Publications

PFD | All publications

  • November 2017
    PFD | Labour

    Is it legal to install cameras in long-term care facilities?

    By Maxime Arcand Lawyer
    In Vigie santé vs. SQEES, section locale 298 (FTQ) (2017 QCCA 959), the Court of Appeal of Québec rendered an important ruling on the legality of a resident's family installing a camera in her room.

  • November 2017
    PFD | Business

    How important is corporate formality in business relationships?

    By Francis Chaussé Lawyer, Shane Goldman Lawyer
    A recent decision by the Supreme Court in Mennillo v. Intramodal inc. (2016 SCCC 51) raises the issue of formality in corporate law. Canada's highest court ruled that failing to meet the criteria stated in the Canada Business Corporations Act does not automatically give rise to a claim for oppression.

  • November 2017
    PFD | Municipal

    Municipalities granted new tax powers

    By Axel Fournier Lawyer
    On January 1, 2018, the new sections of the Act mainly to recognize that municipalities are local governments and to increase their autonomy and powers will come into effect, granting new tax powers to municipalities. Cryptically drafted, these new provisions merit clarification.

  • October 2017
    PFD | Environment
    Environmental authorizations

    Abolition of the requirement to provide a certificate of non-contravention of municipal bylaws

    By Sophie Prégent
    On March 23, 2017, the National Assembly of Québec adopted Bill 102, an Act to amend the Environment Quality Act to modernize the environmental authorization scheme and to amend other legislative provisions, in particular to reform the governance of the Green Fund.

  • October 2017
    PFD | Intellectual property
    Choosing a trademark

    More than just a marketing concern

    By Josée Tourangeau Lawyer
    To achieve its full value, a trademark must stand as an indicator of a single source for a product or service, in addition to being appealing. Before choosing a trademark?a name, logo or any other sign?to promote your products or service, there are several aspects to consider.

  • September 2017
    PFD | Litigation

    Airline overbooking and remedies for passengers

    By Jean-François Carrier Lawyer
    In summer, many Québecers fly to destinations around the world on holidays or a trip of a lifetime. But the dream can quickly become a nightmare when passengers cannot check in or board their flight due to overbooking: when the airline oversells seats on an airplane. We all recall the unfortunate situation encountered by a United Airlines passenger this spring and hope to never experience something similar.

  • September 2017
    PFD | Environment

    The power to withdray an environmental authorization without compensation

    By Marco Lagacé Lawyer
    In the context in which environmental protection is increasingly important and scientific knowledge is expanding rapidly, the new powers conferred to the Ministère du Développement durable, de l'Environnement et de la Lutte contre les changements climatiques and its minister could considerably impact the activities of organizations that have been issued a certificate of authorization.

  • September 2017
    PFD | Family
    DIY wills

    The simplest solutions that could cause headaches for your heirs!

    By Eloïse Pion Lawyer
    When drafting a document as important as a will, it is crucial to ensure that all formal requirements are met in order to guarantee validity. Indeed, if a will does not comply with the strict rules outlined in the Civil Code of Québec, your last wishes may never come to be and could even lead to estate litigation that will prove costly in terms of time, energy and money for your heirs.

  • June 2017
    PFD | Construction
    Be proactive

    Brief overview of pay-if-paid clauses

    By Isabelle Gingras Lawyer
    Pay-if-paid clauses are increasingly common in construction contracts. Their aim is to protect a general contractor in the case of a late payment or default by the client. Indeed, when a pay-if-paid clause is included in a contract between a general contractor and its subcontractors, the contractor avoids having to make advanced payments for the work undertaken by subcontractors until it receives payment from the client.

  • June 2017
    PFD | Intellectual property

    The Quebec Court of Appeal delivers a key ruling in private international law in relation to trademark protection

    By Marc-André Nadon Lawyer
    In a precedent setting matter, the Quebec Court of Appeal unanimously granted an appeal filed by CGAO, an import-export agricultural-equipment company based in France, and quashed a decision from the Quebec Superior Court dismissing the CGAO's Motion to Dismiss an action for lack of jurisdiction.

  • June 2017
    PFD | Communications and media
    Defamatory law

    Major victory for the right to freedom of expression

    By Marc-André Nadon Lawyer

  • May 2017
    PFD | Labour
    "In English s'il vous plaît"

    Bilingual language requirements for employment opportunities

    By
    You are an employer with an establishment in Quebec and you wish to hire someone for a position. Would it be permissible that you require from a prospective candidate, that he or she has specific knowledge of the English language? This is the central question that the Court of Appeal was faced with in Gatineau (Ville de) v. Syndicat des cols blancs de Gatineau Inc., 2016 QCCA 1596.

  • May 2017
    PFD | Family

    How a spouse's bankruptcy impacts the division of family patrimony

    By Amélie Dupras Lawyer
    On March 6, 2017, the Court of Appeal of Québec assessed the impacts of a spouse's bankruptcy on the division of family patrimony in Syndic de R.T. (2017 QCCA 362). More specifically, the Court examined whether a debt stemming from a division of family patrimony arising from a judgment of divorce constitutes a provable debt within the meaning of the Bankruptcy and Insolvency Act.

  • May 2017
    PFD | Municipal
    Call for tenders

    Minor versus major irregularities

    By Stéphanie Provost Lawyer
    Determining whether an irregularity is minor or major is critical when awarding a contract as part of a call for tenders. Indeed, tender documents generally set out eligibility conditions that must be taken into account. However, when should non-compliance with these conditions lead to the disqualification of a bid?

  • April 2017
    PFD | Labour
    Health and safety

    The CNESST's new allocation policy losing steam

    By Amélie Chouinard Lawyer
    In April 2015, the CSST - now the CNESST - adopted a policy that spelled major changes for employers with regard to cost allocation for industrial accident claims. More specifically, the new policy eliminated the option for an employer to recover the high costs incurred when an employee's occupational injury was consolidated (i.e. when an employee is recovered with no functional limitations).

  • February 2017
    PFD | Municipal

    When the creation of a conservation area disguises an expropriation

    By Samuel Beaugé-Malenfant Lawyer
    On November 7, 2016, the Court of Appeal delivered a judgment that establishes the limits of jurisdiction of cities in the creation of conservation areas.

  • February 2017
    PFD | Construction
    Hidden defects

    Can you obtain compensation when the seller is insolvent or cannot be found?

    By Jean-Philippe Desabrais Lawyer
    This very interesting question may come up for a homeowner who discovers a hidden defect.

  • January 2017
    PFD | Business

    Can a lessor be required to guarantee to a tenant that the intended use of a rented property complies with zoning bylaws?

    By Jessica Schmitt Lawyer
    In a recent ruling, the Court of Appeal was tasked with deciding the issue. The context was simple. The tenant, sought to lease the property in dispute to operate a wholesale deli meats business. The lessor was aware of the project even before the lease was signed. However, there was no clause in the lease that guaranteed that the activity was in compliance with zoning bylaws. The tenant had clearly assumed that there were no regulatory obstacles to the project.

  • December 2016
    PFD | Municipal

    Judicial review of a report by the Commission municipale du Québec and the legal representation fees of an elected municipal official

    By Stéphanie Provost Lawyer
    On April 30, 2015, the Commission municipale du Québec released a report on certain aspects of the administration of Ville de L'Assomption. The Commission municipale du Québec severely criticized the city's mayor, Mr. Jean-Claude Gingras, for behaviours it considered unreasonable, unacceptable, inadmissible and even unlawful.

  • November 2016
    PFD | Family

    Adopting a child born of a surrogate

    By Marie-Ève Dufort Lawyer, Eloïse Pion Lawyer
    Certain couples after spending years trying unsuccessfully to have a child, will eventually have recourse to a surrogate -often a friend- to help them fulfill their dream.

  • October 2016
    PFD | Construction

    The RBQ increases its licence security amounts

    By Charlotte Deslauriers-Goulet Lawyer
    The Régie du bâtiment du Québec (RBQ) recently announced that it had increased the licence security amounts, effective the 18th of September, 2016. The amount rises from $20,000 to $40,000 for general contractors and from $10,000 to $20,000 for specialized contractors.

  • October 2016
    PFD | Business

    Does market instability constitute grounds to exonerate an investment advisor from liability?

    By Marie-Sophie Marceau Lawyer
    On September 12, the Court of Appeal of Québec handed down an important decision on the liability of an investment advisor in the context of a financial crisis.

  • September 2016
    PFD | Real estate
    Do you know the rules?

    Act to bolster tobacco control

    By Isabelle Gingras Lawyer
    On May 26, 2016, sections 4, 5, and 32 of the Act to bolster tobacco control came into effect. The government's decision to ban smoking on terraces and in vehicles with children under 16 years old garnered extensive media coverage. However, the anti-smoking regulation also covers sports fields, outdoor parks for children and playgrounds, as well as the public spaces of residential buildings with over 2 units (the Act previously applied only to residential buildings with six or more units).

  • September 2016
    PFD | Litigation
    The Julie Snyder File

    A reminder regarding "Norwich" orders

    By Shane Goldman Lawyer
    On the 14th of July, 2016, the Superior Court of Quebec rendered a decision forcing Claude Viens, Groupe Sécurité Garda Inc. and Groupe Sécurité Garda s.e.n.c. (hereinafter referred to as "Garda") to reveal to Julie Snyder the identity of the person or people who were having Garda investigate her. One day later, Justice Robert M. Mainville of the Quebec Court of Appeal refused to hear an appeal of said decision (Groupe de sécurité Garda inc. c. Snyder, 2016 QCCA 1181).

  • September 2016
    PFD | Intellectual property

    The display of trademarks in Québec

    By Josée Tourangeau Lawyer
    On May 4, 2016, two draft regulations aiming to provide a framework for trademarks were published in the Gazette officielle du Québec. Adopted under the Charter of the French Language (the Charter), they constitute upcoming amendments to the current legislation.

  • May 2016
    PFD | Municipal

    A municipality cannot seek growth fees under development agreements

    By Joanne Côté Lawyer
    On March 16, 2016, in Association provinciale des constructeurs d'habitations du Québec (A.P.C.H.Q.) région de l'Outaouais inc. v. Gatineau (Ville de), 2016 QCCS 1124, the Honourable Chantal Chatelain of the Superior Court of Québec handed down a ruling on the validity of the provisions of a municipal regulation of the city of Gatineau on development agreements and the charging of growth fees.

  • April 2016
    PFD | Environment

    Projects on land claimed by indigenous peoples: undertaking discussions

    By Yvan Biron Lawyer
    Only a short distance from Québec's urban centres lies land claimed by Indigenous nations. Before planning any type of activity on claimed territory, including natural resource development projects, it is important to be aware of the potential impacts of Indigenous rights.

  • April 2016
    PFD | Business

    Requirement to file audited financial statements

    By Richard Gendron Lawyer

  • March 2016
    PFD | Municipal

    Impending legislative changes in the tourist accommodation industry

    By François Alexandre Guay
    When Bill 67 becomes effective, it will extend the scope of the obligation to obtain a classification certificate and modify the standards to grant one.

  • March 2016
    PFD | Labour

    Creation of the CNESST and ALT

    By Amélie Chouinard Lawyer
    On January 1, 2016, following the adoption and coming into effect of Bill 42, the new Commission des normes, de l'équité, de la santé et de la sécurité du travail (CNESST) was created with the merger of three organizations.

  • February 2016
    PFD | Insurance

    Physician assisted death: how far have we come?

    By Annie-Claude Ménard, François Alexandre Guay
    Since it was passed on June 5, 2014, the Act respecting end-of-life care has been the subject of extensive media focus and much debate. In Québec, the courts were recently called upon to consider the constitutionality of certain articles set out in the Act. And in a ruling in February 2015, the Supreme Court of Canada handed down a decision in a British Columbia case on the constitutionality of the prohibitions pertaining to physician-assisted death in the Criminal Code. In light of these developments, it is important to take stock of the distance covered thus far.

  • February 2016
    PFD | Family

    Family mediation and participatory justice

    By Amélie Dupras Lawyer
    The new Code of Civil Procedure, which came into effect on January 1, 2016, undertakes a sweeping reform of the justice system and brings private and voluntary conflict resolution processes to the fore. In fact, the Code significantly amends the rules surrounding family mediation.

  • February 2016


  • January 2016

    Québec's new code of civil procedure spells major changes

    By Genevieve Forget Lawyer, Frédéric Savard-Scott
    Québec's new Code of Civil Procedure will come into effect on January 1, 2016. The Code is an important tool for lawyers since it sets out the rules that apply in the province's courts of law: the Court of Québec, the Superior Court and the Court of Appeal. More specifically, the Code addresses a series of procedural aspects, including court deadlines, the jurisdiction of the courts based on the type of action and the amounts involved, the process from the time an action is brought and up to the trial, the conduct of the hearing itself and the practices to communicate and file court documents.

  • January 2016
    PFD | Litigation

    Disputes between tenants: When should a landlord intervene?

    By Pascal Comeau Lawyer
    In residential and commercial leases, a tenant's behaviour may become a source of frustration for others and lead to complaints pertaining to excess noise, parking rights, cleanliness, signage and a myriad of other reasons. When faced with the grievances of unhappy tenants, a building owner must quickly take action to stop the unruly tenant's behaviour. In fact, under the Civil Code of Québec, a landlord has an obligation to provide lessees with peaceable enjoyment of the property. In other words, the landlord must ensure that none of the tenants become a nuisance to the others.

  • January 2016
    PFD | Real estate

    Hidden defects: The ABCs of liability

    By Charlotte Deslauriers-Goulet Lawyer
    While the purchase of a new home often holds the promise of happy memories, a hidden defect can unfortunately mark the beginning of a series of disappointments and doubts than may lead a buyer to take the seller to court. The seller of a property must guarantee to the purchaser that the premises are free of any hidden defects. Should a defect arise, the buyer may take action against the seller and possibly also against any previous sellers. Depending on the circumstances and conditions set out in the sales contract, a claim may seek the cancellation of the sale or a reduction in the selling price. In addition, in cases in which the seller was aware of the defect or could not have ignored it, he or she may be required to repair the consequences in addition to refunding the purchase price.

  • December 2015
    PFD | Family

    Testamentary substitution: an important tool to pass on your estate

    By Marie-Sophie Marceau Lawyer
    With the prevalence of stepfamilies, drawing up a will and expressing final wishes may prove challenging for some. Leaving assets to a partner who is not your child's parent can raise many questions. Once your assets are transferred to your spouse, they may slip through your children's fingers.

  • December 2015
    PFD | Litigation

    The Court of Appeal of Québec raises the importance of freedom of expression in matters of public interest

    By Marc-André Nadon Lawyer
    Freedom of expression and the right to one's reputation are guaranteed under the Canadian and Québec charters of rights. In the age of social media and web revolution, while expressing opinions and criticisms that are harsh, negative or indelicate may be appealing, it is certainly not without any risk. Recently, the Human Rights Tribunal heard a complaint filed by Jérémy Gabriel against Mike Ward. In fact, many people vehemently denounced the comments made by Ward and the serious damages suffered by Gabriel whereas others defended the humorist and the right to freedom of expression and satire. In another case that captured the province's attention, Eddy Savoie, the wealthy owner of Résidences Soleil retirement homes, was forced to pay nearly $300 000 in moral and punitive damages and legal fees to the daughter of a former resident whom he tried to sue for defamation (Savoie v. Thériault-Martel, 2015 QCCA 591). Then, in another case, the City of Sainte-Marthe-sur-le-Lac was ordered by the Superior Court to pay approximately $ 1.9 million to an engineering firm that it had unjustly accused of misappropriation of funds and fraud, including amounts for moral damages that exceeded the previously established threshold set out by the Quebec Court of Appeal for moral damages arising of corporate defamation (RB consultants inc. v. Ste-Marthe- sur- le-Lac (City of), 2015 QCCS 3824 ) .

  • December 2015
    PFD | Intellectual property

    Trade-mark opposition proceedings: the importance of producing rigorous evidence before the Trademarks Opposition Board

    By Marc-André Nadon Lawyer
    In the opposition Foxmind Canada Enterprises Ltd. v. F2Z Entertainment Inc., 2015 TMOB 183, PFD represented F2Z Entertainment Inc. (F2Z), whose application to register the trademark FILOSOFIA & DESIGN was opposed by Foxmind Canada Enterprises Ltd. (Foxmind). On October 6, 2015, the Trademarks Opposition Board (TMOB) upheld F2Z's arguments regarding the inadmissibility of the evidence presented by Foxmind and dismissed Foxmind's opposition.

  • December 2015
    PFD | Insurance


  • November 2015
    PFD | Business

    Important reminder: To avoid dissolution, you must continue your company created under Part I of the Companies Act by February 13, 2016

    By Francis Chaussé Lawyer
    February 14, 2016, will mark the fifth anniversary of the coming into force of the Business Corporations Act (hereinafter, the “Act”), which replaced the Companies Act and provides corporations in Québec with a system of law that is better suited to their needs.

  • November 2015
    PFD | Construction

    THE IMPORTANCE OF HOLDBACKS FOR SUBCONTRACTORS

    By Audrey Chevrette Lawyer
    In construction, contracts between work providers and general contractors include holdback provisions for subcontractors based on the principle of stipulation for another under article 1444 of the Civil Code of Québec. In Compagnie d'assurances Jevco v. Québec (Procureure générale), 2015 QCCA 1034, the Court of Appeal recently reiterated the work provider's obligation to apply the holdback provisions since failing to do so could result in liability.

  • November 2015
    PFD | Municipal

    The starting point of prescription: An issue of facts

    By Stéphanie Provost Lawyer
    On September 11, 2015, in Bolduc v. Ville de Lévis (2015 QCCA 1428), the Court of Appeal addressed the issue of the starting point of the six-month prescription period provided in article 586 of the Cities and Towns Act.The appellant owns land on which he built his home. When the home was being built, the appellant was not aware that the property was located in a zone in which construction was restricted under a municipal by-law.

  • October 2015
    PFD | Business

    The importance of a sound price adjustment clause

    By Marc-André Perreault
    Particular attention should be paid to transactions between family members and those involving a company and its controlling shareholders since certain tax mechanisms could lead to negative consequences for these taxpayers.

  • October 2015
    PFD | Business

    FACEBOOK ORDERED TO PROVIDE THE NAMES OF THE AUTHORS OF DEFAMATORY PAGES

    By Jean-François Mallette Lawyer
    Unfortunately, insults and defamation have been running rampant in recent years, especially in light of the sense of impunity of certain online contributors who hide behind anonymity or an online persona to slander and discredit their victims.

  • October 2015
    PFD | Family

    Election promises and family law: Universal Child Care Benefit (UCCB)

    By Eloïse Pion Lawyer
    In January, the Conservative government amended the family support program by increasing the Universal Child Care Benefit (UCCB) and abolishing the child tax credit for children under the age of 18.The UCCB now provides $160 per month per child under the age of six and $60 per month per child between the ages of 6 and 18. However, since the UCCB is a taxable benefit (except for families that earn less than $20 000 annually), much of the amount will be paid back as income tax.

  • September 2015
    PFD | Real estate

    Condo life, building bylaws and the limits of individual freedoms

    By François Laplante Lawyer
    There are many advantages to living in a condominium: the proximity of shops and services, shared common areas such as a pool or terrace and the little upkeep required as compared to a single-family home.

  • September 2015
    PFD | Real estate

    Rental property owners: Your tenant's illegal activities could lead to the seizure of your building

    By Alexandre McCormack
    The government recently seized a rental property that was being used for drug trafficking. In Directeur des poursuites criminelles et pénales (hereinafter, "DPCP") v. Rogers 2015 QCCQ 3321, a building was seized from its owner under the Controlled Drugs and Substances Act (hereinafter, "Act").

  • September 2015
    PFD | Labour

    Employees and work injuries: Employers must comply with their duty to accommodate under the Québec Charter

    By Marc Mancini
    On July 15, the Court of Appeal of Québec rendered an important ruling on the obligation of the Commission de la santé et de la sécurité du travail (hereinafter, "CSST") and the Commission des lésions professionnelles (hereinafter, "CLP") to evaluate an employer's duty to accommodate within the context of an employee's right to return to work under the Québec Charter. (CSST c. Caron, 2015 QCCA 1048 (C.A.))

  • July 2015
    PFD | Insurance


  • June 2015
    PFD | Business

    Choosing a name for your new business

    By Marie-Pier Parent
    It isn't always easy to choose a name for a business. Naming your new baby is much simpler than naming your new venture since, unlike your child's name, the company name must comply with several laws and regulations.

  • June 2015
    PFD | Real estate

    Long-term contracts for new condo projects and the contract period

    By Isabelle Gingras Lawyer
    When a new real estate project is launched, the developer that owns most of the units controls the project syndicate.

  • May 2015
    PFD | Finance

    May a Merchant Impose its credit card chargeback fees onto its clients?

    By Neda Esmailzadeh
    We have recently received a high volume of questions concerning a merchant's ability to impose its credit card chargeback fees onto its clients. Most agreements with credit card companies require payment of credit card fees (an average between 1.5% and 3%). These fees may vary depending on the type of credit card used for such transaction (i.e. Platinum, Travel, etc.).

  • May 2015
    PFD | Insurance

    Sport activities and risk acceptance

    By Genevieve Forget Lawyer
    Sport activities involve a certain level of risk that athletes (and enthusiasts) are expected to be aware of and accept. However, this does not mean that a person who is injured while practising a sport has no recourse against a third party.

  • April 2015
    PFD | Family

    Separated parents: Plan your holidays!

    By Marie-Ève Dufort Lawyer
    If you plan to take your minor child abroad on holidays this summer, be sure to plan ahead! In order to allow a minor child to travel internationally, several countries require the written consent of the parents. Also, all minor children must have their own passports. In Canada, these documents must be presented upon re-entry.

  • April 2015
    PFD | Construction

    Is a delayed notice of defect in matters of latent defects fatal to the recourse?

    By Jean-Philippe Desabrais Lawyer
    When the notice of a defect is delayed, the seller must demonstrate that the delay caused a prejudice, such as the aggravation of the defect since the time of its discovery and notice.

  • April 2015
    PFD | Municipal

    The consensual cancellation of a deed of sale constitutes a transfer and therefore subject to transfer duties

    By Joanne Côté Lawyer
    In his ruling in 9191-3004 Québec inc. v. Ville de Repentigny (2014 QCCS 6147) on December 16, 2014, the Hon. Clément Trudel of the Superior Court of Québec stated that transfer duties were applicable upon the sale of a property as well as upon the consensual cancellation of a sale.

  • April 2015


  • March 2015

    Inequity and serious injury do not necessarily constitute abuse

    By Pascal Comeau Lawyer
    It is very important to update your shareholders agreement on a regular basis to ensure that it evolves at the same pace as your business.

  • March 2015

    Court rules that French is still too fragile

    By Marie-Sophie Marceau Lawyer
    In a lengthy, 69-page ruling rendered on January 28, Justice Salvatore Mascia of the Court of Québec confirmed that the provincial government and courts remain justified in their efforts to protect the French language.

  • February 2015
    PFD | Labour

    Absence from work and Facebook: When an employee's Facebook status is incompatible with an absence from work due to illness

    By Amélie Chouinard Lawyer
    An employee presents you with a medical certificate for a two-week sick leave due to a back sprain. Though this unplanned absence wreaks havoc on your operational planning, you are understanding and encourage your employee to rest and get back on his feet.But to your surprise, you realize that, while on leave, the employee is updating his Facebook status and posting photos that suggest that his back injury may not be as serious as he claimed. He has betrayed your trust.What should you do?

  • February 2015


  • January 2015

    Police authorized to conduct cell phone searches subject to certain conditions

    By Annie Charron
    Following the armed robbery of a merchant, the thieves fled with a bag of jewellery in a car that was later found by police. Kevin Fearon and his accomplice were arrested. During a pat down search incident to arrest, the officer found a cell phone in Fearon's pocket. Police searched the cell phone and found a text message along with photos, including one of the handgun used in the robbery.The Court was tasked with determining whether the text message and photos found in the cell phone could be introduced legally as evidence.

  • January 2015

    The importance of notices in construction contracts

    By Kathleen Désorcy Lawyer
    In Projets V.G. inc. vs. Groupe Lessard inc., the Superior Court of Québec dismissed a subcontractor's claim in the amount of $120 000 for monies owing under the contract and additional work, and confirmed the general contractor's right to terminate the contract with the subcontractor. Indeed, the Court ordered the subcontractor to pay $38 000 to the General contractor for incomplete and defective work.

  • December 2014
    PFD | Insurance

    Should a policyholder who disagrees with an insurer's decision to deny coverage still proceed with emergency repair work?

    By Annie-Claude Ménard
    The Court of Appeal of Québec recently addressed the issue in Lebel v. 9067-1959 Québec inc. (2014 QCCA 1309).

  • December 2014
    PFD | Real estate

    The obligation of good faith and commercial leases

    By Neda Esmailzadeh
    A recent decision by the Superior Court of Québec underscores the importance of the obligation of good faith which governs all aspects of the contractual relations between parties.

  • December 2014
    PFD | Insurance


  • November 2014

    Expenditure threshold lowered to $5M

    By Stéphanie Provost Lawyer
    The Act respecting contracting by public bodies determines the conditions applicable to contracts between public bodies and contractors. In 2012, it was significantly modified by the Integrity in Public Contracts Act.

  • November 2014

    The new legislative provisions of An Act respecting the legal publicity of enterprises do not necessarily entail new legal obligations for trustees

    By Marie-Pier Parent
    As trustee of a trust constituted in Québec, you may have received a letter this summer from the Registraire des entreprises du Québec (REQ) to advise you of the new measures pertaining to the registration of trusts constituted in Québec. Below is an overview of the more important provisions which you should consider.

  • October 2014
    PFD | Intellectual property

    The Charter of the French Language and the display of trademarks in Québec: a renewed debate

    By Josée Tourangeau Lawyer
    Does a storefront trademark made up exclusively of words in a language other than French violate the Charter of the French Language? Can the Office québécois de la langue française legally require a brand to include generic French terms? In other words, is it necessary to add French words to a trademark to identify the type of business in order to comply with the Charter of the French Language?

  • October 2014
    PFD | Family

    Child Support Recalculation Service (SARPA) comes into effect

    By Marie-Ève Dufort Lawyer, Eloïse Pion Lawyer
    On April 1, 2014, Québec's new child support recalculation service, (SARPA), which is administered by the Commission des services juridiques, came into effect. The SARPA makes it possible for parents to recalculate determined child support payments without having to return to court.

  • September 2014

    What works are subject to an Act respecting labour relations, vocational training and workforce management in the construction industry and its regulations?

    By Jean-Philippe Desabrais Lawyer
    Are you a contractor or sub-contractor seeking to fulfill a contract? Are you unsure about whether your employees must hold specific competency cards or whether the work is subject to the Act respecting labour relations, vocational training and workforce management in the construction industry (Act R-20) and its regulations?

  • September 2014

    Take the right steps to purchase a business

    Did you know that there are many entrepreneurs who are just waiting for someone to take over their businesses? In fact, purchasing an existing company may make more sense than starting a new business. Have we piqued your curiosity? Do you want to learn more about taking over a business?

  • September 2014
    PFD | Insurance


  • June 2014

    Voluntary Retirement Savings Plans Act

    By Marie B. Deschamps
    The Voluntary Retirement Savings Plans Act (the Act) will come into effect on July 1, 2014. As of the 1st of July, all employers with an establishment in Quebec and which employs at least five eligible employees must offer a voluntary retirement savings plan (VRSP) to their employees.

  • June 2014

    Canada's Anti-Spam Law

    By Richard Gendron Lawyer
    Most of the provisions of Canada's Anti-Spam Law (CASL) will come into effect on July 1, 2014. CASL is under federal jurisdiction and therefore applies across Canada. It covers those who send out commercial electronic messages (CEMs), alter transmission data and create and install computer programs.

  • June 2014

    My employee went to work for the competition. What recourse do I have?

    By Isabelle Gingras Lawyer
    For most businesses, the clientele is their most important asset. Therefore, it can be very worrisome when a key employee leaves the business to work for a competitor and takes the client list along with him.

  • June 2014

    The jurisdiction of the Commission des relations du travail and the non-renewal of a municipal management employee's contract

    By Joanne Côté Lawyer
    On May 5, 2014, the Court of Appeal of Québec ended a legal battle initiated in 2006 over the non-renewal of a clerk's employment contract with the city of Montréal.

  • June 2014


  • May 2014

    A few tips on what to do when you receive your tax assessment

    By Geneviève Arsenault
    If you haven't already, you should be filing your income tax return in the next few days, and your tax assessment should arrive soon after. Under section 93.1.1 of the Tax Administration Act, a taxpayer may object to an assessment for a valid reason.

  • May 2014

    The importance of a thorough non-competition clause

    By Pascal Comeau Lawyer
    Acquiring a business involves several risks, including unfair competition by the seller. Ensuring that the agreement for the sale of a business contains the appropriate provisions is not sufficient: these clauses must be properly drafted.

  • April 2014


  • April 2014

    Fraud-vitiated consent to sex constitutes a lack of consent

    By Annie Charron
    On March 7, 2014, the Supreme Court of Canada ruled in the Hutchinson case (2014 SCC 19), upholding Craig Jaret Hutchinson's conviction and 18-month jail sentence.

  • April 2014

    Are you incorporated according to Part II of the Canada Corporations Act?

    By Francis Chaussé Lawyer

  • March 2014

    Your debtor's financial difficulties do not constitute a sufficient ground

    By Alexandre McCormack
    A seizure before judgment requires a leave of the Court to seize a party's assets before any proceedings are filed against them. However, a seizure before judgment is an exceptional measure that is only granted in very specific cases.

  • March 2014

    Contract of Sale or Contract of Enterprise?

    By Caroline Lavoie Lawyer
    In a recent ruling, the Court of Appeal of Québec reiterated the basic principles to qualify a contract for the sale of a future asset.

  • February 2014

    The obligation to disclose any aggravation of risk in insurance

    By Genevieve Forget Lawyer
    When entering into an insurance contract, the policyholder must disclose any circumstances which could influence the insurer's acceptance of risk. The policyholder must not only answer the questions which are asked but also, in a spontaneous manner, declare what a reasonable person would consider to be information that the insurer would want to know. Are the policyholder's obligations with respect to declaration of risk over once the insurance contract has been concluded?

  • February 2014

    Legal risk prevention and management

    By Richard Gendron Lawyer
    As a corporate administrator or manager, you will benefit from assessing your legal risks and ensuring that certain steps are taken to minimize your exposure. One such step is to review the legal framework that your business has implemented and consider the circumstances which could lead to claims or losses.

  • January 2014

    Resolve to keep your limited company records up to date in 2014

    By Francis Chaussé Lawyer
    Unfortunately, in our practice, we've noticed that few companies keep their records up to date. Some don't keep books at all even though companies are required to do so by law and penalties for non-compliance have been implemented.

  • December 2013

    Child support does not necessarily stop at the age of majority

    By Eloïse Pion Lawyer
    At the age of 18, your child can vote, purchase alcohol and go to bars. But your son or daughter could still remain your dependent for a few more years!

  • December 2013

    Rights acquired with the issuing of a building permit and the application of an architectural implementation and integration plan regulation

    By Joanne Côté Lawyer
    On August 1, 2013, the Court of Appeal determined whether a real estate developer could claim rights acquired prior to an amendment to a municipal regulation due to the simple fact that the company had requested approval for an architectural implementation and integration plan (plan d'implantation et d'intégration architecturale (PIIA)) but not a building permit.

  • December 2013
    PFD | Insurance


  • November 2013

    A mayor temporarily relieved of his duties

    By Geneviève Arsenault
    On August 29, 2013, the Superior Court of Québec received a first claim under the Act to provide for the provisional relief from office of an elected municipal officer, which amends the Act respecting elections and referendums in municipalities.

  • November 2013

    Car theft: A post-incident investigation leads to criminal charges

    By Annie-Claude Ménard
    The Court of Appeal recently ruled in favour of a policyholder who was refused coverage by his insurance company, which believed he had stolen his own vehicle.

  • October 2013

    Surety rights and the project owner

    By Kathleen Désorcy Lawyer

  • October 2013

    Amendments to the regulation respecting waste water disposal systems for isolated dwellings

    By Stéphanie Provost Lawyer

  • September 2013

    Civil penalties for abusive claims

    By Neda Esmailzadeh
    This case reiterates the principle that parties should demonstrate diligence and good faith when exercising their rights. Otherwise, they risk penalities by the court for abusive behaviour.

  • September 2013

    Consider registering your trademark

    By Josée Tourangeau Lawyer
    Whether it is a name or a logo or comes in any other form, your trademark is what distinguishes the merchandise or services you commercialize from all the others on the market. In Canada and the United States, trademark registration is optional. Those who use a trademark may still assert their rights even if the trademark is not registered. Still, registration has many benefits.

  • September 2013
    PFD | Insurance


  • June 2013

    The economic interest of the general contractor

    By Jean-Philippe Desabrais Lawyer
    In a recent ruling, a general contractor, based on its own economic interest, secured the cancellation of the legal hypothec of one of its sub-contractors.

  • June 2013

    Resignation and constructive dismissal

    By Marie B. Deschamps
    In De Montigny v. Valeurs mobilières Desjardins inc. (2013 QCCA 600), the Court of Appeal recently reiterated that a resignation remains free and voluntary, even when tendered in an effort to obtain a wage increase.

  • May 2013
    PFD | Family

    Extended period for retroactive support and new obligations for sharing financial information

    New provisions of the Act to promote access to justice in family matters came into effect on June 15, 2012, extending the period for retroactive applications for support and outlining new obligations in terms of financial information sharing between spouses.

  • May 2013

    The certificate of authorization required under the environment quality act is not mandatory for residential buildings

    By Mathieu Quenneville Lawyer, Geneviève Arsenault
    Recently, the Court of Appeal ruled on the interpretation of article 22 of the Environment Quality Act, which prohibits all construction projects that could impact the environment without the prior authorization of the Ministère du Développement durable, de l'Environnement et des Parcs

  • April 2013

    The importance of a written contract

    By Pascal Comeau Lawyer
    A recent decision of the Superior Court of Québec recalls the importance of always putting an agreement in writing in order to protect the parties' rights and prove the existence and content of the agreement.

  • April 2013

    The Supreme Court of Canada rules on criteria to determine the territorial jurisdiction of courts

    By Robert Faguy Lawyer
    The Supreme Court of Canada recently set out certain rules governing the jurisdiction of courts to determine the judicial district in which a party must file suit when a dispute involves several jurisdictions.

  • April 2013


  • March 2013

    When a father belatedly learns that he is not the biological father...

    By Marie-Ève Dufort Lawyer
    A recent decision generated quite a buzz and got a lot of people talking across Québec when a father of four children ages 12 to 16 years old was ordered to pay alimony for each of the children even though DNA tests revealed that he is the biological father of only one of them.

  • March 2013

    Honesty is the best policy when it comes to insurance

    By Marie-Ève Henrichon
    Article 2408 of the Civil Code of Québec stipulates that, when acquiring insurance, the policyholder must disclose all the facts that are likely to influence the insurer's appraisal of risk. Failure to mention crucial information could result in the insurer's refusal to pay in the event of loss or damage.

  • March 2013

    The buy-sell agreement, a preventative measure to consider

    By Marie-Sophie Marceau Lawyer
    The buy-sell agreement (commonly known as a “shotgun clause”) is a contract by which one party pledges to another not to conclude a covenant with a third party without having first offered the other the same deed under the same conditions or according to the conditions stipulated in the provision. It is therefore a right of preference, should, for example, an individual decide to sell a property.

  • March 2013


  • February 2013

    A rate increase clause may not be belatedly invoked

    By Pascal Comeau Lawyer
    It is always best to seek legal counsel before waiving or suspending a contract clause. In fact, it is possible to contractually provide for the retroactivity of a clause under certain conditions...

  • February 2013

    Two-year wait for a building permit

    By Marie B. Deschamps
    The construction of a vehicular access to enclaved properties led to a dispute between the town of Barkmere and two of its residents. The Court of Appeal recently rendered a decision...

  • January 2013

    Employment contracts and service contracts

    By Marie-Pier Parent

  • January 2013

    Grandparents and grandchildren

    By Étienne Ruel Lawyer

  • January 2013

    Why not!

    By Josée Tourangeau Lawyer

  • January 2013


  • December 2012

    Details on the notice of motion with regards to urban planning

    By Joanne Côté Lawyer
    In certain circumstances, under the Act respecting land use planning and development (hereinafter the Act), as soon as a notice of motion is filed, local municipalities may prohibit certain uses, structures or subdivisions that would not be allowed if the by-law that is the subject of the notice of motion were adopted...

  • December 2012

    Labour and material payment bonds

    By Sylvain Lallier
    There are several guarantees and protection mechanisms available to construction industry stakeholders. Clients, general contractors, subcontractors and materials suppliers may take advantage of these guarantees...

  • November 2012

    Municipalities and cultural heritage

    By Daniel Goupil Lawyer
    On October 19th, the Cultural Heritage Act replaced the Cultural Property Act, which had been in effect since 1972...

  • November 2012

    Intoxication and responsibility of the hosts

    By Annie-Claude Ménard
    A couple invited a friend to their new house, where the friend suffered serious injuries while driving an all-terrain vehicle (ATV) under the influence of drugs and alcohol. Can the couple be held responsible?

  • November 2012
    PFD | Insurance


  • October 2012

    No indemnity for the innocent beneficiaries

    By Frédéric Savard-Scott, Marie-Ève Henrichon
    Sadly, family tragedies have made headlines in recent years. But how are life insurance policies handled in such cases?

  • October 2012

    Move Over law and two-way radio use (CB or Mike) while driving

    By Stéphanie Provost Lawyer
    Informations on bill 57 (Move Over law and Two-way radio use (CB or Mike) while driving.

  • September 2012

    Dissolving a business: administrators take note!

    By Kathleen Désorcy Lawyer
    On March 1, 2012, in its ruling in Hardy v. Maçonnerie T.A. inc., the Superior Court of Québec found the administrator of a business that was voluntarily dissolved to be personally liable for the damages caused by faulty masonry work carried out by the company.

  • September 2012
    PFD | Insurance


  • July 2012
    PFD | Insurance


  • June 2012

    Determining child support based on retained earnings

    By Étienne Ruel Lawyer
    On November 8, 2011, the Honourable Claudette Picard, S.C.J., ordered a father to pay $679/month in child support to the mother of his two children. To determine the amount of the payments, Justice Picard had to establish the father's income. She therefore considered his employment income, which amounted to $51 157, and the net profits of his company, which added up to $119 484, bringing the father's total income to $187 617. An appeal was filed.

  • June 2012

    Mandatory reporting to Health Canada

    By Alexandre Lebeau Lawyer
    The Canada Consumer Product Safety Act (CCPSA), which aims to protect the health and safety of Canadians by addressing the dangers of consumer products, came into effect on June 21, 2011.

  • May 2012

    Trademark applications: Never provide false or inaccurate information

    By Josée Tourangeau Lawyer
    A trademark registration may prove invalid if the information provided in the application process is inaccurate. A trademark registration certificate does not create rights for the holder but rather confirms them.

  • May 2012
    PFD | Insurance


  • April 2012

    Wear your seatbelt... But fasten it properly and don't add any fancy gizmos!

    By Annie Charron
    Section 396 of the Highway Safety Code stipulates that "Every person, except a child referred to in section 397, must, while in a moving road vehicle, wear, properly fastened, the seat belt with which his seat is equipped."

  • April 2012

    Québec introduces tougher sanctions for environmental protection

    By Neda Esmailzadeh
    In an effort to reinforce compliance, the Environment Quality Act (EQA) was recently amended to include harsher sanctions.

  • March 2012
    PFD | Family

    Consult before you consent!

    When spouses divorce and a party requests spousal support, it is in the best interest of both persons involved to consult with a legal advisor. In fact, in its ruling in L.M.P. v. L.S., 2011 SCC 64, the Supreme Court of Canada highlighted the importance of seeking expert advice before signing a consent.

  • March 2012

    Effective and affordable protection

    By Francis Chaussé Lawyer
    Doing business can sometimes come with legal woes, including lawsuits and bankruptcies. But there are ways to minimize the impacts of unfortunate events and protect your earnings. The personal trust is an increasingly popular tool.

  • February 2012

    It's not over yet!

    By Suzanne Fortin, Julie Lavoie Lawyer
    On Wednesday, January 18, Me Suzanne Fortin of PFD attended the hearings in Eric v. Lola before the nation's highest court, the Supreme Court of Canada.

  • February 2012

    Is your deposit a preferential payment?

    By Louis Morency Lawyer
    Can a deposit paid as part of a service contract by a business that later goes bankrupt be considered a preferential payment under the Bankruptcy and Insolvency Act?In the case of Limtech Carbonate inc. (Syndic de), 2011 QCCS 1477 (CanLII), the Court ruled that it could.

  • February 2012
    PFD | Insurance


  • January 2012

    Can work carried out for speculative purposes lead to a legal construction hypothec?

    By André Morin Lawyer
    Excavation contractors and especially firms that carry out earthwork and levelling must therefore be aware of the context in which their services are engaged.

  • January 2012

    Get a copy of the bond!

    By Etienne L. Morin Lawyer
    A. Électrique inc. has just been awarded the largest contract in its history from general contractor Miserly Construction. Upon signing the contract, Miserly insisted on including a clause by which André waived his right to file a legal construction hypothec in exchange for a bond guaranteeing the material and labour provided by A. Électrique inc. Thrilled with the new contract, André neglected to obtain a copy of the bond when signing the contract...

  • December 2011
    PFD | Health
    FOLLOW UP - HEALTH AND SAFETY

    AOHS penalties for corporations do not apply to partnerships

    By Amélie Chouinard Lawyer
    The Honourable Joanne St-Gelais of the Superior Court confirmed that the penal provisions set out for corporations in sections 236 and 237 of the Act respecting Occupational health and safety (AOHS) do not apply to partnerships (limited and general partnerships).

  • December 2011

    Reforms slated for the Code of Civil Procedure

    By Patrick Choquette
    To lessen the length and costs of legal proceedings and in an effort to foster more settlements, the draft bill supports the increased involvement of judges, who will be included in the process from the very beginning to ensure that the parties consider all dispute resolution options (i.e. mediation, negotiation, arbitration).

  • November 2011

    Publishing a commercial lease

    By Richard Gendron Lawyer
    In the event that the commercial building in which you rent business premises is sold, is your lease protected? Will the new owner have to fulfill the terms and conditions set out in the lease until it expires?

  • November 2011
    NEW LEGISLATION

    Canada Consumer Product Safety Act (CCPSA)

    By Alexandre McCormack
    Manufacturers, importers, distributors and retailers, take note! This past June, a new bill that could affect your business came into force: the Canada Consumer Product Safety Act (CCPSA). Here is an overview of the CCPSA, which aims to protect the public from the possible human health and safety risks of consumer products.

  • November 2011
    PFD | Insurance


  • October 2011
    PFD | Municipal
    NEW MUNICIPAL LEGISLATION

    Regulation respecting construction contracts of municipal bodies

    In amending the Act respecting contracting by public bodies on June 8th, the legislator added another string to its bow by setting out means to regulate the granting of construction contracts by municipal bodies.

  • September 2011
    DIVORCED SINGLE MOTHERS

    Have they been historically discriminated against?

    A group of single women who receive alimony payments for their children under provincial guidelines recently learned that they would receive much higher amounts under federal rules. The women therefore sought legal recourse for the application of federal child support guidelines in their cases.

  • September 2011
    PFD | Insurance


  • June 2011

    Guarantor obligations once a business is sold

    By
    To what extent is an individual who guarantees the obligations of his/her business responsible for the business' debts after the business is sold?

  • June 2011
    PFD | Construction
    IMPORTANT NOTICE FOR ALL BUILDING MATERIALS SUPPLIERS AND CONSTRUCTION CONTRACTORS

    New municipal contract allocation rules

    By Daniel Goupil Lawyer
    Businesses that enter into contracts with cities and municipalities should be aware of the new municipal market rules that came into effect a few months ago.

  • June 2011
    PFD | Insurance

    Regardless of the terms of the policy, underinsurance may lead to an indemnity that is lower than the actual value of the damages

    By Annie-Claude Ménard
    When taking out a new owner-occupant home insurance plan to cover building losses, it is important to properly assess the aggregate value of the building. In fact, an appraisal that is lower than the building's actual value may lead to unfortunate consequences for the building owner, regardless of the terms of the insurance policy.

  • May 2011

    Business is business - Especially when dealing with creditors

    By Francis Chaussé Lawyer
    One of the distinct advantages of incorporation is the protection provided against eventual creditors. But there are certain basic rules of business that must be followed in order to benefit from this protection.

  • May 2011
    BLUE-GREEN ALGAE BLOOMS

    A hidden defect?

    By
    In recent years, a number of Québec municipalities have had to tackle the issue of cyanobacteria in lakes. In several cases, the government had to intervene, prohibiting swimming and water consumption.

  • April 2011

    Words matter!

    By Pascal Comeau Lawyer
    A recent decision by the Superior Court of Québec ordered a union and two of its representatives (the defendants) to pay out $10 000 to a plaintiff for defamation.

  • April 2011
    PFD | Municipal

    Recognizing the jurisdiction of local municipalities to implement by-laws for the restoration of lake and river shorelines

    By Joanne Côté Lawyer
    In recent years, many of Québec's local municipalities have adopted by-laws to restore the shorelines of lakes and rivers, prohibiting riparian land owners and occupants from cutting down the vegetation growing in a 10-metre strip (more or less) along the shoreline and requiring that shorelines be restored by planting shrub and tree species.

  • April 2011
    PFD | Business
    NEW LEGISLATION FOR THE BUSINESS SECTOR

    The Business Corporations Act

    By Stéphanie Provost Lawyer, Marc D'Aoust, Alexandre Lebeau Lawyer
    On February 14, the Business Corporations Act came into effect, superseding certain parts of the Companies Act. Below is an overview of some of the changes.

  • April 2011
    HIDDEN DEFECTS

    Selling at the purchaser's own risk: Yes, but

    By Isabelle Gingras Lawyer
    To avoid an eventual hidden defects claim, a non-professional seller may limit his or her responsibility by selling goods without a legal warranty at the purchaser's own risk.

  • April 2011
    PFD | Family
    ÉRIC V. LOLA

    ÉRIC V. LOLA - The debate rages on

    By Julie Lavoie Lawyer
    Following the decision of the Québec Court of Appeal in the Éric v. Lola case last fall, the government of Québec decided to bring the matter before the Supreme Court of Canada.

  • April 2011
    PFD | Insurance


  • March 2011

    The limited powers of municipal judges

    By Albert Prévost Lawyer
    Municipalities seeking orders for unsanitary conditions or nuisances pertaining to an immovable must therefore refer to Québec Superior Court, since Municipal Court judges may only render orders pertaining to movables (e.g. waste) and impose fines.

  • March 2011
    PFD | Labour

    Occupational absenteeism and dismissal

    By
    When an employee is often absent, the employer may conclude that the absences negatively impact the employee's performance. But it is not always easy for an employer to determine whether it has the right to dismiss an employee.

  • March 2011
    PFD | Insurance


  • February 2011
    PFD | Family
    PASSPORT SUSPENSIONS

    An effective sanction against alimony arrears

    By Marie-Ève Dufort Lawyer
    The government of Canada passed the Family Orders and Agreements Enforcement Assistance Act to help the provinces carry out alimony orders against individuals who are repeatedly in default.

  • February 2011
    PFD | Insurance
    KEY CLAUSES IN INSURANCE CONTRACTS

    Warranties

    By Frédéric Savard-Scott
    The Québec Court of Appeal confirmed a Superior Court ruling that insurance policyholders must meet the commitments to which they subscribe in their contracts.

  • January 2011
    THE REGISTER OF PERSONAL AND MOVABLE REAL RIGHTS

    A fallible tool

    By Marie-Sophie Marceau Lawyer
    The Register of personal and movable real rights is a provincial catalogue that helps users determine whether movable property items, including road vehicles, are free of debt or have been given as security.

  • January 2011
    PFD | Insurance


  • December 2010
    THE NEW REAL ESTATE BROKERAGE ACT

    Substance over style

    By Patrick Choquette
    The new Real Estate Brokerage Act came into effect on May 1, 2010, with a series of seven regulations.

  • December 2010
    REDUCING YOUR CSST CONTRIBUTIONS

    Disabled workers and workers with personal conditions

    By Amélie Chouinard Lawyer
    However, the Act respecting industrial accidents and occupational diseases sets out certain situations in which the employer is not obligated to defray, in whole or in part, the cost of an industrial accident.

  • December 2010
    ACT RESPECTING OCCUPATIONAL HEALTH AND SAFETY

    A limited partnership is not a body corporate under this act

    By Alexandre McCormack
    Is a limited partnership subject to the penalties applicable to a body corporate under the Act respecting occupational health and safety?

  • December 2010
    PFD | Municipal
    MUNICIPALITIES CONTRACT

    The municipalities must implement management policies

    By Stéphane Sansfaçon
    With the allegations and accusations brought to light by the media in recent months against certain municipalities, two laws were passed earlier this year, requiring that towns implement measures to help reduce...

  • November 2010
    PFD | Construction
    CONTRACTORS AND MATERIALS PROVIDERS

    Keep the resolutory clause in mind

    By Etienne L. Morin Lawyer
    Uses your services to construct a building on land.

  • November 2010
    SETTLING DISPUTES

    Mediation or court?

    By Richard Gendron Lawyer
    Are the dispute-resolution clauses calling for negotiation, mediation or arbitration before launching proceedings of a mandatory nature?

  • November 2010
    PFD | Family
    BREAKING NEWS!!

    A historic ruling in the Éric v. Lola saga

    On Wednesday, November 3, 2010, the Court of Appeal of Québec ruled in the controversial Éric v. Lola case. This ruling is far-reaching and transforms the rights of common law partners in Québec.

  • October 2010
    BUSINESS LEASES

    Renewal options

    By Alexandre Lebeau Lawyer
    Despite the terms renewal option, in this type of clause, the option is, in fact, fictitious.

  • October 2010
    PFD | Family
    FAMILY

    Can a 14-year-old petition the court to change a custody agreement?

    By Étienne Ruel Lawyer
    A 14-year-old seeking to modify his parents' custody agreement. The teenager asked to be placed in the sole custody of his mother instead of the shared custody he had been in for the past three years.

  • September 2010
    PFD | Labour
    ACT RESPECTING LABOUR

    A reminder regarding senior managerial positions as stipulated in the Act respecting labour standards

    By Suzy Chouinard Lawyer
    The individuals who hold management positions in the organizational structure of a business or association are specifically excluded from the application of the Act.

  • September 2010
    CRIMINAL CODE

    Should the police knock before entering?

    By Annie Charron
    The issue does not involve politeness but rather a power under the Criminal Code

  • September 2010
    PFD | Insurance


  • June 2010
    PFD | Family
    CHILD SUPPORT

    The contribution of a new common law spouse

    By Marie-Ève Dufort Lawyer
    The contribution of a new common law spouse should not be taken into account when determining child support for children born of a previous relationship.

  • June 2010
    BUILDING AND RENOVATING WITH FRIENDS

    Who is responsible if someone is injured?

    By Annie-Claude Ménard
    Friends and family voluntarily met up at the appellant's home to help reroof his house. No one had any particular experience in renovations or construction.

  • June 2010
    CONDOS

    Claiming legal fees against a co-owner

    By Jean-François Mallette Lawyer
    In a recent decision, the Québec Superior Court shed new light on the reimbursement of certain expenses incurred by a syndicate.

  • May 2010
    EXTRACONTRACTUALLY LIABLE

    Extracontractually liable respect to a third party when carrying out a mandate

    By Genevieve Forget Lawyer
    The professional may be ordered to pay damages to the third party affected by the poor execution of the mandate and even sued.

  • May 2010
    BUSINESS PRACTICES

    Minimum resale price: prohibited

    By André Rochon Lawyer
    Retailers are often required by suppliers to sell their products at minimum retail prices set by the suppliers themselves.

  • May 2010
    CELL PHONES BEHIND THE WHEEL

    CELL PHONES BEHIND THE WHEEL - No... but not on all roads!

    It is prohibited to use a hand-held telephone device while operating a road vehicle.

  • May 2010
    PFD | Insurance


  • April 2010
    PFD | Municipal
    MUNICIPAL RESPONSIBILITY

    Unwarranted refusal to issue a permit

    By Albert Prévost Lawyer
    After some hesitation, a municipal officer confirmed that the construction of a residence for persons with physical and intellectual disabilities in a residential zone of the municipality was permitted under municipal regulations.

  • April 2010
    PAY EQUITY ACT

    Impacts on business buying and selling

    By Pascal Comeau Lawyer
    As of December 31, 2010, all private, public and parapublic sector businesses with at least 10 employees or which have had at least ten employees, with exceptions, must comply with the Pay Equity Act.

  • April 2010
    RECORDS ACCESS

    A municipality is not obligated to provide building compliance notices

    By Joanne Côté Lawyer
    The plaintiff was seeking to obtain the excerpts of the zoning, building and land subdivision regulations that were in effect and applicable when a building permit was granted to a neighbour in 2006.

  • March 2010
    TAXATION

    Business Corporations Act

    By Nancy Perrault Paralegal
    Overview of Bill 63, the Business Corporations Act, which is set to replace the Québec Companies Act.

  • March 2010
    LABOUR LAW

    The employment termination notice and compensation

    By Patrick Choquette
    The Court of Appeal rendered an important decision clarifying the impacts of the employment termination notice and severance payments.

  • February 2010
    CONSUMER PROTECTION ACT

    An unexpected Christmas gift

    By
    The Consumer Protection Act was passed, granting more power to consumers, especially with regards to wireless services.

  • January 2010
    WINTER SPORTS

    Play it safe!

    By Frédéric Savard-Scott, Annie-Claude Ménard
    The skier sued the snowboarder for damages.

  • January 2010
    SALE

    Sale without legal warranty

    By Pascal Comeau Lawyer
    Many sellers think they can take advantage of the exception by adding the words “sold without legal warranty” to the bill of sale.

  • January 2010
    PFD | Family
    FAMILY LAW

    2009 Retrospective


  • December 2009
    FACEBOOK

    Your friends aren't the only ones online

    By Patrick Choquette
    Facebook users who were surprised to discover that information they posted on their personal page had been viewed by others and used to their detriment.

  • December 2009
    HEALTH AND SAFETY

    Contractors and subcontractors

    By Amélie Chouinard Lawyer
    The new penalties for health and safety violations could cost you up to $300,000!

  • November 2009
    COMPANIES ACT

    Important reforms

    By Richard Gendron Lawyer
    The new law introduces major innovations for directors, shareholders and SMEs.

  • October 2009
    PFD | Family
    FAMOUS DECISION

    The Lola vs Eric saga: Take 1!

    By Étienne Ruel Lawyer
    She asked for support payments of $56,000 a month for herself, and a lump sum payment of $50,000,000 based on the division of family patrimony under the regime of partnership of acquests.

  • October 2009
    BANKRUPTCY AND INSOLVENCY

    An overview of recent amendments

    By Jean-Sébastien Michaud
    The Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act have recently been changed and the modifications will have a significant impact on bankruptcy proceedings.

  • October 2009
    PFD | Insurance


  • September 2009
    A WARNING

    Cheques marked "final payment"

    By Alexandre Lebeau Lawyer
    If he or she cashes the cheque without protesting, he or she may create a presumption that he or she has accepted the offer tendered by what the debtor means of the cheque and has agreed to terminate the claim or legal dispute.

  • September 2009
    HIGHWAY SAFETY CODE

    "Using" a cell phone while driving

    By Annie Charron
    New provisions into force prohibiting the use of any hand-held device that includes a telephone function, while driving a road vehicle.

  • September 2009
    PFD | Insurance


  • June 2009
    PFD | Insurance

    Warranty against latent defects

    A seller in good faith must assume an important obligation.

  • June 2009
    IMPORTANT DECISION ISSUED

    L'Ordre des arpenteurs-géomètres du Québec wins case against the Commission de la Construction du Québec

    By Sylvain Lallier
    Land surveyors are a duly constituted profession and cannot be obliged to comply with an Act Respecting Labour Relations in the Construction Industry (Bill R-20) in order to work on a construction site.

  • June 2009
    PFD | Family

    Common-law spouses and family patrimony : important developments!

    Can common-law spouses have contractually agreed to a given patrimony regime, exclude some of its rules, such as renouncing to the division of the family patrimony before there is a judgment of divorce or separation, if they have clearly expressed the will to do so?

  • May 2009
    Human Ressources

    PSYCHOLOGICAL HARASSMENT IN THE WORKPLACE: IT'S NO LAUGHING MATTER

    By Félix Rochon
    It is in every employer's interest to establish an anti-harassment policy and make sure that it is enforced.

  • April 2009

    WHO HOLDS THE INSURED INTEREST IN A LEASE CONTRACT RECEIVABLE ?

    By André Ramier Lawyer
    Finance lessors should ensure an insurance clause is included in the leases they approve.

  • April 2009
    PFD | Insurance


  • March 2009
    INVITATIONS TO TENDER

    Pay attention to the terms for execution!

    By Albert Prévost Lawyer
    Act carefully when preparing documents for calls to tender, particularly with regard to establishing terms for execution.

  • March 2009
    BUSINESS

    Use reasonable care when purchasing assets from a company.

    By Pascal Comeau Lawyer
    Buyers must be very careful when purchasing assets from a company [...]

  • March 2009
    PFD | Insurance


  • February 2009
    ENVIRONMENTAL MATTERS

    The Superior Court specifies the extent of municipal powers in environmental matters

    By Daniel Goupil Lawyer
    The issue at stake was to determine if the municipal bylaw regulating boat access to watercourses interfered with federal jurisdiction in navigation in a way that would invalidate the municipal regulation.

  • February 2009
    PFD | Municipal
    ACCESS TO DOCUMENTS AND MUNICIPALITIES

    Recent Developments

    By Joanne Côté Lawyer
    In the past few months, the Commission d'accès à l'information rendered several decisions of interest regarding documents held by municipalities in the exercise of their functions.

  • January 2009
    A SINGLE EXPERT

    PILOT PROJECT

    By Richard Gendron Lawyer
    The Barreau du Québec, the Barreau de Laval, the Superior Court and the Court of Quebec just implemented an agreement to test the effectiveness of using a single expert report.

  • January 2009
    UNPAID SUPPLIERS

    EXERCISE YOUR RIGHT TO REPOSSESS!

    By Alexandre McCormack
    What recourse does an unpaid supplier have when a purchaser declares bankruptcy?

  • January 2009
    REASONABLE ACCOMMODATION

    EMPLOYERS MUST ENSURE FULL CONSIDERATION IN THEIR ANALYSIS

    By Étienne Morin Lawyer, Natale Screnci
    The employer's duty to respect the obligation of reasonable accommodation.