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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 […]

Publications

January 17th, 2018

Free Internet-Service Contracts Caught up by Consumer Protection Legislation in Quebec

This Fall, the Superior Court of Quebec rendered a decision against Yahoo! Inc. and Yahoo! Canada Co. (“Yahoo!”) that exposes companies that offer free services to the application of consumer protection legislation, including the mandatory provisions of the Quebec Consumer Protection Act (“CPA”). In so doing, the Court declared inapplicable the choice of forum clauses […]

Publications

January 10th, 2018

Recent Case Law Development: Property Tax Assessment of the Structures in a Wireless Telecommunications System

This article originally appeared in the November/December 2017 issue of the Canadian Property Tax Association newsletter. On August 1, 2017, the Court of Québec, sitting in appeal of a decision of the Tribunal administratif du Québec (the “TAQ”)1, rendered an important decision concerning the property tax assessment of the components of a wireless telephony system2. […]