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Publications

February 23rd, 2022

The roof is on fire! - The scope of the liability cap in Quebec construction law

Contractual Documents used for major construction projects typically contain limitation clauses1 (“Limitation Clauses”) that cap the value of potential claims by the project owner (“Owner”) against the professionals, contractor, design-builder, construction manager or, depending on the delivery method, the integrated project delivery team (collectively referred to hereinafter as the “Debtor”). Is the application of these clauses […]

Publications

February 14th, 2022

Disclosure of a witness’s contact information to the opposing party: a reminder of the applicable principles

On August 16, 2021, the Court of Quebec (“Court”) rendered a judgment in Unifirst Canada Ltd. c. 9766065 Canada inc., 2021 QCCQ 7946. In the context of a case management hearing, the plaintiff asked the Court that the defendant be ordered to share the contact information of a witness whom the defendant intended to call […]

Publications

February 9th, 2022

Confidentiality of documents and commercial interests in a class action: Criteria and proof on a balance of probabilities

On November 29, 2021, the Superior Court of Quebec handed down an interesting decision in Option Consommateurs c. Société des loteries du Québec (Loto-Québec)1 dealing with the preservation of confidentiality and the sealing of documents belonging to the defendant and a third party, the disclosure of which could harm their respective commercial interests. This decision is […]

Publications

December 22nd, 2021

Quebec’s 2022 Immigration Plan: Welcome flexibility for employers in the manufacturing sector

This article first appeared in French in the December 2021 issue of the Journal des Parcs industriels of the Corporation des parcs industriels du Québec (the Quebec Industrial Parks Corporation). The pandemic has not made recruiting either local or international workers easy for companies in the region.1 Many employers who initially relied on temporary foreign workers to […]

Publications

December 21st, 2021

From idea to reality: Planning a construction project from a legal perspective

This article was first published on Propulsion website, November 2021. We have all, at one time or another, witnessed the poor execution of a great idea. The first film adaptation of Frank Herbert’s masterpiece Dune, by David Lynch in 1984, is a prime example of this phenomenon—but the same thing can happen with construction projects. […]

Publications

December 15th, 2021

The Supreme Court of Canada rules to limit the powers of a copyright collective

In a decision handed down on July 30, 2021 (2021 SCC 32), the Supreme Court ruled on a dispute between a copyright collective and York University over royalties owed by the latter for the use of educational materials.