Articles

City of Montréal to exercise right of first refusal on 300 lots and properties in the city

Mayor Valérie Plante announced in February that the city of Montréal will claim its right of first refusal on 300 lots located in central areas of the city to develop social housing. The land and buildings covered by this pre-emptive right are located in several boroughs popular with buyers, including Côte-des-Neiges–Notre-Dame-de-Grâce, Plateau-Mont-Royal, Sud-Ouest, Ville-Marie and Verdun.

The complete list should be available in the next few weeks and notices of assessment will be sent to property owners by the city in the winter and spring of 2020.

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The Meubles Léon decision – Advertising credit: merchants, beware!

On January 20, 2020, the Court of Appeal of Quebec, in the matter of Meubles Léon ltée v. Option consommateurs, rendered an important decision in consumer protection law, particularly with respect to credit-related advertising and the strict limitations in relation thereto.

Any business advertising credit or financing options for the sale of its products and services in Québec, or offering credit as a service, should be aware of the rules set forth by the court, which may entail significant changes in how credit is advertised to consumers.

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The Disciplinary Council’s duty to assist an unrepresented party

The lack of legal representation for a defendant or witness in a disciplinary dispute can sometimes raise questions for the opposing party or for the Disciplinary Council as to the duty to assist the unrepresented party.

In Attara v. Dentistes (Ordre professionnel des), the Professions Tribunal shed light on this increasingly common problem.

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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.

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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.

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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.

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