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Publications

October 5th, 2020

Should I stay or should I go…? The decision in Micron Technology Inc. and the suspension of multijurisdictional class actions

As multijurisdictional class actions become increasingly common, they raise difficult questions about the conduct of the same or similar actions in different courts, the use of scarce judicial resources, and the costs to the parties. On September 2, the Quebec Court of Appeal rendered its decision in Micron Technology Inc. v. Hazan.1 The decision provides a […]

Publications

September 23rd, 2020

A further step towards the modernization of Quebec’s environmental authorization regime

On September 2, 2020, the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (known in French as the “REAFIE”), as well as several other regulations, was finally adopted, thus allowing for the implementation of the new environmental authorization scheme under the Environment Quality Act (the “EQA”). It should […]

Publications

September 21st, 2020

Investigations under the Business Corporations Act and their findings: No backtracking, according to the Superior Court

On June 10, 2020, the Quebec Superior Court, under the pen of Justice Nicole Tremblay, rendered judgment in the case of Khalil v. Ressources Robex Inc.,1 in which it was called upon to rule on the investigation process and the inspector’s powers as set out in the Business Corporations Act (hereinafter the “BCA”).2 More specifically, the Court […]

Publications

September 18th, 2020

Completed operations hazard coverage in a wrap-up policy

The Court of Appeal’s decision in Constructions Reliance Inc. (Constructions Reliance du Canada Ltée) v. Compagnie d’assurances Temple1 recently ruled on the interpretation of “completed operations hazard” in a wrap-up insurance policy. Wrap-up insurance is frequently obtained in large construction projects to cover the civil liability of the various parties involved, including the general contractor, subcontractors […]

Publications

September 18th, 2020

Real estate transactions: exclusive use servitudes deemed invalid

Key contact: Vincent Tremblay This article originally appeared in the August-September 2020 issue of Canadian Lawyer InHouse magazine. While exclusive use clauses remain common in leases, they can no longer be drafted in the form of servitude agreements in transactions. In April 2020, in the case of Société immobilière Duguay Inc. v. 547264 Ontario Limited1, the […]

Publications

August 24th, 2020

What is the impact of the COVID-19 crisis on your professional and ethical obligations?

Many professionals in Quebec are wondering what impact the ongoing COVID-19 crisis may have on their professional and ethical obligations. Fortunately for the public, the pandemic has not relaxed the ethical obligations of professionals who are members of an order governed by the Professional Code1 or members of a self-regulating professional body. Generally speaking, all professionals, […]