Civil and Commercial Litigation

Since the Supreme Court ruling in Rubis v. Gray Rocks Inn Ltd., 1982 CanLII 17 (SCC), [1982] 1 SCR 452, in 1982, personal injury claims have largely been determined on the basis of the concept of “trap”. Essentially, a trap is defined by the case law as a situation that has an inherent danger, which […]

On October 18, 2021, the Superior Court of Quebec rendered an important decision in Ordre des comptables professionnels agréés du Québec c. Procureur général du Québec, 2021 QCCS 4327, regarding the limitations of the duty of confidentiality applicable to chartered professional accountants [CPA]. Essentially, the Court concludes that section 17.0.1 of the Act respecting the […]

Bill 96, An Act respecting French, the official and common language of Québec, proposes a certain number of substantial modifications to Quebec civil procedure. The Bill is presently making its way through various stages of consideration at the National Assembly of Quebec and it is possible that additional changes will be made prior to the […]

Multi-tiered “mediation-arbitration” clauses are increasingly popular since they not only offer flexibility in the manner of resolving disputes, but also provide a timely, cost-effective dispute-resolution option that enables the parties to proactively intervene in the early stages of the dispute. The Court of Appeal of Quebec has rendered an important decision that enables insurance companies […]

The Supreme Court of Canada recently rendered an important decision which may have a significant impact on commercial contracts concluded under Quebec law. In the case of 6362222 Canada inc. v. Prelco inc., 2021 SCC 39, the Court was called upon to decide whether a limitation of liability clause could be set aside in virtue […]

Ballard c. Ville de Gatineau, 2021 QCCS 3695, recently rendered by the Superior Court, deals with the effect of the recognition of a right by a defending party on extinctive prescription. The parties’ arguments The case originated from the issuance of two infraction notices given by the City of Gatineau following embankment work carried out […]

It is my pleasure to write this introduction to our summer 2021 newsletter. The timing is pretty optimal since the firm, including our Commercial Litigation group, was on a roll for the first six months of the year. Our team has grown, with three new lawyers to respond to clients’ needs: Médgine Gourdet, who has […]

The Quebec Court of Appeal recently upheld a decision of the Superior Court in Ski Bromont.com c. Jauvin, 2021 QCCA 1070, condemning a mountain resort to pay a guest $152,579 following a fall from a chairlift after resort employees left a customer stranded. A fun day of mountain biking at one of Quebec’s Eastern Townships’ […]

On May 20, 2021, the Court of Appeal, in the case of Ville de Mascouche c. Architectes Rivest-Jodoin & Associé, 2021 QCCA 859 affirmed the decision of the Superior Court (2019 QCCS 1996) which granted a motion to dismiss on the grounds of prescription. The City of Mascouche [City] hired Anjalec Construction inc. [Anjalec] in […]

In a decision rendered by the Court of Quebec (still unpublished as of this writing) on January 22, 2021 in 9174-0886 Québec inc. c. Rochette, RSS successfully presented a motion alleging abuse of proceedings in a related case dismissed at the preliminary stage, by arguing the application of res judicata. The facts In 2014, Plaintiff […]