insurer’s obligation to provide a defence to […]

Will your exterior signs be French enough on November 24, 2019?

New requirements on commercial signage will soon be mandatory. If your business displays on its exterior signs a trademark in a language other than French, you must ensure that they comply with these new requirements, otherwise sanctions could be applied against you. Click here to read more (PDF).

Recent Court of Appeal Decision on Spoliation of Evidence

The Court of Appeal recently put an end to a case that had originated in November 2008 with the destruction by fire of a combine harvester (CNH Industrial Canada Ltd. c. Claude Joyal inc., 2019 QCCA 1151). The owner’s insurer had compensated its insured and then filed a claim against the seller of the machine. […]

Breach of Formal Warranty Leads to the Suspension of Insurance Coverage

In Miller c. Promutuel Boréale, société mutuelle d’assurances générales, 2019 QCCS 1288, Justice Guylène Beaugé of the Quebec Superior Court dismissed legal proceedings instituted by insureds against their insurer while granting the latter’s cross-claim on the grounds that there was a breach of a formal warranty. Click here to read more (PDF).

New requirement to disclose your prête-nom or nominee agreements to Revenu Québec

Are you a party to a “prête-nom” or nominee agreement? These are commonly used in real estate transactions to register property in the name of a nominee corporation, which holds legal title only, with the beneficial ownership retained by the true owner(s). Nominee corporations are often used to collect rent and pay expenses, or to […]
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