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Publications

June 22nd, 2020

Heritage Handoff Holdings, LLC v. Ronald Fontanella: the importance of fundamental representations and warranties in mergers and acquisitions

When a business is being sold, whether through a sale of shares or assets, the risks associated with the transaction can be allocated between the seller and purchaser through contractual mechanisms, such as representations and warranties. In general, it is in the purchaser’s interest that the representations and warranties from the seller be as broad […]

Publications

June 18th, 2020

Preventing visual pollution and valid constitutional limits on freedom of expression

On May 7, 2020, the Supreme Court of Canada dismissed an application by commercial advertisers wishing to appeal a September 25, 2019 ruling by the Quebec Court of Appeal,1 which upheld the City of Montréal’s (the “City”) principal appeal on the matter of the legality of a ban on billboards in the Plateau Mont-Royal (“PMR”) borough.2 Consequently, […]

Publications

June 11th, 2020

Discrimination in hiring: what level of risk should an employer assume?

Should an employer proceed with a hiring process after learning that a candidate’s disability may affect his or her ability to perform the job safely? The Quebec Court of Appeal considered this issue in CDPDJ v. Société de transport de Montréal. In this case, the Commission des droits de la personne et des droits de […]

Publications

June 10th, 2020

How to mobilize a union during difficult economic times

Introduction In this period of gradual resumption of activities amidst an ongoing pandemic, we are being asked to shift into “solution mode”. Life as we knew it has given way to a new reality that requires change and adaptation. Workplaces are no exception, as explored in our recent article, “Change management post-COVID-19”. Faced with this […]

Publications

June 4th, 2020

Bill 61: Acceleration measures for certain public projects in order to restart Quebec’s economy

This analysis pertains to the drafted bill, as it was introduced on June 3, 2020 and does not take into consideration any subsequent amendment. A complete analysis will be carried out once the bill is adopted. On March 13, 2020, the Government of Quebec declared a public health emergency and shortly thereafter, it put Quebec’s […]

Publications

June 1st, 2020

What are the applicable time limits when a promise to purchase is withdrawn?

This article is a modified version of a commentary co-authored with Me Émile Marcoux and originally published by Éditions Yvon Blais in April 2020 (EYB2020REP2929). What to do when the buyer or seller of a property withdraws after the offer to purchase has been accepted? One can pursue the matter in court to force the […]