Publications
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Latest developments in the Canadian infrastructures market
TABLE OF CONTENTS Latest developments in the Canadian infrastructures market British Columbia Throne Speech promises new public transportation and healthcare infrastructures InstarAGF completes the final close of InstarAGF Essential Infrastructure Fund First Action Plan for Québec’s (…)
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Latest developments in the Canadian infrastructure market / The privatization of Canadian airports: Why, how and what is at stake? / Canada Infrastructure Bank Act: highlights
TABLE OF CONTENTS Latest developments in the Canadian infrastructure market Ontario introduces a balanced budget which includes $30 billion in infrastructure investments Nova Scotia introduces its second balanced budget and increases investments in highways New LNG production (…)
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Advance Tax Credit Financing
Corporations that are in need of liquidities can, simply put, not afford to wait until the end of the fiscal year to receive payment of refundable tax credits. For this reason, some lenders offer to advance funds to eligible taxpaying corporations (hereinafter “Taxpayers”) in the form of a loan, (…)
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Failure to comply with the provisions of the Regulation respecting the application of the Consumer Protection Act dealing with notices of forfeiture of the benefit of the term
Although non-compliance with the Consumer Protection Act (the “CPA”) is generally sanctioned by the nullity of the CPA non-compliant clauses, or of the contract in its entirety, in cases involving written notices of forfeiture of the benefit of the term, the courts have sometimes decided (…)
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A wake-up call to merchants : The cost of “illegible” consumer contracts
Recently, the Court of Québec reminded merchants of their responsibility to ensure that consumers are cognizant of important contractual clauses at the time a contract is entered into. In the case of 159191 Canada inc. (Discount Location d’autos et camions) c. Waddell1, the Court had to decide (…)
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Sale by judicial authority: conflict of interest rules governing the designation of the officer entrusted with the sale
Recently, the Superior Court rendered a decision1 which clarifies the extent of the discretion a court has when asked to ratify a hypothecary creditor's recommendation to appoint an employee of its legal counsel to act as the officer of the court entrusted with the sale by judicial authority of the (…)
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Legal hypothecs for construction and the enforcement of contractual rights: The Superior Court condemns the use of the land registry as a means for intimidation
On September 21, 2012, Justice Babin of the Superior Court of Québec rendered a decision which denotes the effect of bad faith of the registrant on damages awards in the context of the unjustified publication of a legal hypothec for construction.1While the decision serves as a useful reminder that a (…)
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Hypothecary Claims, Factoring and Priorities
In a recent decision, the Superior Court ruled in favour of GE, Commercial Distribution Finance Canada ('GE') in a dispute against the National Bank of Canada ('NBC'). Both institutions had a common client, New World Zanotti Transblock Inc. ('Zanotti'), which had granted to each of them a hypothec (…)
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The Court of Appeal clarifies the legal nature of a real guarantee
Quebec law has for a long time distinguished the personal guarantor from the real guarantor: a personal guarantor is personally bound to repay a creditor should the principal debtor fail to perform its obligations; a real guarantor does no more than give some of its assets as collateral to a (…)
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The Superior Court applies restrictive interpretation to additional hypothecs
The scope of additional hypothecs was examined by the Superior Court on September 6, 2011 in the case of Banque Nationale du Canada v. Larouche.At issue in this case was whether the additional hypothec provision contained in the deed of hypothec granted by Mr. Larouche in favour of the National Bank (…)
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The Superior Court refuses to authorize a class action against a furniture and electrical household appliances giant
The Honourable Justice Louis-Paul Cullen of the Superior Court rendered a judgment on September 23, 2011 which dismissed a motion for authorization to exercise a class action instituted by Mr. Kerfalla Toure (hereinafter 'Toure') against Brault & Martineau (hereinafter 'B & M').
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What happens when a contract does not reflect what was agreed upon between the parties?
On October 28, 2011, the Quebec Court of Appeal upheld a judgment of the Superior Court allowing for clauses of a loan agreement to be modified by the Court so as to reflect the common intention of the parties after it was proved that there was a discrepancy between the real intention of the (…)
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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 (…)