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Publications

August 24th, 2018

Directors’ Liability: Get the Means to Defend Yourself!

The directors of any corporation have important duties and obligations which, in certain cases, can entail their personal liability.1 As in any area of human activity, allegations of fault can be made against directors, and the latter must defend themselves in order to show that the allegations are either baseless or that the director acted with […]

Publications

August 23rd, 2018

Demystifying Construction Management Contracts

While construction management contracts have gained in popularity since the revision of standard contracts proposed by the Canadian Construction Documents Committee (the “CCDC”) in 2010, they have given rise to recurring questions among stakeholders in the construction industry and members of the legal community. Here are the questions most frequently asked: What distinguishes the Construction […]

Publications

August 20th, 2018

An Injury Sustained While Clearing Snow off a Vehicle Is an “Automobile Accident”, the Court of Appeal Decides

This article is a modified version of a case comment initially published by Éditions Yvon Blais (Thomson Reuters) in August 2018 (EYB2018REP2523). As two recent court cases show, getting injured while clearing snow from a car does not immediately bring to mind the concept of an automobile accident. The Court of Appeal, however, in its […]

Publications

August 9th, 2018

Statutory Liabilities of Directors: Marking the Risk Areas to Avoid Sliding out of Control

In our last article, entitled “Beyond the Duties of Care and Loyalty … the Civil Liability of Directors”1, we dealt with the civil liability regime that sanctions civil faults2 committed by directors. When damage ensues from such a fault, the victim is entitled to claim compensation. Statutory liabilities are of a different nature. We touched on […]

Publications

August 9th, 2018

The Post-Loss Investigation: the Insured’s Obligation to Come Clean

The law provides that following a loss, the insured is obliged to cooperate with the insurer during the latter’s investigation, to answer its questions and to inform it of all circumstances surrounding the loss1. The law also provides that any deceitful representation by the insured entails the loss of the right to be indemnified for […]

Publications

August 9th, 2018

Unenforceability in the U.S. a Non-Starter When Google Returns to the BC Supreme Court

In the most recent development in the judicial saga surrounding the decision of the Supreme Court of Canada in Google Inc. v. Equustek Solutions Inc.,1 Google’s continuing efforts to oppose the extraterritorial scope of the injunction rendered against it by the Supreme Court of British Columbia have been thwarted (the “Canadian injunction”). This injunction was granted against Google […]