Publications
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The new QSSP has arrived
Introduced in 1979, the Quebec Stock Savings Plan (QSSP) was enormously successful in the 1980s, encouraging the emergence of numerous Quebec SMES. The SME Growth Stock Plan, which replaced the QSSP in 2005, achieved a more mixed success. The 2009-2010 provincial budget attempts to remedy this (…)
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Damages that result from inadequate product performance and tacit waiver of the right to assert a ground for exclusion: the Quebec Court of Appeal clarifies the situation
On September 24, 2008, the Court of Appeal reversed a decision by the Superior Court that had allowed an insured’s claim against its insurer for damages caused as a result of the removal of a product manufactured by the insured.The Court of Appeal ruled that a multi-peril civil liability (…)
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Legal newsletter for business entrepreneurs and executives, Number 1
Can an employer trim its costs by changing one element of its employees’ remuneration ? Entering the “Zone of Insolvency“ - What to do ? Ecomonic slowdown - Some concrete financing indications and how to react
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The Warranty of Quality did not Cover Just the Fireplace !
On April 20, 2009, the Court of Appeal issued its judgment in three related cases concerning a defect in a fireplace that caused a fire resulting in the partial loss of the building owned by Alpha’s insureds. Alpha sued the immediate seller to its insureds as well as the prior owners under the rules (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 3
It’s time to split your income The new rules for public sector contracts The Quebec tax authorities show their claws! Sales of goodwill and capital dividend accounts: watch out for the pitfalls!
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 2
Acquisition of control of a corporation… Unexpected tax consequences The corporate veil again! Resigning as a director: It’s not merely a formality! Don’t forget the deemed year-end!
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The Supreme Court of Canada lays down a new test for applying a faulty or improper design exclusion
The Supreme Court of Canada lays down a new test for applying a "faulty or improper design" exclusion
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A Fly in the Water Bottle: The Supreme Court Defines Reasonable Foreseeability in Negligence Actions
On May 22, 2008, the Supreme Court of Canada rendered its decision in a case involving the notion of reasonable foreseeability in negligence actions. This judgment, written by the Chief Justice, confirms that tort law must compensate harm done on the basis of reasonable foresight, and must not be (…)
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Maintaining a Harmonious Relationship With Your Neighbours Can Prevent Class Actions!
The Supreme Court of Canada ended a lengthy legal saga on November 20th, 2008 when it ordered St.Lawrence Cement Inc. to compensate residents of Beauport living near its cement plant. Comments on prescription, the assessment of damages and the granting of future damages.The Supreme Court's decision (…)
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New Labour Standards: Leave for Reservists, the Concept of Cohabitation and the new Advance Notice for Paternity Leave
Various changes were recently made to the Act respecting labour standards essentially applicable to the following:* the introduction of a new type of authorized leave for employees who are also reservists of the Canadian Forces;* the clarification of the concept of spousal cohabitation with regard (…)
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Neighbourhood Disturbances: The Supreme Court of Canada Rules
Neighbourhood Disturbances: The Supreme Court of Canada Rules