Articles

As multijurisdictional class actions become increasingly common, they raise difficult questions about the conduct of the same or similar actions in different courts, the use of scarce judicial resources, and the costs to the parties.

On September 2, the Quebec Court of Appeal rendered its decision in Micron Technology Inc. v. Hazan. The decision provides a timely reminder of the legal framework applicable to the staying of multijurisdictional class actions in Quebec.

On September 2, 2020, the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (known in French as the “REAFIE”), as well as several other regulations, was finally adopted, thus allowing for the implementation of the new environmental authorization scheme under the Environment Quality Act (the “EQA”). It should be noted that the provisions of the REAFIE will come into force on December 31, 2020.

On June 10, 2020, the Quebec Superior Court, under the pen of Justice Nicole Tremblay, rendered judgment in the case of Khalil v. Ressources Robex Inc., in which it was called upon to rule on the investigation process and the inspector’s powers as set out in the Business Corporations Act (hereinafter the “BCA”). More specifically, the Court had to rule on a request made by the applicant, Richard Khalil, to ask additional questions of the court-appointed investigator after his investigation report had been submitted.

This decision highlights the importance of anticipating situations in which it may be necessary to ask an inspector additional questions after the inspector has submitted his or her final report.

This article originally appeared in the August-September 2020 issue of Canadian Lawyer InHouse magazine.

While exclusive use clauses remain common in leases, they can no longer be drafted in the form of servitude agreements in transactions.

The Court of Appeal’s decision in Constructions Reliance Inc. (Constructions Reliance du Canada Ltée) v. Compagnie d’assurances Temple recently ruled on the interpretation of “completed operations hazard” in a wrap-up insurance policy.

Many professionals in Quebec are wondering what impact the ongoing COVID-19 crisis may have on their professional and ethical obligations. Fortunately for the public, the pandemic has not relaxed the ethical obligations of professionals who are members of an order governed by the Professional Code or members of a self-regulating professional body.