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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 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 […]

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 22nd, 2020

Post-COVID-19: Directors face a new set of risks in the 21st century

Some argue that the COVID-19 crisis should not have been such a sudden and significant shock, and that a global pandemic should have been on the list of foreseeable risks.1 Some governments already had relevant health measures and public policies in their tool kits, ready to deploy. This being the case, should business leaders have been […]

Publications

April 21st, 2020

CCDC contracts over 20 working days of construction site closures

On March 23, 2020, the Premier of Quebec, François Legault, announced the complete shutdown of all non-essential businesses.1 This measure, which covered most construction sites, officially came into force on March 25, 2020.2 At the time of writing, the date for the resumption of construction activities remains uncertain, except for specific residential construction sites that […]

Publications

April 20th, 2020

New rules in effect: the Regulation respecting the procedure of the Administrative Tribunal of Québec

Key contact: Sean Griffin On February 11, 2020, the new Regulation respecting the procedure of the Administrative Tribunal of Québec came into force. The main changes are as follows: I. Rules on proportionality The new Regulation establishes rules on proportionality. Section 2 stipulates that at any stage in the proceedings, the pleadings and the presentation […]