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In Fact and in Law

Limits of the deemed trust created under provincial tax legislation PDF Version
In Fact and in Law — December 2011 Jean Legault and Mathieu Thibault
In its judgment in the case of Banque Nationale du Canada v. Agence du Revenu du Québec, 2011 QCCA 1943,...

The Superior Court refuses to authorize a class action against a furniture and electrical household appliances giant PDF Version
In Fact and in Law — December 2011 Benjamin David Gross and Ariana Lisio and Jean-Philippe Lincourt
The Honourable Justice Louis-Paul Cullen of the Superior Court rendered a judgment on September 23, 2011 which dismissed a motion...

Corporate directors in Quebec in the wake of the economic crisis PDF Version
In Fact and in Law — December 2011 Guillaume Lavoie
The role, and especially the liability, of corporate directors have evolved considerably over the last few decades. Obviously, the financial...

What if what was published on Facebook was admissible as evidence? PDF Version
In Fact and in Law — December 2011 Anne-Marie Lévesque
The advent of social networks such as MySpace, Facebook, Diaspora, Photobucket, Twitter, You Tube and others has brought significant changes...

What happens when a contract does not reflect what was agreed upon between the parties? PDF Version
In Fact and in Law — November 2011 Étienne Brassard and Benjamin David Gross
On October 28, 2011, the Quebec Court of Appeal upheld a judgment of the Superior Court allowing for clauses of...

SMEs, Governance and Directors PDF Version
In Fact and in Law — November 2011 André Laurin and André Vautour
Since the mid-1990s, the promotion of corporate governance has been the subject of various public and private initiatives in Canada....

Creation of New Internet Domain Names in 2012 PDF Version
In Fact and in Law — October 2011 Simon Lemay
On June 20, 2011, in Singapore, ICANN (Internet Corporation for Assigned Names and Numbers), the global co-ordination body for Internet...

When it becomes necessary to revoke the appointment of an inspector to ensure the proper functioning of the proposal or bankruptcy process PDF Version
In Fact and in Law — October 2011 Benjamin David Gross and Étienne Brassard
When a bankruptcy occurs, the creditors play a central role in the administrative control of the bankrupt’s estate. In this...

Secured or postponed: Where does the secured lender who shares? PDF Version
In Fact and in Law — July 2011 Jean-Yves Simard
On April 4, 2011, the Honourable Benoît Morin, speaking for the Court of Appeal, with Justices Michel Robert and Jacques...

The Canada Consumer Product Safety Act: Are you ready? PDF Version
In Fact and in Law — June 2011 Louis Charette and Maude Lafortune-Bélair
After more than three years of delays, studies and public consultations, the Canada Consumer Product Safety Act came into force...

The Superior Court rules – The immunity is upsheld – to be continued... PDF Version
In Fact and in Law — June 2011 Jean Hébert and Louise Cérat
The Fire Safety Act came into force on September 1, 2000. Its purpose is to implement organizational arrangements pertaining to...

Directors and Risk Management PDF Version
In Fact and in Law — May 2011 André Laurin and André Vautour
Risk management has always been a part of an enterprise’s management profile. Historically, boards of directors did manage risk, albeit...

Change in Corporate Culture: New Expectations of the AMF for Insurer’s “Commercial Practices” PDF Version
In Fact and in Law — April 2011 Jean Martel and Nathalie Durocher
On March 11, 2011, the Autorité des marchés financiers (the “AMF”) published a draft Commercial Practices Guideline, which is available...

BIA: Equity claims in proposals – A look at new section 54.1 BIA PDF Version
In Fact and in Law — March 2011 Jean-Yves Simard
On October 28, 2010, Justice Yves Poirier of the Quebec Superior Court rendered a decision, which enforced the application of...

CCAA: Bet on the right horse – the “stalking horse” in Quebec PDF Version
In Fact and in Law — February 2011 Jean-Yves Simard
The case of the arrangement respecting White Birch Paper (the “White Birch Group”) was one of the most significant matters...

Quebec in the Corporations Era PDF Version
In Fact and in Law — February 2011 Valérie Boucher and Marie-Hélène Giroux and André Paquette
The Business Corporations Act (Quebec) (the “QBCA” or the “Act”) comes into force on February 14, 2011. Described as innovative...

CCAA: The use of credit bids at an auction is scrutiniezed by Quebec Courts PDF Version
In Fact and in Law — January 2011 Jean-Yves Simard and Jonathan Warin
In a recent decision of the Court of Appeal, the Honourable Pierre J. Dalphond confirmed that a secured creditor may...

The Supreme Court of Canada issues its judgment in the Burke case PDF Version
In Fact and in Law — December 2010 Josée Dumoulin and François Parent
On October 7, 2010, the Supreme Court of Canada rendered its judgment in the Burke v. Hudson’s Bay Co. case....

Can a creditor who institutes a hypothecary recourse recover "Extra-judicial professional fees...for services"? A Quebec Court rules PDF Version
In Fact and in Law — December 2010 Benjamin David Gross
Since the amendments made to the Civil Code of Québec (“C.C.Q.”) in 2002, article 2762 provides that: 2762. A creditor having...

De Montigny Case: The Supreme Court rules on the awarding of compensatory and exemplary damages PDF Version
In Fact and in Law — November 2010 Marie-Andrée Gagnon and Jean-Philippe Lincourt
On November 10, 2010, the Supreme Court of Canada rendered an important judgment concerning compensatory and exemplary damages.

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