Publications
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Quebec mining royalty agreements as seen through the lense of the Quebec Court of Appeal
On August 6, 2013, the Quebec Court of Appeal rendered a very interesting decision in the case of Anglo Pacific Group plc v. Ernst & Young Inc., 9261-0690 Québec Inc., Northern Star Mining Corp. and Jake Resources Inc. This decision is interesting in several respects, but particularly because (…)
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Accidental discharges: the duty to notify
On October 17th, 2013, the Supreme Court of Canada released its long-awaited decision in Castonguay Blasting, commonly referred to as the fly-rock case. To summarize, Castonguay was doing some blasting work and rock was unexpectedly projected outside the work site, landing on someone’s (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 21
CONTENTS The Pros and Cons of Arbitration Clauses in Commercial Contracts Pirating and Using Software Without a Licence: The BSA | The Software Alliance Case Interprovincial Taxation: The Importance of Severing Residential Ties on Departure Security Under Section 427 of the Bank Act: Do the (…)
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Legal newsletter for business entrepreneurs and executives, Number 18
CONTENTS Easing the financing rules while waiting for crowdfunding Avoiding disputes by entering into a shareholders’ agreement Tenth anniversary of Bill 72 : Land protecton and rehabilitationEASING THE FINANCING RULES WHILE WAITING FOR CROWDFUNDINGJosianne BeaudryThere is no doubt (…)
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Can smoking at work justify an automatic dismissal?
In a recent arbitration award, an arbitrator assessed a company's internal policy which provided for the dismissal of any employee caught smoking at the employer's plant of on its property, even in the case of a first offence.1THE DISPUTEThe plaintiff worked at ADM Milling Co.’s flourmill for (…)
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Canadian ratification of the Convention on International Interests in Mobile Equipment and of the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment
This bulletin includes an analysis of certain provisions of the Cape Town Convention and the Aircraft Protocol that will take effect in Canada on April 1, 2013. AN OVERVIEWBy: Pierre Denis1 and Étienne Brassard2Lavery, de Billy LLP INTRODUCTIONThis Bulletin is intended as a brief overview of the (…)
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Eric and Lola : The Supreme Court rules on the rights of de facto spouses in Quebec
It is not surprising that there has been so much discussion and debate surrounding the saga of Eric and Lola in the past few years. Indeed, this litigation raises issues that directly affect a large number of Quebec couples who live in de facto unions. The legal issues raised pit two competing (…)
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Due diligence and commercial leases
Generally speaking, the acquisition of rental property requires a due diligence process that is usually focused on building and property conditions, property titles and lease analysis. During this phase, the purchaser will primarily be concerned about a possible right of first refusal to acquire (…)
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Legal newsletter for business entrepreneurs and executives, Number 15
Employment Conditions of Foreign Workers Share Ownership : an Overview Certificate of Intellectual Property Pertaining to Software
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Legal newsletter for real estate professionals, Number 5
CONTENT Property Management : When does a breach of contract become gross negligence? Ensuring the safety of citizens is a primary obligation of the state Property Management : When does a breach of contract become gross negligence? Louis-Martin Dubé On October 10, 2012, the Québec Court (…)
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Due diligence in leasing
It is fairly common and in fact recommended, to proceed with a due diligence review of a property before its acquisition. At a minimum, title to the property is confirmed through a title search review. Often times, a much more thorough review is completed. Matters such as zoning and other legal (…)
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What to do when your lessee declares bankruptcy?
A commercial lease does not end on the sole basis that the lessee declares bankruptcy; to the contrary, the Bankruptcy and Insolvency Act (“BIA”) provides that the property of the bankrupt, including the lease, is vested in the trustee. In fact, the terms of the lease are what make it possible for (…)
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The Oasis case: When juice turns to vinegar – The impact of social media on justice
Two Lassonde companies (hereinafter Lassonde), holders of the OASIS trade-mark used mainly to identify fruit juices, instituted legal proceedings against Oasis d’Olivia Inc., requesting that the Quebec Superior Court order it to stop using the OLIVIA’S OASIS trade-mark for soap, and to pay exemplary (…)