Publications

February 1, 2010

A lawyer’s freedom of expression : there is a limit to what one can say

With regard to the professional obligations of a lawyer, is it possible outside the physical confines of the tribunal to let a judge know exactly what he thinks of him? Should the response be negative, does it not unduly restrain his right to freedom of expression otherwise guaranteed to all by (…)

February 1, 2008

The Role of the Chair of the Board of Directors

The role and duties of a Chair are not defined and circumscribed in incorporating statutes (federal and Quebec) except in the case of Quebec government-owned corporations and then, only in part. Boards of directors have been at the centre of the public debate on corporate governance in recent years. (…)

July 1, 2007

In-house Counsel's Obligations - Under Certain Provisions of the Code of Ethics of Advocates

The Code of ethics of advocates (R.R.Q., 1981, c. B-1, r.1) (the “Code”) applies to all lawyers inscribed on the Roll of the Order of Advocates “regardless of the context or manner in which he engages in his professional activities or the nature of his contractual relationship with (…)

March 1, 2007

When Should a Director Resign?

The title of this Newsletter was deliberately chosen to attract attention, because while very relevant, the question nevertheless receives little attention. Moreover, proper comprehension of the issue is often clouded by ignorance of the applicable rules, by conflicts of interest or by a certain (…)

September 1, 2006

Directors of Quebec non-profit organizations (NPOs)

A person who agrees to be a director of a non-profit organization should not consider his role to be a honorary one or think that his obligations are limited to giving or collecting money or providing advice to its officers. All directors have the same duties and are ultimately subject to the same (…)

December 1, 2005

The Application of Ontario's Bill 198 to Securities Class Actions in Quebec

The Application of Ontario's Bill 198 to Securities Class Actions in Quebec

June 1, 2005

Access to Medical Record - The Principle of Relevance and the Extent of Disclosure

Access to Medical Record - The Principle of Relevance and the Extent of Disclosure

March 1, 2005

Recent Developments Respecting Corporate Governance and Directors' Liability

Recent Developments Respecting Corporate Governance and Directors' Liability

November 1, 2004

Directors Duties Defined: The Supreme Court of Canada Confirms that Directors Owe No Fiduciary Duty to Creditors

Directors Duties Defined: The Supreme Court of Canada Confirms that Directors Owe No Fiduciary Duty to Creditors

November 1, 2003

Directors make mistakes (CA Magazine.com)

Directors make mistakes (CA Magazine.com)

March 1, 2003

Peoples Department Stores v. Wise: The Directors Are Not Personally Liable in Bankruptcy

Peoples Department Stores v. Wise: The Directors Are Not Personally Liable in Bankruptcy

February 1, 2003

Decision of the Quebec Court of Appeal mentioned in Ian Rose's Publication Peoples Department Stores v. Wise: The Directors Are Not Personally Liable in Bankruptcy - (Unofficial English translation)

Decision of the Quebec Court of Appeal mentioned in Ian Rose's Publication Peoples Department Stores v. Wise: The Directors Are Not Personally Liable in Bankruptcy - (Unofficial English translation)

July 1, 2001

The Importance of Directors following Proper Resignation Procedures in order to Minimize their Statutory Liability

The Importance of Directors following Proper Resignation Procedures in order to Minimize their Statutory Liability