Publications

November 5, 2015

On appeal from a judgment on a Wellington-type motion

The Court of Appeal of Quebec recently ruled on a leave to appeal from an interlocutory judgment dismissing a Wellington type motion seeking to order an insurer to take up the defence of its insured. The decision of the Court in Technologies CII inc. v. Société d’assurances générales Northbridge1 (…)

October 23, 2015

Advance Tax Credit Financing

Corporations that are in need of liquidities can, simply put, not afford to wait until the end of the fiscal year to receive payment of refundable tax credits. For this reason, some lenders offer to advance funds to eligible taxpaying corporations (hereinafter “Taxpayers”) in the form of a loan, (…)

September 21, 2015

Pension plans, the charter and disparity in treatment clauses the Court of Appeal issues its judgment in the Groupe Pages Jaunes case

The financial burden and the risks inherent in defined benefit supplemental pension plans sometimes weigh heavily on employers. In the last few years, many employers have taken measures and made changes in order to lower the costs related to these plans. Some employers have also decided to make (…)

September 10, 2015

The Cape Town Convention and the Evolution of the International Registry: Adapting to the Transactional Context of Aircraft Financing and Leasing

After eight years of operation, the International Registry established pursuant to the Cape Town Convention and the Aircraft Protocol (in force in Quebec since April 1, 2013) has undergone a significant update. The Registry’s website has undergone a complete overhaul in two phases, the first of (…)

August 18, 2015

The interim receiver: A “Trustee in Bankruptcy” dispensed from obtaining a clearance certificate

In a judgment rendered in the case of 9210-6905 Québec Inc. (proposal of),1 the Superior Court of Québec held that an interim receiver is not required to obtain a clearance certificate from the tax authorities before proceeding with the distribution of a debtor's property, and is not subject to (…)

July 16, 2015

Real estate developer granted injunction in dispute over flooding caused by new highway interchange

In June 2015, the Superior Court of Québec sided with a real estate developer who applied for an order requiring the Quebec Ministry of Transport (MOT) to fix a highway interchange whose construction in 2007 caused the developer’s land to be flooded 1. This article summarizes the court’s principal (…)

July 7, 2015

Bill 42 and the reorganization of the Quebec labour-related institutions

Last June 12, Bill 42, entitled « An Act to group the Commission de l’équité salariale, the Commission des normes du travail and the Commission de la santé et de la sécurité du travail and to establish the Administrative Labour Tribunal1 » (the « Loi Act to group the CÉS, the CNT and the CSST and (…)

June 29, 2015

An important decision of the Court of Appeal of Quebec changes the way the employer’s duty to accommodate applies to employment injuries

On June 15th, the Court of Appeal of Quebec, in Commission de la santé et de la sécurité du travail v. Caron,1 issued an important judgment that changes the law governing an employers’ duty to accommodate employment injuries. The Court in Caron held that it needed to intervene to harmonize the Act (…)

June 17, 2015

Bitter Bidder Better Stand?
Bloom Lake, G.P.L. (Arrangement of), 2015 QCCS 1920

In May 2010, Justice Gascon of the Superior Court of Québec issued an important decision in AbitibiBowater Inc. (Arrangement relatif à)1. The context was that of a motion for authorization of the sale of assets owned by AbitibiBowater, following the latter’s restructuring under the Companies’ (…)

June 10, 2015

In force since June 1, 2015: The Extractive Sector Transparency Meadures Act (Canada)

In keeping with trends in other jurisdictions, Canada has brought into force federal rules requiring businesses in the extractive sector to publish annual reports on payments of $100,000 or more made to governments in Canada and abroad. Payments to Aboriginal governments will be covered by these (…)

June 9, 2015

Securing debts in Quebec: Important changes to consider

On April 20, 2015, the National Assembly adopted An Act mainly to implement certain provisions of the Budget Speech of 4 June 2014 and return to a balanced budget in 2015-2016 (S.Q. 2015, c. 8). Some of the many amendments introduced by that statute (the “Act”) pertain to the securing of debts in (…)

May 6, 2015

Reminder to employers : The deadline for complying with certain regulatory provisions for safe asbestos management expires June 6, 2015

In Quebec, it is possible to find materials and products containing asbestos in civil engineering works, construction materials, facilities and equipment in all types of buildings, whether industrial, commercial, public or residential. According to various sources, the need to adopt new standards on (…)

April 27, 2015

Canadian Securities Administrators announce amendments to venture issuer requirements

The Canadian Securities Administrators (“CSA”) have announced that, on several fronts, they are implementing amendments to the disclosure requirements for venture issuers, including those listed on the TSX Venture Exchange. These amendments primarily address continuous disclosure and governance (…)