Articles

Looking to the future: best practices and strategies for litigation and dispute resolution post-COVID-19

As our economy takes its first steps toward reopening and we look ahead to the post-COVID-19 world, many companies are grappling with the fallout of the various defaults or breaches of contract they have experienced during the crisis. While much has been written about “force majeure” and what companies should do if they are unable to meet their obligations because of the crisis, less has been said about the situation of the party on the receiving end of the default, who often suffers losses and significant set backs of their own as a result.

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Business acquisition and contract termination: a case of buyer beware

As part of the process of purchasing a business, whether through the acquisition of shares or assets, buyers would be well advised to carry out due diligence on the various legal, accounting and operational aspects of the desired business. After this verification period, buyers will have a better understanding of the risks of the transaction and can negotiate with sellers regarding mechanisms to mitigate these risks.

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Appointment of receiver and notice of exercise: will the Court of Appeal settle the controversy?

A recent judgment rendered by the Superior Court in the judicial district of Montréal is in line with the current trend in rulings regarding the appointment of receivers under the Bankruptcy and Insolvency Act, namely the requirement that the notice of exercise of a hypothecary right referred to in the Civil Code of Quebec be submitted, and the time limit specified in the notice must have expired, prior to the application to appoint a receiver.

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Trademark owners, don’t get lost in translation

This article originally appeared in the April-May 2020 issue of Canadian Lawyer InHouse magazine.

They say you never get a second chance to make a first impression. The same is true for business names and trademarks. In our globalized economy, these can take on new and unintended meanings in other markets, sometimes with damaging results.

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Supreme Court confirms that workplace safety can supersede freedom of religion

In October 2019, we reported that the Quebec Court of Appeal dismissed the application of three Sikh truckers who challenged a company policy requiring them to wear a safety helmet over their turban in certain circumstances.

This decision is now final since, on April 30, 2020, their application for leave to appeal to the Supreme Court was dismissed without reasons, as is the norm in such circumstances.

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