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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

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

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, […]

Publications

August 13th, 2020

Is it possible to seek legal recourse under a pseudonym?

This article is a modified version of a commentary originally published by Éditions Yvon Blais in July 2020 (EYB2020BRH2319). When parties bring a civil suit to court, not only are their identities made public, but aspects of their private lives are sometimes laid bare. However, there are some circumstances that warrant an exception to the […]

Publications

August 10th, 2020

IIROC issues Notice 20-0063 regarding COVID-19 related exemptions from IIROC Rules

Several provincial governments have designated investment firms and their registrants as essential services during the current COVID-19 pandemic. As a result, on March 31, 2020, the Investment Industry Regulatory Organization of Canada (IIROC) released a Rules Notice concerning exemptions from Dealer Member Rules (the “Notice”). This Notice details the exemptive relief that Dealer Members can […]

Publications

August 10th, 2020

To launch, or not to launch, an internal investigation during the COVID-19 crisis: that might be a question

With the COVID-19 health crisis and its myriad of impacts on companies and their employees, operations, service providers and securities, it is reasonable to expect increasing scrutiny from regulators, government agencies and private litigants alike during and following the crisis. The current crisis also substantially increases the risk that employees, business partners, insiders and service […]