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In Fact and in Law

The Supreme Court rules in Indalex: DIP lenders rank ahead of pension beneficiaries in CCAA Restructuring PDF Version
In Fact and in Law — April 2013 Jean-Yves Simard and Josée Dumoulin and François Parent
On February 1, 2013, the Supreme Court overturned a controversial decision of the Ontario Court of Appeal which granted pension...

Sale by judicial authority: conflict of interest rules governing the designation of the officer entrusted with the sale PDF Version
In Fact and in Law — April 2013 Benjamin David Gross and Étienne Guertin
Recently, the Superior Court rendered a decision which clarifies the extent of the discretion a court has when asked to...

A first concrete step in combating counterfeiting PDF Version
In Fact and in Law — April 2013 Marie-Hélène Giroux
The production and circulation of counterfeit products have been an economic and social problem for some time. Not only can...

Eric and Lola : The Supreme Court rules on the rights of de facto spouses in Quebec PDF Version
In Fact and in Law — March 2013 Caroline Harnois and Julie Brisson
It is not surprising that there has been so much discussion and debate surrounding the saga of Eric and Lola...

The Court of Appeal confirms that the policyholder and the insurer may agree to modify the provisions of a group insurance contract without consulting the participants PDF Version
In Fact and in Law — March 2013 Jean Saint-Onge and Evelyne Verrier
The decision of the Court of Appeal in the La Capitale case has been expected since February 2012 when the...

Legal hypothecs for construction and the enforcement of contractual rights: The Superior Court condemns the use of the land registry as a means for intimidation PDF Version
In Fact and in Law — January 2013 Benjamin David Gross
On September 21, 2012, Justice Babin of the Superior Court of Québec rendered a decision which denotes the effect of...

Francization – Bill No 14 amending the Charter of the French language PDF Version
In Fact and in Law — December 2012 Luc Thibaudeau
  The title of this newsletter gives a good summary of the explanatory notes that serve as an introduction to Bill...

The Metron Construction Corp. Case: Another conviction for criminal negligence in the area of occupational health and safety PDF Version
In Fact and in Law — November 2012 Élodie Brunet
Since the adoption of Bill C-45 amending certain provisions of the Criminal Code in March of 2004, employers have had...

Hypothecary Claims, Factoring and Priorities PDF Version
In Fact and in Law — November 2012 Benjamin David Gross and Étienne Guertin
In a recent decision, the Superior Court ruled in favour of GE, Commercial Distribution Finance Canada (''GE'') in a dispute...

TSX amends director election rules and proposes a majority voting requirement PDF Version
In Fact and in Law — November 2012 Geneviève Fournier
Issues surrounding the election of directors of public companies gained the attention of Canadian securities regulators in the last years...

Investment and Financial Security Advisors: Respect your clients’ goals and document your files! PDF Version
In Fact and in Law — October 2012 Dina Raphaël
Two recent decisions of the Court of Appeal remind us of the duty on investment advisors and financial security advisors...

The Court of Appeal rules on the scope of section 59 of the Labour Code with respect to a definitive business closure PDF Version
In Fact and in Law — October 2012 Michel Desrosiers
The Québec Court of Appeal rendered an important decision on the legality of termination of employment for some 190 employees...

Creditors suspected of wishing to eliminate a competitor: The Court refuses to annul their votes against a plan of arrangement PDF Version
In Fact and in Law — October 2012 Jean-Yves Simard
On May 14, 2012, the Honourable Normand Gosselin, J.S.C., ruled on an amended motion seeking the sanction of a plan...

CCAA: Is the termination of employment contracts subject to section 32 CCAA? PDF Version
In Fact and in Law — October 2012 Jean-Yves Simard
On August 30, 2011, Hart Stores Inc./Magasins Hart inc. (hereinafter ''Hart''), filed for protection under the Companies' Creditors Arrangement Act...

The Court of Appeal reiterates the admissibility in evidence of reports done in the course of administrative investigations PDF Version
In Fact and in Law — September 2012 Jacques Perron and Alexis Devroede-Languirand
In a decision rendered on July 5th, the Court of Appeal reiterates the admissibility in evidence of reports done in...

The British Columbia Court of Appeal rejects the territorial theory of Aboriginal title and dismisses the appeal by the Tsilhqot'in Nation PDF Version
In Fact and in Law — August 2012 Carolina Manganelli
On June 27, 2012 the British Columbia Court of Appeal issued its highly anticipated decision in the case William v....

The Court of Appeal clarifies the legal nature of a real guarantee PDF Version
In Fact and in Law — August 2012 Benjamin David Gross and Étienne Brassard
Quebec law has for a long time distinguished the personal guarantor from the real guarantor: a personal guarantor is personally...

Carbon Market : Are you ready to take advantage of it? PDF Version
In Fact and in Law — August 2012 Sophie Prégent
As of January 1, 2013, Quebec and California will emerge as the first two Western Climate Initiative (WCI) partners to...

The Arbitrator’s decision in the case of Centre Jeunesse de Montréal – It has the authority to set rules for proper dress, piercings, tattoos and personal appearance in the workplace PDF Version
In Fact and in Law — August 2012 Valérie Korozs
The employer, Centre jeunesse de Montréal – University Institute (hereinafter the "Centre"), adopted a dress code as well as a...

Superior Court refuses to import Indalex decision into Québec law PDF Version
In Fact and in Law — July 2012 Jean-Yves Simard
On April 20, 2012, Justice Mongeon of the Québec Superior Court rendered an important decision in the restructuring of the...

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