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April 27th, 2017

Corporate Mergers and Hypothecs: Lenders Beware!

1. The dangers of a merger for hypothecary creditors When financing a business, a lender will want to minimize its exposure to risk by weighing a multitude of factors. In particular it will want to ensure that the borrower continues to respect certain financial ratios and provides it with sufficient security, often in the form […]
Publications
April 13th, 2017

Dismissal at the Interlocutory Stage: the Window Remains Small

In its decision in 9324-0422 Québec Inc. v. Gestion Paul Daigle Inc., 2017 QCCA 242, the Quebec Court of Appeal has reminded us that caution is in order when it comes to ruling on motions to dismiss at the interlocutory stage, even where a precedent would appear to predetermine the outcome of the proceeding.  The […]
Publications
March 9th, 2017

Managing Problem Employees: Should an Administrative or a Disciplinary Measure Be Applied?

Employers regularly have to deal with issues involving problem employees, such as persistent absenteeism, inappropriate behaviour or substandard work. Employers often have to intervene to ensure that their organizations function properly. Such interventions, which can go so far as terminating the employment relationship, are often made when taking action seems urgent or when other matters […]
Publications
March 7th, 2017

Will the Jordan Decision Have an Impact on Disciplinary Law?

Despite the efforts of the legislature and various interveners in the judicial system, major procedural delays are still prevalent in the legal system. The area of disciplinary law is no exception. In disciplinary matters the legislature has intervened progressively in stipulating the timelines for the preliminary procedural steps in files1, the trial stage2 and drafting the […]