Newsletters

In Grandmaître c. Lacombe (2016 QCCS 2216), the Superior Court held that a self-builder who sold an immovable was not a professional seller and consequently could invoke a clause excluding the legal warranty against hidden defects. The Court of Appeal recently affirmed this decision in Grandmaître c. Lacombe (2018 QCCA 651). Click here to read […]

Whenever damage occurs in a condo building, the directors of the syndicate should first make sure to exhaust all possible remedies against the syndicate’s insurer before filing a claim against a co-owner. Such is, after all, the purpose of the syndicate’s insurance policy. This newsletter discusses a recent judicial decision in Syndicat des copropriétaires du […]

Harassment at work has been a major issue for quite some time, and recent amendments to Quebec’s Labour Standards Act may require employers to meet new obligations. Jacques Bélanger briefly explains how these amendments may impact your workplace. Click here to read more (PDF).

While for some the pre-purchase inspection is essential when purchasing a home or building, others feel it is of little use considering the various limitations to the inspector’s mandate. Marika Douville explains basic notions on inspections, then discusses them in light of the decision of the Superior Court in 9125-5216 Québec inc. c. Sogevem Associés […]

In the recent matter of Fortier c. SSQ, société d’assurances générales inc., 2018 QCCS 1495, the Superior Court analyzed the provisions of the Civil Code of Quebec pertaining to the Insured’s obligation to disclose all relevant circumstances for the assessment of risk, when said circumstances relate to the criminal record of a third party residing […]

The recent decision in Compagnie d’assurances Missisquoi c. Constructions Reliance inc. (Construction Reliance du Canada ltée), 2018 QCCS 1049, was the occasion for the Superior Court to clarify the scope of application of wrap-up and Completed Operations Hazard policies. Click here to read more (PDF).

Almost anything that is related to your company’s or organization’s image — a name, a design, a slogan, a three-dimensional shape — can fall under the scope of the Trademarks Act. Important changes to this Act will soon be in force: Richard Uditsky explains the impact of some of these changes and how you could save money […]

On certain conditions, transfers made on or after December 21, 2017 will be exempt from transfer duties when a partnership is a party under conditions similar to those already enacted for companies. Click here to read explanations by Martin Lord (PDF).

In an earlier bulletin (“Shop elsewhere: it’s cheaper!”), we reminded that the duty of loyalty, implicit in any employment agreement under article 2088 of the Civil Code of Quebec, requires the employee’s constant and flawless honesty with the employer. Severe breaches from this duty may lead to dismissal, as seen in an arbitration award issued […]

A most common new year’s resolution focuses on the dreaded letter “D” for “diet”. However there are two other words starting with “D” that should be included in your new year’s resolutions and those are “disability” and “death”. If you have an up-to-date estate plan in place, you are on solid footing for 2018. However, […]