Publications
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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
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Sexual abuse and prescription: The Supreme Court intervenes in an action governed by Quebec law
On October 29, 2010, the Supreme Court rendered a very brief judgment in the case of Christensen v. Roman Catholic Archbishop of Québec and ordered the file be remanded to the Superior Court to assess the evidence in order to determine whether the civil liability action brought in the context of a (…)
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The Superior Court of Québec rules that requirements to provide documents or information under section 231.2 of the Income Tax Act are unconstitutional and of no force and effect insofar as they relate to lawyers and notaries
On April 28, 2005, the Chambre des notaires du Québec filed a petition to declare unconstitutional and of no force and effect requirements issued by the Canada Revenue Agency (CRA) under sections 231.2 and 231.7 as well as subsection 5 of section 232(1) of the Income Tax Act, R.S.C. 1985, c. 1 (5th (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Special Edition
Introduction Remedies for Minority Shareholders Streamlined Regime for Some SMEs Continuance High-low Shares Alienations Affecting Significant Business Activity New Rules Dealing with Corporate Incest Disappearance of the Accounting Test Conclusion
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The Régie and the TAQ reject adverse amendments made to a pension plan
On July 28, 2010, the Tribunal administratif du Québec confirmed a decision of the Régie des rentes du Québec which had refused to register adverse amendments made to a pension plan despite the consent given to the amendments by the sole member of the plan.
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Exclusions of work performed by the insured new interpretation and duty to defend
On September 23, 2010, the Supreme Court of Canada issued an unanimous judgment in the case of Progressive Homes Ltd. v. Lombard General Insurance Co. of Canada, reversing two lower Court judgments of British Columbia which had concluded that the insurer, Lombard, had no duty to defend the general (…)
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Class Actions : The Court says no to retirees
Last August 3, the Superior Court of Québec dismissed the motion for authorization to institute a class action filed by Mr. Michel Dell’Aniello against Vivendi Canada Inc. This decision deals with two subjects of interest, namely, unilateral changes made by an employer to the group insurance (…)
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Legal newsletter for business entrepreneurs and executives, Number 6
This publication was authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. Disclosure Rules Applicable Prior to the Sale of Additionnal Warranties Attornment of Jurisdiction Clause set Aside in Bankruptcy (…)