What you need to know — Whether you are the supplier or the client, the scope and intensity of your obligations may vary depending on the type of project and the terms and conditions of the contract for the instalment and implementation of an information technology solution, such as a software suite or a migration to a cloud-based solution.
The directors of any corporation have important duties and obligations which, in certain cases, can entail their personal liability. As in any area of human activity, allegations of fault can be made against directors, and the latter must defend themselves in order to show that the allegations are either baseless or that the director acted with due diligence.
Statutory liabilities are of a different nature. We touched on them very briefly in our article entitled “Duties and Obligations of Directors: a Brief Overview”. In this article, we will deal with them in more detail.
While construction management contracts have gained in popularity since the revision of standard contracts proposed by the Canadian Construction Documents Committee (the “CCDC”) in 2010, they have given rise to recurring questions among stakeholders in the construction industry and members of the legal community.
This article is a modified version of a case comment initially published by Éditions Yvon Blais (Thomson Reuters) in August 2018 (EYB2018REP2523).
As two recent court cases show, getting injured while clearing snow from a car does not immediately bring to mind the concept of an automobile accident. The Court of Appeal, however, in its recent decisions in Vaillancourt v. Blackburn and Hôtel Motel Manic Inc. v. Pitre, has recognized that such an injury can be characterized as an “automobile accident” within the meaning of the Automobile Insurance Act, CQLR, c. A-25 (the “Act”), thereby putting an end to a prevailing conflict in the case law.
In the most recent development in the judicial saga surrounding the decision of the Supreme Court of Canada in Google Inc. v. Equustek Solutions Inc., Google’s continuing efforts to oppose the extraterritorial scope of the injunction rendered against it by the Supreme Court of British Columbia have been thwarted (the “Canadian injunction”). This injunction was granted against Google in a counterfeit litigation involving Equustek. Google was not a party to the action, its involvement in the file being linked to its intermediary role as a search engine referring users to the defendant’s websites.
In our last article, entitled “Beyond the Duties of Care and Loyalty … the Civil Liability of Directors”, we dealt with the civil liability regime that sanctions civil faults committed by directors. When damage ensues from such a fault, the victim is entitled to claim compensation.
Statutory liabilities are of a different nature. We touched on them very briefly in our article entitled “Duties and Obligations of Directors: a Brief Overview”. In this article, we will deal with them in more detail.