Articles

To be or not to be… in accordance

How should a “required quality” clause that identifies a specific brand of product be interpreted – as a performance specification or as a specific-product requirement?

Does a subcontractor have to make an equivalency request when its own brand of product is not the one specified?

Does a general contractor have to take into account information exchanged by subcontractors after it receives their bids?

These are all questions that are answered in the Court of Québec’s decision in Constructions Gagné & Fils v. Contrôles A.C. inc. which deals with the obligations of the parties in the context of public calls for tenders

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Surfing the Internet – Users Must be Vigilant and Prudent

On July 18, 2013, in the matter of Lachapelle c. Bell Canada1, Justice Émery of the Superior Court of Quebec dismissed on the merits a class action brought on behalf of all the subscribers to an internet service offered by Bell Canada (“Bell”) via telephone modem and who were required to assume all costs related to the hijacking of their modem.

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Canadian National Railway Co. v. McKercher LLP

The Supreme Court of Canada has finally spoken in the matter of Canadian National Railway Co. v. McKercher LLP, 2013 SCC 39. Legal practitioners have been waiting for light to be shed on the issue of the potential for a conflict of interest in a situation where a lawyer sues a current client in an unrelated matter. The Court’s reasoning will allow lawyers to better identify the components of the duty of loyalty, but stops short of providing them with the precise answer they may be seeking.

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Class Actions and the Securities Act

The Québec Court of Appeal has confirmed the right to appeal from a decision authorizing the institution of an action in damages under the Securities Act in the context of a proposed class action.

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Negotiating and Drafting Commercial Contracts in Québec – the Pre-Contractual Obligation to Act and Negotiate in Good Faith

In Québec, every person has a legal obligation to exercise its civil rights in good faith. This obligation obviously applies to rights arising from actual contractual relationships but what about the exercise of one’s rights and one’s conduct during the pre-contractual and negotiation period, when each party is attempting to get the best possible deal?

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