Insurance of divided co-ownerships: principal amendments to the Civil Code of Québec 

This article first appeared in French in the Winter 2020 edition of the Copropriété Plus magazine.

Did you know that several sections of the Civil Code of Québec concerning the insurance of divided co-ownerships have recently been amended or will soon be amended?

On June 13, the Québec National Assembly adopted the Act mainly to improve the regulation of the financial sector, the protection of deposits of money and the operation of financial institutions (hereinafter “Bill 141”) aimed at reforming the laws governing the financial sector. Some of the provisions regarding insurance for divided co-ownerships came into effect on July 13, 2018, while others will be phased in gradually. Bill 141 also provides for the adoption of regulations by the government to implement some of these new measures regarding divided co-ownership insurance.

Continue reading

The Coronavirus Case: Preparing for the Worst While Hoping for the Best

Since its appearance in December 2019, the media has been reporting daily on developments regarding the new coronavirus that has developed in the city of Wuhan in China. On January 27, 2020, the first case of contamination in Canada was confirmed. The World Health Organization is following developments closely, as are public health authorities in Canada. While there is no reason to panic, employers have a vested interest in preparing for an unusual situation. Although this may not necessarily be the case at this time, experts agree that the risks of a possible pandemic are very real. The following are a few thoughts to help Quebec and Canadian companies prepare for the oncoming storm.

Continue reading

The Superior Court Takes Stock of Restrictive Covenants Included in Contracts of Partnership

The Superior Court recently rendered a very relevant decision in Mazars Harel Drouin S.E.N.C.R.L. v. Plourde with respect to the interpretation and validity of a non-solicitation clause and of a penal clause included in a contract of partnership, and with respect to abuse of legal process. This decision namely clarifies the angle of analysis for restrictive covenants incorporated in contracts of partnership whereas until then there had been few instructive decisions on the matter.

Continue reading

2020: The Year of Modifications to the Canadian and Quebec Laws on Protection of Personal Information

Last December, the Prime Minister of Canada, the Right Honourable Justin Trudeau, sent a mandate letter to each of the ministers of his recently formed government.

Among the priorities stated in the letters sent to the Minister of Justice, the Minister of Innovation, Science and Industry, and the Minister of Canadian Heritage, the Prime Minister expressed his expectations regarding the implementation of Canada’s Digital Charter, the enhancement of the powers of the Privacy Commissioner and the establishment of a new set of “online” rights.

Continue reading

In the event of a loss, can the syndicate of co-owners (condominium association) sue the co-owner at fault?

This article is a modified version of a comment originally published by Éditions Yvon Blais in December 2019 (EYB2019REP2875).

A formal notice is a debtor’s last chance to make reparation for his or her fault. A creditor’s failure to deliver formal notice to a debtor may have serious consequences, including the dismissal of a claim.

In addition to the general principles governing the admissibility of a legal action, the co-ownership syndicate is required to fulfil certain specific obligations, such as the prior submission of a claim to the insurer, before commencing legal action against one of its co-owners.

Continue reading