Civil and Commercial Litigation

Access to the courts is a fundamental right, but what happens when a person uses it not to assert legitimate rights, but to harass others or clog the system to excess? This is quarrelsomeness: the tendency to exercise one’s right to litigate in an excessive or unreasonable manner. Far from being a marginal phenomenon, it […]

In its recent decision in Syndic de Bopack inc. (2025 QCCA 909), the Quebec Court of Appeal reaffirmed the principle that, in matters governed by the Bankruptcy and Insolvency Act, the deadline for filing a notice of appeal is ten days from the date of the judgment. This principle is particularly important to bear in mind, as in […]

We’re proud to announce that four of our lawyers were named “Litigation Star” by Benchmark Litigation Canada for 2023: Patrick Henry, Lynne Kassie, Hugues Duguay and Vikki Andrighetti. Congratulations for this accomplishment!

There is a theory in civil liability called “assumption of risk”. This well-enshrined notion is based on the premise that an individual who willingly participates in a risky or dangerous activity and is aware of the inherent risks associated thereto cannot claim damages if he is injured when this risk or danger materializes. Two recent […]

This paper was written under a partnership with the Montreal Association of Insurance Women. Quebec’s Automobile Insurance Act, CQLR c A-25 [Act], is the object of abundant jurisprudence. The courts are frequently called upon to determine the field of application of the State regime, the object of which is to facilitate prompt compensation of the […]

The recent decision in Nguyen c. Succession de Durand, 2022 QCCS 3224 provides a useful illustration of the legal principles which apply in the event of a claim for damages for latent defects. The Superior Court reiterated that a buyer’s obligation to inspect a residence prior to purchase is limited in scope and that the […]

Quebec law allows for the recognition and enforcement of judgments rendered by foreign courts. Although these decisions are rendered according to foreign laws, can or must Quebec courts take into consideration the Quebec and Canadian public order principles in deciding whether to recognize such judgments? In Awanda c. AMBC Ventures Inc., 2022 QCCA 1133, the […]

The Civil Code of Québec [Code] provides special protection to businesses and workers in the construction industry: 2726. A legal hypothec in favour of the persons having taken part in the construction or renovation of an immovable may not charge any other immovable. It exists only in favour of the architect, engineer, supplier of materials, […]

On August 12, 2022, in Palmer v. Teva Canada Ltd., 2022 ONSC 4690, the Ontario Superior Court of Justice dismissed an application for authorization to bring a class action against the manufacturers of a hypertension drug sold under the generic name of valsartan. The application was filed in 2018, a few days after the manufacturers […]

Profile of Martin Côté Martin Côté is a lawyer, and a partner in our Civil and Commercial Litigation practice. He is the author of the fall edition of our revamped newsletter. Over the past few years, he has developed extensive expertise, especially in defamation cases and in matters related to university education. Have a look […]