Publications

No one should ignore the law... and section 107 of the Cannabis Regulation Act

Jannuary 2019

No one should ignore the law... and section 107 of the Cannabis Regulation Act

In a recent decision of the Régie du logement rendered on December 21, 2018 Aguilar c. Hébert, 2018 QCRDL 42318, landlords were authorized to amend an existing lease in order to include a clause prohibiting the use of cannabis in the leased premises and the common indoor and outdoor areas of the building in which the leased premises were situated.

Legalization of cannabis : measures to be taken

December 2018

No one should ignore the law...

With regards to the legalization of cannabis on October 17th, 2018 and recent changes to its regulations, all property owners and/or managers must absolutely take necessary measures to control its use in the building(s) under said-care. Furthermore, up till January 17th, 2019, it will be possible to prohibit the use of cannabis or to set limits thanks to a specific clause modifying an existing lease, regulating or even prohibiting its use in the context of a new lease.

Real estate developers, beware of the increase in monetary guarantees for projects affecting the heritage of the Ville-Marie borough

July 2018

Are you planning to restore a heritage building in the Ville-Marie borough, or to demolish it as part of a replacement project? If so, the following information is not to be taken lightly. On July 5, the Borough Council of Ville-Marie adopted, on its first reading, a project to better protect the neighborhood's heritage, which will affect developers' projects in the borough's heritage areas. The proposed changes increase the monetary guarantees imposed on developers who wish to obtain a demolition or building restoration permit.

Can a landlord evict a defaulting tenant without judicial proceedings?

June 2018

Are you a commercial property owner with assets in Quebec? Have you ever wondered what your rights and remedies are when faced with a tenant that has defaulted under its lease with you?

Can I terminate the tenant lease? Can I change the locks? Can I evict the tenant? Can I do all of these things without incurring the cost of judicial proceedings, but relying simply on the provision of my lease? It would appear that the answer to all of these questions is "YES".

Buyer beware!

May 2018

It is said that time and experience are the forerunners to caution. This couldn't be truer, especially when it comes to due diligence when acquiring an immovable property. The decision rendered by the Tribunal administratif du Québec (the "Tribunal") in Juste Investir Inc. versus the Ministère du Développement durable, de l'Environnement et de la Lutte contre les changements climatiques (the "Ministry") is a glaring illustration of this principle. 

Real estate agents beware: More is better

October 2017

With its 50 million documents and 175 years of history, the Québec Land Register is a useful tool that all real estate agents should imperatively consult, and so, more than once during the course of a transaction. This is what the Court of Québec advocated when it recently condemned a real estate agent Bruno Pelletier to compensate the buyer Martin Geoffroy due to legal hypothecs published against the property purchased from the builder Riodel Inc. In this case, the Court concluded that the real estate agent was guilty of professional misconduct by failing to conduct repeated searches in the land register thus depriving the buyer of a clear and current picture of the financial state of his future property. 

Common Sense Applied to Property Insurance Clauses in a Lease

April 2017

Aside from its general business provisions (such as the rent, term, options to renew and so on) and other clauses governing and restricting the tenant’s right to use and occupy the premises, for the most part, the remainder of a commercial real estate lease is nothing more than an orderly allocation of obligations, liability and risk between the landlord and the tenant. 

Potential major impact of upcoming triennial assessments

July 2013

This September, several municipalities across the province, including the City of Montréal, will return a new triennial assessment roll, which will apply for taxation years 2014-2016. As a property owner and taxpayer, you should find out quickly if the new legislative regime applies to your situation and how this may have a major impact on your future tax burden.

Advantages and disadvantages of arbitration clauses

May 2013

An arbitration agreement is a contract specifically contemplated in, and governed by the Civil Code of Québec, and its validity has long been recognized. This article considers the advantages and disadvantages of the principal characteristics of this type of contractual agreement.

This bulletin provides general comments on recent developments in the law. It does not constitute and should not be viewed as legal advice. No legal action should be taken on the basis of the information contained herein.

 

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