Publications

June 22, 2015

Directors’ Liability

CONTENTS Directors’ liability for payroll withholding taxes Due diligence: An evolving standard To what risks of liability or being found guilty are directors exposed? Environmental liability of directors and officers Directors’ liability for payroll withholding taxes Luc Pariseau and Audrey (…)

April 23, 2015

Site contamination: Claims for latent defects - Notice and prescription

On what grounds may a landowner who discovers soil contamination caused by an old heating oil tank sue the former owner of the property? In this bulletin we examine whether the warranty against latent defects found at Article 1726 of the Civil Code of Québec can be invoked to have the sale annulled (…)

March 16, 2015

Legal newsletter for business entrepreneurs and executives, Number 24

SUMMARY The sale of a business Getting ready to sell your business : Environmental issues   The sale of a business Valérie Boucher and Catherine Méthot During its existence, a business can be subject to one or more sales, both through the sale of its shares or its assets. Although each (…)

January 13, 2015

Vapour intrusion

In the United States, new rules will soon be taking effect making consideration of vapour intrusion risk a mandatory step in the Phase I environmental site assessment (ESA) process. Companies should review their real estate portfolios and consider whether properties may be at risk. In Canada, (…)

August 15, 2014

Hiding environmental reports: a risky business!

A recent decision of the Ontario Court of Appeal clearly illustrates the kinds of problems caused by site contamination at a shopping centre. The case should be of interest to anyone who works on commercial transactions. If there is something to be learned from this story, it is that you need to (…)

July 31, 2014

Supreme Court of Canada Ruling in Tsilhqot’in: Aboriginal Title and the Common Law

On June 26, 2014, the Supreme Court of Canada rendered a decision confirming aboriginal title to approximately five percent of the Tsilhqot’in First Nation’s traditional territory in British Columbia. This decision is very significant because it marks the first time a ruling defines aboriginal title (…)

May 1, 2014

January 1, 2015: no more filling chillers with CFCs

INTRODUCTIONQuebec regulations create numerous obligations in connection with equipment that poses a risk to the environment. Replacing PCB-containing transformers, for example, or having high-risk oil and gas equipment inspected. Regulatees may be required to file reports, maintain registers or (…)

November 1, 2013

New Fisheries Act permit rules take effect November 25th, 2013

IntroductionLast week, the federal government took a big step toward bringing the Fisheries Act (Canada) and its application into line with the federal government’s responsible resource development plan. On November 6th, 2013, the Government of Canada announced that November 25th is the date (…)

November 1, 2013

Since last October 30, it has become more difficult for non-residents to acquire agriculturally zoned lands suitable for the cultivation of the soil or the raising of livestock in Quebec

THE 1979 STATUTEIt is well known that, under the legal regime for the protection of agricultural lands, the acquisition of agriculturally zoned lands with a surface area of four hectares or more by a person not residing in Quebec is subject to the authorization of the Commission de protection des (…)

October 1, 2013

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 (…)

September 1, 2013

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 (…)

December 1, 2012

Francization – Bill No 14 amending the Charter of the French language

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. The title of this newsletter gives a good summary of the explanatory notes that serve as an introduction to Bill 14, entitled An Act to amend (…)

August 1, 2012

Carbon Market : Are you ready to take advantage of it?

As of January 1, 2013, Quebec and California will emerge as the first two Western Climate Initiative (WCI) partners to create a carbon market that imposes binding targets on businesses identified as major greenhouse gas (GHG) emitters. These new regulations are raising some concerns among the (…)