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 (…)
An overview of the restrictive interpretation given to additional mortgage in both the doctrine and case law. An additional mortgage is often added to the primary mortgage to better protect the creditor (available in French only).
Due diligence in leasing Factors examined by the Supreme Court in determining the validity of a municipal bylaw Incorporated employees face new obstacles
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 (…)
CONTENT Mortgage lenders – Duty to notify the insurer of a material change in risk Undivided co-ownership and the right of redemption Unpublished servitudes Mortgage lenders – Duty to notify the insurer of a material change in risk Louis-Martin Dubé and Ariana Lisio All fire insurance (…)
CONTENT The Breach of a Promise to Purchase - Liability of the Third Party Purchaser Entire Agreement Clauses Closed Hypothecary Loans With a Term Exceeding Five (5) Years: Legislative Change The Breach of a Promise to Purchase - Liability of the Third Party Purchaser Louis-Martin Dubé (…)
Defined Benefit Pension Plans : The Temporary Funding Relief Measures will Likely be Extended! A New Statutory Framework for Federal Not-for-profit Organizations Conversion of Debt into Shares by a Corporation in Financial Difficulty; Pay Attention to the Tax Consequences Conflicting (…)
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 (…)
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 (…)
Every day, and several times a day, we enter into contracts without knowing it or without considering and controlling their effects. This bulletin provides a brief and non-exhaustive summary to help you better understand, prepare for and monitor your contractual environment.Do you know that a (…)
Fire: The Lessee at Fault Has Full Liability!