Publications
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Changes to the obligations of a surety in the context of the restructuring of an insolvent construction company
In 2002, the Québec Court of Appeal acknowledged the importance of sureties in a dispute between a construction company and a supplier. The Court noted that the construction company's losses had been exacerbated by the withdrawal of its surety facility.More recently, the Québec Superior Court (…)
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Pensions: Good News from the Supreme Court of Canada!
In the Kerry decision rendered on August 7th, 2009, the Supreme Court of Canada confirmed that employers may oblige pension funds to pay Plan expenses, that is the expenses associated with the employment of actuaries, accountants, counsel and other service providers required for the administration (…)
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The CSST'S New Table of Maximum Consolidation Period: Whistling in the Wind!
Much has been and continues to be written about applications for cost-sharing under section 329 of An Act respecting industrial accidents and occupational diseases (the "AIAOD").The purpose of this provision, which is regularly used by employers, is to counterbalance the consequences of (…)
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Protecting your trade-marks from Facebook usernames
As of June 13, 2009, Facebook Inc. allows Facebook users to create personalized usernames for their Facebook pages on a first-come, first-served basis.
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The Court of Appeal authorizes an insurer to institute a subrogatory recourse as a preventive measure
On May 14, 2009, the Court of Appeal put an end to a controversy in the case law on the interpretation by Article 216 C.C.P. concerning the procedural means available to the insurer to protect its subrogation rights. The Court considered the following question: “Can an insurer, who is being sued by (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 4
Greater opportunities for GST/QST claims Shielding the directors of a company placed under the protection of the Companies’ Creditors Arrangement Act The value of a trade-mark: a matter of control The Export and Import Permits Act: an act too often overlooked
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The new QSSP has arrived
Introduced in 1979, the Quebec Stock Savings Plan (QSSP) was enormously successful in the 1980s, encouraging the emergence of numerous Quebec SMES. The SME Growth Stock Plan, which replaced the QSSP in 2005, achieved a more mixed success. The 2009-2010 provincial budget attempts to remedy this (…)
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Damages that result from inadequate product performance and tacit waiver of the right to assert a ground for exclusion: the Quebec Court of Appeal clarifies the situation
On September 24, 2008, the Court of Appeal reversed a decision by the Superior Court that had allowed an insured’s claim against its insurer for damages caused as a result of the removal of a product manufactured by the insured.The Court of Appeal ruled that a multi-peril civil liability (…)
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Legal newsletter for business entrepreneurs and executives, Number 1
Can an employer trim its costs by changing one element of its employees’ remuneration ? Entering the “Zone of Insolvency“ - What to do ? Ecomonic slowdown - Some concrete financing indications and how to react