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In Fact and in Law

Bitter Bidder Bites the Dust PDF Version
In Fact and in Law — July 2010 Jean-Yves Simard
On May 3, 2010, Justice Clément Gascon of the Superior Court rendered an interesting decision in the context of a...

Legal Hypothecs of Construction get Priority over a Super Priority Granted by the Court for dip Financing in Respect of Certain Assets of the Bankrupted Party PDF Version
In Fact and in Law — June 2010 Benjamin David Gross
Creditors petitioned the Court in order to have it amend the order of priority for payment determined by the trustee,...

Bill 79 Amending the Mining Act: Stimulating the Industry or Another Cause for Concern? PDF Version
In Fact and in Law — June 2010 Marc Dagenais and Sébastien Vézina
The Québec mining industry is currently at the forefront of discussion. We believe it is useful to sum up, for...

Plan of Arrangement Under the CCAA or Assignment in Bankruptcy Under the BIA: Which Takes Priority? PDF Version
In Fact and in Law — June 2010 Jean-Yves Simard and Dominique Vallières
Which group of creditors is entitled to the money held by a monitor for the purposes of carrying out a...

Hot Fire Cases: the Goodfellow Case: “The Dormant Fire”, and Café Luxor Case: “Between Two Fires” PDF Version
In Fact and in Law — June 2010 Nathalie Durocher
In February and March 2010, the Superior Court rendered two interesting decisions in cases involving fires. We will review these...

The decrease of the income replacement indemnity at 65 years of age is judged to be discriminatory by the Commission des lésions professionnelles PDF Version
In Fact and in Law — May 2010 France Legault
On March 18, 2010, administrative judge Richard Hudon of the Commission des lésions professionnelles (the "Commission") rendered a very interesting...

The Interpretation of a Progress Payment by a Bankruptcy Judge Sitting in the Province of Quebec PDF Version
In Fact and in Law — May 2010 Luc Thibaudeau
A recent Superior Court decision deals with a Progress Payment Agreement and a Master Lease Agreement between a financing company,...

Beware of Punitive Damages in Consumer Law! PDF Version
In Fact and in Law — May 2010 Jean-Philippe Lincourt and Jean Saint-Onge
The Quebec Court of Appeal recently rendered a long-awaited decision in a consumer protection class action. On February 26^th, the Court...

The Time Inc. v. Richard decision: the Fine Print Still the Subject of Much Debate PDF Version
In Fact and in Law — March 2010 Luc Thibaudeau
Article 219 of the Consumer Protection Act states that no merchant may, by any means whatsoever, make a false or...

Obtaining, varying, enforcing, or rescinding a child or spousal support order: have you deducted your legal fees this year? PDF Version
In Fact and in Law — March 2010 Marie-Claude Armstrong and Julie Brisson
Specific rules apply to the deductibility of legal costs incurred to obtain, vary, enforce or rescind a child or spousal...

The Member-Funded Pension Plan : a Defined Benefit Pension Plan that Limits the Employer’s Financial Risk PDF Version
In Fact and in Law — February 2010 Josée Dumoulin and François Parent
The decision of an employer to offer a pension plan to its employees is an important one. Various types of...

Will your Industrial Activities Allow your Property Assessment to be Reduced? PDF Version
In Fact and in Law — February 2010 Mathieu Quenneville and Sophie Prégent
For citizens living in municipalities whose property assessments are for the years 2010 to 2012, now is the time to...

A Disease Contracted During Activities of Everyday Life is Not an Accident! PDF Version
In Fact and in Law — February 2010 Odette Jobin-Laberge and Evelyne Verrier
On December 18, 2009, the Supreme Court rendered judgment in the case of Gibbens v. Co-Operators Life Insurance Company, concluding...

A lawyer’s freedom of expression : there is a limit to what one can say PDF Version
In Fact and in Law — February 2010 Véronique Ardouin
With regard to the professional obligations of a lawyer, is it possible outside the physical confines of the tribunal to...

Amendments to the Pay Equity Act PDF Version
In Fact and in Law — January 2010 France Legault
The Pay Equity Act (hereinafter the “Act”) celebrated its 10^th anniversary in 2006. To mark the occasion, the Commission de...

In accommodation matters, the employer must take into consideration both the rights of the employee and those of the clientele PDF Version
In Fact and in Law — January 2010 Pierre-L. Baribeau
Last August, an arbitrator ruled on a dispute in the context of which accommodation measures were sought for the benefit...

Liability Insurance and Reconstituted Families: Where Does the Court of Appeal Stand? PDF Version
In Fact and in Law — December 2009 Jonathan Lacoste-Jobin and Bernard Larocque
In August 2009, the Court of Appeal issued a judgment in which it ruled on the following interesting practical issues...

Recent developments in pension plans: Reform of federal plans / New Quebec regulation respecting Bill 30 PDF Version
In Fact and in Law — November 2009 Josée Dumoulin and François Parent
On October 27^th, the Minister of Finance announced an important plan to reform federally regulated pension plans. According to the...

Commentaire sur le projet de Loi 35 intitulé « Loi modifiant le régime de santé et de sécurité du travail afin notamment de majorer certaines indemnités de décès et certaines amendes et d’alléger les modalités de paiement de la cotisation pour les employe PDF Version
In Fact and in Law — November 2009 Marie-Claude Perreault and Vicky Lemelin
Passed into law on June 10, 2009, Bill 35 makes significant amendments to the modification of a method of levying...

Can no smoking rules on property be sweeping? PDF Version
In Fact and in Law — October 2009 Valérie Korozs
Under the Tobacco Act, employers must prohibit their employees from smoking inside their establishments. However, the Act is mute on...

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