Publications
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Directors and Risk Management
Risk management has always been a part of an enterprise’s management profile. Historically, boards of directors did manage risk, albeit in a less systematic way.Greater emphasis has been placed on this aspect of management over the last few years. Thus, the practices which were recommended to (…)
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Change in Corporate Culture: New Expectations of the AMF for Insurer’s “Commercial Practices”
On March 11, 2011, the Autorité des marchés financiers (the “AMF”) published a draft Commercial Practices Guideline, which is available for public consultation on the website of the AMF until April 22, 2011.This Guideline constitutes a statement of principle on the expectations of the (…)
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BIA: Equity claims in proposals – A look at new section 54.1 BIA
On October 28, 2010, Justice Yves Poirier of the Quebec Superior Court rendered a decision, which enforced the application of new section 54.1 of the Bankruptcy and Insolvency Act. The case, Aliments Möpure inc. (Avis d’intention et de proposition de) (“Möpure”), addressed the (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 11
The New Act Respecting the Legal Publicity of Enterprises and Trusts New Filing Requirements for Partnerships Requests for Production of Documents by the Tax Authorities Your’re Fired!: The Impact on the Exercise of Stock Options
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Legal newsletter for business entrepreneurs and executives, Number 8
THIS EDITION OF LAVERY BUSINESS SUMMARIZES SEVERAL ASPECTS OF THE NEW BUSINESS CORPORATIONS ACT THAT CAME INTO FORCE ON FEBRUARY 14, 2011.
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Quebec in the Corporations Era
The Business Corporations Act (Quebec) (the “QBCA” or the “Act”) comes into force on February 14, 2011. Described as innovative by many, the Act provides a new regime for legal persons currently governed by Parts I and IA of the Companies Act (the “QCA”). The last (…)
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CCAA: Bet on the right horse – the “stalking horse” in Quebec
The case of the arrangement respecting White Birch Paper (the “White Birch Group”) was one of the most significant matters brought before the Commercial Division of the Superior Court of Quebec in 2010. Not only did this matter receive a lot of attention on account of its crossborder (…)
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Legal newsletter for information technology and communication industries players, Number 4
Technology Licences in the Event of Bankruptcy New Quebec Business Corporations Regime The Shareholder Agreement: The ”Specifications” of the Private Corporation Shareholder
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CCAA: The use of credit bids at an auction is scrutiniezed by Quebec Courts
In a recent decision of the Court of Appeal, the Honourable Pierre J. Dalphond confirmed that a secured creditor may use its debt to acquire the assets which are charged with its security interests in the context of a sale process monitored by the Court under the Companies’ Creditors (…)