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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 17
The Application for Rectification by the Court Is Not a Cure for all Ills: Prevention is Better than (Attempting!) a Cure Register your Trade-marks! The Importance of Having a Detailed Power of Attorney in the Event of a Person’s Incapacity Effect of a Unanimous (…)
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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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Liability insurance, professional activities and gross fault: the Québec Court of Appeal sets the record straight
On August 2, 2012, the Court of Appeal rendered a major decision on professional liability insurance . As a result of this ruling, insureds and insurers alike should review the wording of such policies, especially gross fault exclusions and the definition of "professional activities". The (…)
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The Arbitrator’s decision in the case of Centre Jeunesse de Montréal – It has the authority to set rules for proper dress, piercings, tattoos and personal appearance in the workplace
The employer, Centre jeunesse de Montréal – University Institute (hereinafter the "Centre"), adopted a dress code as well as a piercings, tattoos and personal appearance policy for its employees (hereinafter the "Policy").Although the validity of the Policy was contested by (…)
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Carbon Market : Are you ready to take advantage of it?
As of January 1, 2013, Quebec and California will emerge as the first two Western Climate Initiative (WCI) partners to create a carbon market that imposes binding targets on businesses identified as major greenhouse gas (GHG) emitters. These new regulations are raising some concerns among the (…)
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The British Columbia Court of Appeal rejects the territorial theory of Aboriginal title and dismisses the appeal by the Tsilhqot'in Nation
On June 27, 2012 the British Columbia Court of Appeal issued its highly anticipated decision in the case William v. British Columbia. In a unanimous decision, the Court affirmed many of the trial judge’s holdings regarding the claims to Aboriginal rights and title brought by the (…)
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The Supreme Court of Canada will hear the Vivendi case
On August 9, 2012, the Supreme Court of Canada granted the application for leave to appeal filed by Vivendi Canada Inc. against the decision rendered in February 2012 by the Québec Court of Appeal. This decision authorized Mr. Michel Dell’Aniello to bring a class action against Vivendi Canada (…)
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The limits of additional mortgage
An overview of the restrictive interpretation given to additional mortgage in both the doctrine and case law. An additional mortgage is often added to the primary mortgage to better protect the creditor (available in French only).
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The British Columbia Supreme Court confirms that municipalities have no duty to consult and accommodate Aboriginal peoples
On April 4, 2012, the British Columbia Supreme Court rendered its decision in the case Neskonlith Indian Band v. Salmon Arm (City) and therein confirmed that municipalities have no duty to consult and accommodate Aboriginal peoples.
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Superior Court refuses to import Indalex decision into Québec law
On April 20, 2012, Justice Mongeon of the Québec Superior Court rendered an important decision in the restructuring of the White Birch Paper Company (“White Birch”). The judgment could have a lasting effect on CCAA jurisprudence in Québec since it deals with issues relating to the (…)
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AMF Investigations: The duty to answer an investigator and his jurisdiction to rule on objections (continued see In Fact and In Law Express, December 2012)
The Securities Act [SA] allows the Autorité des marchés financiers [the “AMF”] to order investigations to ensure compliance with the SA and to repress contraventions which may be committed. This is the context in which the Court of Appeal handed down a decision on June 22, 2012 going to (…)
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When a tree falls: The Supreme Court of Canada confirms the large and liberal interpretation that must be given to Quebec’s Automobile Insurance Act
In a unanimous decision rendered on June 22nd, the Supreme Court of Canada confirms the principles previously established by the Court of Appeal: Quebec’s Automobile Insurance Act ("Act") must be given a large and liberal interpretation. In this case, the Court confirms that the mere use of a (…)