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The dark side of expropriation

July 2005

In certain circumstances, Quebec's Expropriation Law can result in a denial of justice for the owners of properties against which notices of reserve have been taken.

Corporate governance - The case of Peoples Department Stores Inc.

April 2004

Peoples Department Stores Inc. (Trustee of) v. Wise provides some breathing room for directors: it gives relief to those who act in good faith when trying to rectify problems at an insolvent company, even if their actions prove to be more hindrance than help. ''The principal question we were debating was: Is there a fiduciary duty owed to creditors of a corporation?'' says Eric Lalanne, partner at De Grandpré Chait who represented Wise Brothers. ''It took us by surprise when the court looked at the duty of care.''

Seizures before judgment: A new interpretation

January 2005

The Code of Civil Procedure (C.C.P.) provides that in the course of legal proceedings, the plaintiff may, with the authorization of a judge, seize before judgment the property of the defendant, when there is reason to fear that without this remedy the recovery of his debt may be put in jeopardy.

Anton Piller orders: a powerful tool to protect your rights

December 2004

At a time when forgeries of all kinds and the pirating of digital materials (such as CDs, DVDs and software) are an unfortunate part of the daily concerns of a large number of businesses, traditional procedural law has adapted to provide efficient means to combat these threats.

Errors in tenders: Preventing them to avoid the very worst

October 2004

Preparing a tender is a meticulous process that is not always guaranteed to bear fruit. Tight deadlines, ambiguous call for tender documents and the desire to be the lowest bidder are a few of the elements which pave the way for errors and the potential liability of the tenderer.

Brand your domain name!

September 2004

Since the arrival of the Internet, it has become more important than ever to register your trademarks in order to protect your goodwill. There are two trademarks that require protection through registration: your trade name, as well as the name of your leading products and services, and your domain name.

The Court of Appeal shuts the door on claims by contractors for lost profits

January 2004

The general legal rule in Québec is that the contract is the "law between the parties". However, where a contract for services is involved, the law allows the client to unilaterally terminate the contract if he is unhappy with the services of the contractor or service provider. Can a contractor or service provider make a claim against the client for lost profits as a result of the client's unilateral cancellation of the contract?