Newsletters

What are the obligations of a pre-purchase inspector?

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 […]

The insured’s obligation to declare all relevant circumstances: what if the information relates to a third party?

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 […]

Wrap-up and Completed Operations Hazard policies: When do they apply?

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).

What you should consider doing before Canada’s new Trademarks Act comes into force

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 […]

Duties on the transfer of an immoveable: New exemptions when a partnership is a party

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).

Shall I stay, shall I move… and what about the relocation allowance?

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 […]

An Estate Planning Resolution for 2018

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, […]

A great year end for RSS’s Business Law Group

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

The insured’s access to the insurer’s records and litigation privilege

In a recent decision (Fiset-Trudeau c. Compagnie mutuelle d’assurances Wawanesa, 2017 QCCS 5071), Madam Justice Florence Lucas held that an insurer’s notes and records, as prepared by its representatives, were subject to the litigation privilege and that, accordingly, the insurer could not be compelled to disclose them. Click here to read more (PDF).

Harassment is not costly only to stars…

Over the past few weeks, the media have been replete with reports of complaints alleging that high-profile individuals from the entertainment world had had improper if not abusive sexual behaviour with victims under their influence. Jacques Bélanger reminds employers that film stars and moguls are not the only people who could end up paying top dollar […]
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