Publications
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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 (…)
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Legal Developments for Directors and Officers in Canada dans le livre Executive Risks: A Boardroom Guide 2010/11
Over the past few years, there have been significant developments in both legislation and case law which have had an impact on corporate governance and the obligations and liabilities of directors and officers in Canada. In Canada, directors’ and officers’ statutory liability arises (…)
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Expedition Helicopters Inc. V. Honeywell Inc. – Case Comment - Published in “Insurance Law” (2011)
In Expedition Helicopters Inc. v. Honeywell Inc., a decision released on May 14, 2010, the Ontario Court of Appeal took a robust approach to the enforcement of a forum selection clause in a commercial agreement. The Court decided that if the parties agree to a particular forum for the adjudication (…)
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Legal newsletter for the health and social services network and health-care professionals, Number 1
Harmonization of Clinical Research Contracts in Quebec Recent Cases in the Quebec Court of Appeal on Authorization of Care
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 10
Limited Partners: a Closer Look at Your Liability Voluntary Disclosure: Is It Still a Worthwhile Option for Repenting Taxpayers? The Court of Appeal Recognizes the Right to Claim Legal Fees from a Defaulting Debtor The Superior Court’s Decision in Chambre des notaires du Québec v. (…)
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Can a creditor who institutes a hypothecary recourse recover "Extra-judicial professional fees...for services"? A Quebec Court rules
Since the amendments made to the Civil Code of Québec (“C.C.Q.”) in 2002, article 2762 provides that:2762. A creditor having given prior notice of the exercise of a hypothecary right is not entitled to demand any indemnity from the debtor except interest owing and costs.Notwithstanding (…)
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The Supreme Court of Canada issues its judgment in the Burke case
On October 7, 2010, the Supreme Court of Canada rendered its judgment in the Burke v. Hudson’s Bay Co. case. The Supreme Court dismissed the appeal brought by certain former employees and confirmed the judgment rendered by the Ontario Court of Appeal.
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Legal newsletter for business entrepreneurs and executives, Number 7
AVOID A $15,000 FINE FOR A FIRST OFFENCE UNDER THE ACT RESPECTING OCCUPATIONAL HEALTH AND SAFETY. KNOW YOUR RIGHTS! MANAGEMENT OF TAX-RELATED DOCUMENTS DIRECTOR AND… LIABLE