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Publications

April 29th, 2020

COVID-19 – April 28, 2020 update: gradual reopening of certain economic sectors

During his press briefing on April 28, 2020, Premier François Legault announced the gradual resumption of activities in certain economic sectors during the month of May. With this announcement, the Premier confirmed that three major types of businesses will be able to reopen as early as next month, according to the following schedule: retail: stores […]

Publications

April 28th, 2020

COVID-19 and CBCA companies: Supreme Court of British Columbia first Canadian court to rule on a petition seeking an extension of the delay to hold the annual general meeting

Both the short- and long-term functioning of many companies have been affected by the COVID-19 pandemic. One of the important functions being significantly affected is the preparation and holding of a company’s annual general meeting (“AGM”). The Canada Business Corporations Act (the “CBCA”) provides that companies must hold their AGMs not later than fifteen months […]

Publications

April 28th, 2020

International jurisdiction of Quebec courts in matters of contractual interpretation: the Court of Appeal rules

The Court of Appeal recently ruled on the international jurisdiction of Quebec courts to hear a dispute in light of article 3148, para. 3 of the Civil Code of Quebec ("C.C.Q.”), in the context of a dispute over the interpretation of a contract providing for the exercise of a party’s recapture rights over reinsured insurance […]

Publications

April 28th, 2020

Responding to public tenders: beware of unbalanced unit prices

In its recent decision in Municipalité de Piedmont v. Uniroc Construction Inc.1, the Quebec Court of Appeal ruled that a public sector client must reject a bid whose unit prices are unbalanced. At the same time, it reiterated that the principle of balance and equality between bidders must prevail. The facts The Municipality of Piedmont […]

Publications

April 23rd, 2020

Buyer’s responsibility in mergers & acquisitions: Superior Court clarifies the extent of a buyer's duty to inquire into a company’s financial condition

Sales at Tubes and Jujubes Family Fun Center Inc. were in decline in the months preceding the acquisition of the company's shares by the buyer; The share purchase agreement contained a warranty regarding the stability of the company's financial position since the date of its most recent financial statements; The buyer claimed $316,100 from the […]

Publications

April 23rd, 2020

The importance of initial fault for parties to a construction project

In a decision rendered on February 11, 20201, the Superior Court reiterated the principle established by the Supreme Court of Canada, that between professionals and building contractors, liability ultimately rests solely with the party responsible for the initial fault. In the present matter, a motion for dismissal was held by a building contractor against a […]