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Publications

September 25th, 2017

Execution of Out-of-Quebec Judgments: No Smokescreen Allowed

Summary In Povylius-Simpson v. Povylius, 2017 QCCS 2996 (appeal pending) the defendant had misappropriated the property of his incapacitated mother in Ontario. The mother’s heirs sought judicial redress and recovered the mother’s property, but needed to enforce the judgment in Quebec in order to recover a cottage located in that province. An action for recognition […]

Publications

September 15th, 2017

The Res Judicata and Stare Decisis Rules in Grievance Arbitrations: Where Do We Stand?

On August 16, 2017 the Quebec Court of Appeal denied leave to appeal from a decision of the Superior Court rendered on June 21 2017, on a motion for judicial review brought by the Collège de Valleyfield (the “College”) of an arbitral award rendered on May 25, 2015 by Arbitrator Cloutier (the “Arbitrator”). The leave […]

Publications

September 15th, 2017

Arbitration Under the Health Insurance Act: Comment on a Recent Supreme Court of Canada Decision

In a recent decision rendered by the Supreme Court of Canada (Quebec (Attorney General) v. Guérin, 2017 SCC 42), the Supreme Court had to determine whether a medical specialist could submit to arbitration, pursuant to the arbitration regime created by the Health Insurance Act (the “Act”), his contestation of a decision rendered jointly by the […]

Publications

September 12th, 2017

Is the Amount of Fees Billed by a Lawyer Protected by Lawyer-Client Privilege? The Latest Twist in the Kalogerakis Case

The issue of whether or not the amount of legal fees incurred by a party is privileged, which seem rather straightforward, has sparked a great deal of debate over the last few years, most recently before the Quebec Court of Appeal in the matter of Kalogerakis v. Commission scolaire des Patriotes1. Factual context and procedural […]

Publications

August 22nd, 2017

Purchasing an Electric Vehicle While Living in a Condominium: Be Sure to Plan Ahead!

This article first appeared in French in the Summer 2017 edition of the Copropriété Plus magazine. If you are planning on buying an electric vehicle and live in a condominium with a parking space, you will probably want to install a charging station in the building’s parking area. In order to do so however, you […]

Publications

August 18th, 2017

The First Regulations Under the Zero-Emission Vehicles Act Are About to Come into Force!

The first implementing regulations for the Act to increase the number of zero-emission motor vehicles in Québec in order to reduce greenhouse gas and other pollutant emissions (S.Q. 2016, c. 23) (the “ZEV Act”) were recently published in the Quebec’s Official Gazette. The coming into force of these regulations triggers the coming into force of […]