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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 […]

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 […]

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 […]

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).

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. […]

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).

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 […]

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. Assembled by Herbert Z. Pinchuk, Head of our Business Law Group. Click here to read more (PDF).

Tender documents often specify that proportionate unit prices must be included in the bids submitted. This requirement allows the client to compare proposals with more accuracy. Can a bidder ignore these specifications and rely solely on the total price of its bid to assert its competitive position? Secondly, a bidder whose proposal is unfairly rejected […]

A will is an important document, that must be drafted by a person capable of expressing directions without any undue influence, otherwise its validity could be challenged before the courts. When such a dispute occurs, the party attacking the validity of the will has to adduce evidence supporting that claim on a balance of probabilities: […]