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Publications

March 20th, 2018

Obligation to Disclose a Surety Bond to Potential Beneficiaries

Is the Decision in Valard Construction Ltd v. Bird Construction Co.1 Really Revolutionary in Quebec? The Supreme Court of Canada recently ruled on the obligation, whose existence and degree of intensity vary according to the circumstances, to disclose the existence of a surety bond for construction wages and materials to potential beneficiaries, pursuant to general principles […]

Publications

March 8th, 2018

Proposal for the Codification of the Rules Governing Public Contracts in Quebec

This article first appeared in French on the blog “Perspective” of the Quebec association of consulting engineering firms (AFG). In Quebec there are two evolving and parallel legal regimes for the awarding of public contracts. One pertains to government-sector “public bodies” within the meaning of the Act respecting contracting by public bodies, and the other […]

Publications

March 5th, 2018

The ABCs of Legal Construction Hypothecs in Quebec

Article 2726 of the Civil Code of Québec (the “CCQ”) creates a legal construction hypothec in the following terms: 2726. A legal hypothec in favour of the persons having taken part in the construction or renovation of an immovable may not charge any other immovable. It exists only in favour of the architect, engineer, supplier […]

Publications

March 2nd, 2018

Worker Safety on Construction Sites: a Contractor Found Guilty of Manslaughter

On March 1, 2018, the Court of Québec’s Criminal and Penal Division rendered a highly anticipated judgment on charges of manslaughter and criminal negligence laid against an employer following a work-related accident resulting in a fatality. The Honourable Pierre Dupras found contractor Sylvain Fournier, owner of Excavation S. Fournier inc., guilty of manslaughter in the […]

Publications

February 26th, 2018

The Importance of Intellectual Property (IP) Rights in the Emerging Cannabis Industry in Canada

Key contacts: Mylany David and Yann Canneva The medical and recreational cannabis industry in Canada is an emerging and fast growing business sector. Competition in this field should be fierce. As with most commercial endeavours, success will largely depend on the ability to distinguish one’s products and services from others, as well as the ability […]

Publications

February 23rd, 2018

A Parliamentary Committee Makes Recommendations Regarding Canada’s Anti-Spam Legislation

Following the suspension of the coming into force of the provisions creating a private right of action under Canada’s anti-spam legislation1 (“CASL”) in June 2017, the Standing Committee on Industry, Science and Technology (the “Committee”) was mandated by the House of Commons to undertake the triennial review of CASL, pursuant to section 65 of that statute. […]