Newsletters

RSS succeeds in having a $55-million liability claim dismissed before the Supreme Court

A corporation of which you are a shareholder claims to have sustained important damages which, in your view, were caused by the fault of professionals. These damages and losses caused the corporation’s bankruptcy. Can you, as shareholder, sue the professionals to claim compensation for the corporation’s damages? No, the Supreme Court of Canada ruled in Brunette […]

No presumption of lessor’s liability in case of fire

In 9192-2401 Québec inc. (Fabrication Pro-Fab) c. Villeneuve (Immeubles Jolik), 2018 QCCA 1143, the Court of Appeal underlined that in a claim by a lessee against a lessor, in virtue of article 1854 CCQ, the lessee must prove that the damages were caused by either a defect, a default or a failure of the leased […]

Is gradual occupancy a vacancy under the policy?

Homeowner insurance policies frequently exclude vacant dwellings from coverage. But is a building considered vacant when its owners have not yet moved in while visiting occasionally to prepare the premises? The Superior Court recently examined this question in Nkana c. La Garantie, compagnie d’assurances de l’Amérique du Nord, 2018 QCCS 4265. Click here to read […]

New measure to accelerate the payment of public construction contracts

Delays in the payment of public construction contracts are an annoyance to contractors. The Charbonneau Commission even concluded that these delays are an element facilitating the involvement of organized crime in the public procurement process. To solve the problem, the Quebec government recently launched a pilot project to develop means of accelerating these payments. Pierre […]

The “care, custody or control” exclusion clause, as reviewed and discussed by the Supreme Court of Canada

A hotel operator offers travellers to park their car in its parking lot while they’re on their winter vacation. A car is stolen while its owner is away. The hotel operator’s liability is at stake. Must one conclude that the car was under its care, which would deprive it of insurance coverage under the “care, […]

Update on the time limit to file a complaint for harassment

On June 12, 2018, the time limit to file a complaint for harassment under the Labour Standards Act was extended from 90 days to two years. We highlighted this in our July 3, 2018 newsletter. Does this mean that events prior to June 12, subject to the 90-day limit, now expired, can no longer be […]

The right to claim the costs of bringing property up to standards

Compensation for property damages is awarded to allow restoring the situation that prevailed before the damage. A court will therefore award an amount sufficient to repair, rebuild or replace the damaged property. But what if the cost of making the victim whole again is increased because of external factors, such as more rigorous standards than […]

Don’t forget your de facto spouse in your estate planning!

A periodical review of one’s personal affairs never hurts. Doing so, you should be aware of a rule of Quebec law that could have devastating consequences. If you are in a de facto spousal relationship, unless you dictate so in a will, your surviving spouse will have no right in your estate. Marilyn Piccini Roy […]

Periodical look at our Business Law Group’s activity

A periodical glimpse into the wide variety of deals and cases that RSS handles each and every day. From helping startups and assisting individuals to working along major corporations, we provide the complete scope of legal services. Click here to read more (PDF).

Starting point for prescription: Defects appearing gradually

The Court of Appeal’s decision in Garand c. Fiducie Elena Tchouprounova, 2018 QCCA 876, rendered on July 19, 2018, discusses the starting point for the prescription period when dealing with defects that appear gradually. Click here to read more (PDF).
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