Publications
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Plan of Arrangement Under the CCAA or Assignment in Bankruptcy Under the BIA: Which Takes Priority?
Which group of creditors is entitled to the money held by a monitor for the purposes of carrying out a plan of arrangement under the CCCA when the debtor goes bankrupt prior to the distribution: only the creditors covered by the plan of arrangement, or all of the creditors, even those not covered by (…)
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Bill 79 Amending the Mining Act: Stimulating the Industry or Another Cause for Concern?
The Québec mining industry is currently at the forefront of discussion. We believe it is useful to sum up, for the time being, the proposed new regulatory developments for Québec’s mining industry. After briefly outlining the current mining context in Québec, we will review certain provisions (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 8
Major Relief for Non-Residents of Canada A New act on Legal Publicity Stock options Can Be advantageous, But Be Careful! Adoption of IFRS and Recent GaaP Changes: The impact on Credit agreements
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The decrease of the income replacement indemnity at 65 years of age is judged to be discriminatory by the Commission des lésions professionnelles
On March 18, 2010, administrative judge Richard Hudon of the Commission des lésions professionnelles (the "Commission") rendered a very interesting decision in the case of Côté et Traverse Rivière-du-Loup St-Siméon.The Commission had to decide whether, on November 29, 2008, the income (…)
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Beware of Punitive Damages in Consumer Law!
The Quebec Court of Appeal recently rendered a long-awaited decision in a consumer protection class action.On February 26th, the Court dismissed the main appeal and cross-appeal in Brault and Martineau Inc. vs. Riendeau for the reasons which were written by Justice Duval Hesler, which were endorsed (…)
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The Interpretation of a Progress Payment by a Bankruptcy Judge Sitting in the Province of Quebec
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. A recent Superior Court decision deals with a Progress Payment Agreement and a Master Lease Agreement between a financing company, Maximum (…)
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Q & A on New Insider Reporting Requirements
Acceleration of filing deadline for insider reports Introduction of the concept of reporting insider; and Simplification of disclosure requirements for stock-based compensation arrangements
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The Partnership and the Independent Patrimony of its Partners: the Bankruptcy of Ferme C.G.R. Enr. S.E.N.C.
On April 16, 2010, the Quebec Court of Appeal issued a judgment concerning the right of a general partnership (“S.E.N.C.”) to file for assignment under the Bankruptcy and Insolvency Act without its partners having also filed for the assignment of their assets, themselves.By responding (…)