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.
In today's corporate environment, directors face numerous challenges and pitfalls. Yet, they constantly have to remind themselves of the array of statutory liabilities which await in cases of failure: personal responsibilities for unpaid wages, taxes, deductions at source and environmental issues to name a few.
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.''
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.
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.
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.
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 decision in Confédération des caisses populaires et d'économie Desjardins du Québec v. Services informatiques DecisionOne significantly tempers the understanding that a bidder was bound by his bid even if it contained an error.
With the coming into force of the Civil Code of Québec in 1994, the Legislature has codified the obligation for all parties to a contract to act in good faith. This obligation, which has given rise to an abundant jurisprudence has, until recently, rarely been applied within the context of the early termination of a contract - until now, that is.
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?