Publications
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When it becomes necessary to revoke the appointment of an inspector to ensure the proper functioning of the proposal or bankruptcy process
When a bankruptcy occurs, the creditors play a central role in the administrative control of the bankrupt’s estate. In this regard, the Bankruptcy and Insolvency Act provides that, at the first meeting of creditors, the creditors must, among other things, affirm the appointment of the trustee (…)
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The Superior Court Overturns the Decision of the Commission des lésions professionnelles: the Reduction of the Income Replacement Indemnity at Age 65 is not Discriminatory
On March 18, 2010, the Commission des lésions professionnelles (“CLP”), in the case of Côté et Traverse Rivière-du-Loup, declared invalid section 56 of An Act respecting industrial accidents and occupational diseases (the “AIAOD”). It found that the section was discriminatory (…)
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Update on Planned Production Shutdowns
Since 1968, labour relations in the construction industry have been governed by a specific statute, the Act respecting labour relations, vocational training and workforce management in the construction industry.At the time, R-20 was enacted to put some order in an industry struggling with an (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 13
Engaging in Activities as a Dealer or Adviser: Am I Required to Register? A Corporation’s Unanimous Shareholder A greement Now A vailable to its Creditors Invoices of Convenience and Accommodation The Importance of Written Contracts Respecting Intellectual Property or the Art of (…)
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Legal newsletter for business entrepreneurs and executives, Number 10
Integrating a Trust as a Shareholder of your Family business Noncompetition Covenants Applicable to Shareholders A Shareholder Agreement : The Essential Tool of the Private Corporation shareholder
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The Court of Appeal confirms the right of an employer to continue its operations during a labour dispute
On September 14, 2011, the Court of Appeal of Quebec rendered a significant decision in the context of the labour dispute which occurred at the Journal de Québec in 2007 2008. This decision sheds some light on the scope of the “anti strikebreaker” provisions of the Labour Code (…)
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Secured or postponed: Where does the secured lender who shares?
On April 4, 2011, the Honourable Benoît Morin, speaking for the Court of Appeal, with Justices Michel Robert and Jacques A. Léger concurring, issued a judgment confirming the decision of the Superior Court rendered on April 22, 2009 by the Honourable Jean-Yves Lalonde. The case arose out of the (…)
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Resource Development: Aboriginal Issues
The combination of rising commodities prices together with the expressed intention of the Quebec government to develop the region north of the 55th parallel have sparked an increase in the number of natural resources development projects. However, businesses promoting such projects must inevitably (…)
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BILL 7 – SECTION 115 of the Act Respecting the Distribution of Financial Products and Services
On May 4, 2011, an important Bill was presented by the Minister for Finance, Mr. Alain Paquet.The effect of Bill 7, entitled An Act to amend various legislative provisions concerning the financial sector, is, among other things, to amend section 115 of the Act respecting the distribution of (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 12
Foreign Reporting : A Costly Oversight The Act Respecting the Legal Publicity of Enterprises and Limited Partnerships: We Win, We Lose... Maybe! What Should You Do When Tax Authorities Pay a Visit to Your Client? Beware of Hybrid Sales Transactions Involving Assets and Shares!