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What you must know about intellectual property law as we start 2019

January 22, 2019 — Intellectual property rights such as trade-marks, patents, industrial design registrations are often the most important assets which a company owns. Richard Uditsky has a look at recent legislative amendments that owners would be prudent to take advantage of. Click here to read more (PDF).

Double representation of the insured: Example of an exception

By Yves Cousineau, from our Insurance Law Practice Group. December 18, 2018 — A party may sometimes be represented by two lawyers to defend a claim: one designated by its insurer to defend against the demands involving an insured interest, and another selected by the party itself to address other grounds that may have been raised. […]

RSS succeeds in having a $55-million liability claim dismissed before the Supreme Court

By Katherine Delage, Nicholas J. Krnjevic and Ann-Julie Auclair, from our Insurance Law Practice Group. 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 […]

No presumption of lessor’s liability in case of fire

By Chantal Noël, from our Insurance Law Practice Group. November 21 2018 — In 9192-2401 Québec inc. (Fabrication Pro-Fab) c. Villeneuve (Immeubles Jolik), 2018 QCCA 1143, the Court of Appeal underlined that in a claim by a lessee against a lessor, in virtue of article 1854 CCQ, the lessee must prove that the damages were caused by […]

December 1, 2018: An important date in relation to hazardous products

October 31, 2018 — Some three years ago, new occupational health and safety standards were set regarding hazardous products. Employers were allowed a transition period to adapt to the new rules. However, the clock is ticking and this period will soon come to an end. Jacques Bélanger briefly describes these new obligations and cautions about the […]

Is gradual occupancy a vacancy under the policy?

By Chantal Noël, from our Insurance Law Practice Group. October 30, 2018 — Homeowner insurance policies frequently exclude vacant dwellings from coverage. But is a building considered vacant when its owners have not yet moved in while visiting occasionally to prepare the premises? The Superior Court recently examined this question in Nkana c. La Garantie, compagnie […]

New measure to accelerate the payment of public construction contracts

October 29, 2018 — 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 […]

The “care, custody or control” exclusion clause, as reviewed and discussed by the Supreme Court of Canada

By Patrick Henry, from our Insurance Law Practice Group. October 24, 2018 — A hotel operator offers travellers to park their car in its parking lot while they’re on their winter vacation. A car is stolen while its owner is away. The hotel operator’s liability is at stake. Must one conclude that the car was under […]

Update on the time limit to file a complaint for harassment

September 26, 2018 — On June 12, 2018, the time limit to file a complaint for harassment under the Labour Standards Act was extended from 90 days to two years. We highlighted this in our July 3, 2018 newsletter. Does this mean that events prior to June 12, subject to the 90-day limit, now expired, can […]

The right to claim the costs of bringing property up to standards

By Marc-André McCann, from our Insurance Law Practice Group. September 26, 2018 — Compensation for property damages is awarded to allow restoring the situation that prevailed before the damage. A court will therefore award an amount sufficient to repair, rebuild or replace the damaged property. But what if the cost of making the victim whole again […]