Civil and Commercial Litigation

The Court of Appeal recently put an end to a case that had originated in November 2008 with the destruction by fire of a combine harvester (CNH Industrial Canada Ltd. c. Claude Joyal inc., 2019 QCCA 1151). The owner’s insurer had compensated its insured and then filed a claim against the seller of the machine. […]

Tender documents often specify that proportionate unit prices must be included in the bids submitted. This requirement allows the client to compare proposals with more accuracy. Can a bidder ignore these specifications and rely solely on the total price of its bid to assert its competitive position? Secondly, a bidder whose proposal is unfairly rejected […]

On December 13, 2018, new provisions in the Civil Code of Québec relating to insurance and divided co-ownership came into effect. Several new rules have been introduced. Click here to read more (PDF).

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 […]

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 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).

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 […]

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 […]

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).

November 1, 2017 — In CNH Industrial Canada Ltd. c. Promutuel Verchères, société mutuelle d’assurances générales, 2017 QCCA 154, the Court of Appeal confirmed that the purchaser of a property stricken with a latent defect, who sues the professional seller or the manufacturer, benefits from a triple presumption against the latter: presumption that there is a […]