Articles

Is the Decision in Valard Construction Ltd v. Bird Construction Co. Really Revolutionary in Quebec?
The Supreme Court of Canada recently ruled on the obligation, whose existence and degree of intensity vary according to the circumstances, to disclose the existence of a surety bond for construction wages and materials to potential beneficiaries, pursuant to general principles of Common Law trusts and equity that do not apply, or at least not in the same way, in Quebec.
After analyzing the decision, we will review the state of the law in Quebec in this regard.

This article first appeared in French on the blog “Perspective” of the Quebec association of consulting engineering firms (AFG).
In Quebec there are two evolving and parallel legal regimes for the awarding of public contracts. One pertains to government-sector “public bodies” within the meaning of the Act respecting contracting by public bodies, and the other to municipal bodies. In March 2010 an advisory group on the awarding of municipal contracts rejected a proposal to consolidate all the applicable rules in one piece of legislation1.

Who are the beneficiaries of this type of hypothec, what kinds of work are covered by it, what is its monetary value and the time limits and conditions associated with it, and can it be validly waived?

On March 1, 2018, the Court of Québec’s Criminal and Penal Division rendered a highly anticipated judgment on charges of manslaughter and criminal negligence laid against an employer following a work-related accident resulting in a fatality. The Honourable Pierre Dupras found contractor Sylvain Fournier, owner of Excavation S. Fournier inc., guilty of manslaughter in the death of one of its employees.

The medical and recreational cannabis industry in Canada is an emerging and fast growing business sector. Competition in this field should be fierce.

Two recent developments portend a rapidly changing environment for Canadian companies doing business abroad.