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Publications

February 8th, 2018

The Court of Appeal Limits the Disclosure of Documents Prior to the Authorization of a Class Action Instituted Under the Securities Act

On January 29th, in the course of interlocutory proceedings in connection with a class action filed against Amaya for making false or misleading statements on the secondary market, contrary to Quebec’s Securities Act (the “Act”)1, the Court of Appeal ruled on a request for disclosure of documents prior to the authorization (certification) of the class […]

Publications

January 31st, 2018

Dawn of the ‘Super Contract’

This article first appeared on the Construction Canada website. Reducing the number of standard construction contracts Over the years, the Canadian Construction Documents Committee (CCDC) has developed and kept current a series of standard construction contracts for use across the country. Among the many such contracts standardized by CCDC, seven govern the relations between owners and prime […]

Publications

January 29th, 2018

Enforceability of a Security Deposit Against a Trustee in the Event of the Bankruptcy of a Commercial Tenant

When negotiating a commercial lease, it is in the landlord’s best interest to require that securities be provided by the prospective tenant in order to protect the landlord against the tenant’s failure to perform its obligations under the lease. A frequent cause of a tenant’s inability to perform its obligations is its insolvency or financial […]

Publications

January 25th, 2018

Are Pleadings and Exhibits Accessible to the Public in Perpetuity?

This article is a modified version of a case comment initially published in French by Éditions Yvon Blais in January 2018 (EYB2018REP2394). As a general rule, pleadings and exhibits filed into court are public in nature and can be accessed by anyone, including journalists. In exceptional cases however, it is possible to remove them from […]

Publications

January 22nd, 2018

New Developments in the Matter of Google Inc. v. Equustek Solutions Inc.

The judicial saga of Google Inc. v. Equustek, which we summarized in our August 7 bulletin1, has taken a new twist. To recap, on June 28, 20172, the Supreme Court of Canada upheld an injunction with extraterritorial effect against Google, a non-party to litigation between Equustek Solutions Inc. and Datalink Technologies Gateway Inc. In its […]

Publications

January 18th, 2018

Proposed Changes to the Provincial Environmental Impact Assessment and Review Regime

On December 13, 2017 the Quebec government published a draft regulation entitled “Environmental impact assessment and review procedure of certain projects” (the “Draft Regulation”) which is to replace the Regulation respecting environmental impact assessment and review. The Draft Regulation is a cornerstone of the implementation of the Act to amend the Environment Quality Act to […]