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February 15th, 2019

Insolvency and Environmental Issues Before the Supreme Court of Canada

On January 31, 2019, the Supreme Court of Canada decided, in Orphan Well Association v. Grant Thornton Ltd., that a provincial regulator, in this case the Alberta Energy Regulator (the “AER”), can enforce end-of-life obligations with respect to oil wells, pipelines and other provincially regulated facilities belonging to a bankrupt company or its trustee in […]
Publications
January 29th, 2019

Corporate Responsibility: What Happens Abroad Doesn’t Stay There

This article originally appeared on The Lawyer’s Daily website published by LexisNexis Canada Inc. on February 15, 2018. Two recent developments portend a rapidly changing environment for Canadian companies doing business abroad.  First, the Supreme Court of Canada will soon decide whether it will hear an appeal by Nevsun Resources Ltd., a British Columbian mining […]
Publications
January 25th, 2019

Municipalities and Additional Work: Formalism Is Essential!

In a judgment rendered on January 11, 2019 (Ville de Saguenay v. Construction Unibec Inc., 2019 QCCA 38), the Quebec Court of Appeal restated the principle that a municipality acts by a resolution of its council or by adopting a bylaw, and indicated that contractors should be prudent when the scope of work pursuant to […]
Publications
January 21st, 2019

Reminder to Employers: New Labour Standards Came into Force on January 1, 2019

On June 12, 2018 Quebec’s Labour Standards Act was updated by the coming into force of an initial phase of the provisions of Bill 176, entitled An Act to amend the Act respecting labour standards and other legislative provisions mainly to facilitate family-work balance, as reported by our colleagues Marianne Plamondon and André Sasseville in […]
Publications
January 15th, 2019

The Additional Hypothec – Purpose and Scope

For several years now, in both commercial and personal financings, financial institutions and private lenders have added a clause to their loan agreements providing for an additional hypothec over and above the principal hypothec provided for in the agreement. This is now a well-established practice in Quebec.  It should first of all be noted that, […]