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  • Article

    Transfers Of Residences Involving A Spousal Testamentary Trust

    The sale of a house by a spousal testamentary trust and the purchase of a new residence in replacement of the former may result in adverse tax consequences if all required precautions are not taken prior to the fact.
    CanadaTax
    Lavery
    Lavery
  • Article

    Amendments Made To The Act Respecting Insurance Of Quebec To Allow Transfers Between Participating Funds And Non-Participating Funds

    On June 14, 2013, the Act respecting insurance was amended by sections 1 to 5 of An Act to amend various legislative provisions mainly concerning the financial sector.
    CanadaInsurance
    Lavery
    Lavery
  • Article

    Unpublished Servitudes

    Like all other immovable real rights which must, by law, be published (registered) to be enforceable against third parties, servitudes must be registered in the land register.
    CanadaReal Estate and Construction
    Lavery
    Lavery
  • Article

    New Consumer Protection Measures For Prepaid Credit Cards

    On October 24, 2012, the Harper government announced its intentions to enact new regulations to protect consumers who use prepaid credit cards in order to broaden their options regarding the forms of payment that best suit their needs
    CanadaConsumer Protection
    Lavery
    Lavery
  • Article

    Determining The Purchase Price Of Shares In A Shareholder Agreement: When "Quiconque" ("Any Person") Excludes The Person Who Signs*

    The Superior Court issued a surprising decision this summer concerning the determination of the value of shares in the context of a purchase under a shareholder agreement.
    CanadaCorporate/Commercial Law
    Lavery
    Lavery
  • Article

    Security Under Section 427 Of "The Bank Act": Do The Rights Of A Bank Rank Ahead Of Those Of The Holder Of A Retention Right?

    For financing its activities, a Quebec-based business may grant to a Canadian chartered bank a security under 427 of the "Bank Act".
    CanadaFinance and Banking
    Lavery
    Lavery
  • Article

    Sale Of Litigious Rights:Beware Of The Redemption Right

    A recent decision of the Superior Court reminds us that one must be prudent when the rules applicable to litigious rights may apply.
    CanadaLitigation, Mediation & Arbitration
    Lavery
    Lavery
  • Article

    Revenu Québec To Scrutinize Trusts

    The Government of Quebec recently decided to give Revenu Québec new tools.
    CanadaTax
    Lavery
    Lavery
  • Article

    Criminal Negligence: The Court Of Appeal Of Ontario Increases To $750 000 The Fine Imposed On Metron Construction Corp.

    On September 4, 2013, the Ontario Court of Appeal ordered Metron Construction Corporation to pay a fine in the amount of $750 000 for criminal negligence causing death.
    CanadaCriminal Law
    Lavery
    Lavery
  • Article

    A Wake-Up Call To Merchants : The Cost Of "Illegible" Consumer Contracts

    Recently, the Court of Québec reminded merchants of their responsibility to ensure that consumers are cognizant of important contractual clauses at the time a contract is entered into. In the case of 159191 Canada inc. (Discount Location d’autos et camions) c. Waddell1, the Court had to decide whether a clause in a two-page vehicle rental contract which excluded insurance coverage in a specific situation was valid under Québec law.
    CanadaCorporate/Commercial Law
    Lavery
    Lavery
  • Article

    Share Ownership: An Overview

    Preparing and drafting the authorized capital ("share capital" or "capital" depending on the incorporating statute) of a corporation requires a certain degree of expertise.
    CanadaCorporate/Commercial Law
    Lavery
    Lavery
  • Article

    Easing The Financing Rules While Waiting For Crowfunding

    There is no doubt that small and mediumsized enterprises and businesses in the startup phase face multiple challenges when seeking financing.
    CanadaFinance and Banking
    Lavery
    Lavery
  • Article

    Failure To Comply With The Provisions Of The Regulation Respecting The Application Of The Consumer Protection Act Dealing With Notices Of Forfeiture Of The Benefit Of The Term

    Although non-compliance with the Consumer Protection Act is generally sanctioned by the nullity of the CPA non-compliant clauses, or of the contract in its entirety, in cases involving written notices of forfeiture of the benefit of the term, the courts have sometimes decided to maintain the validity of the non-compliant notices if they were not prejudicial to the consumer’s rights.
    CanadaConsumer Protection
    Lavery
    Lavery
  • Article

    TSX Amends Director Election Rules And Proposes A Majority Voting Requirement

    In January 2011, the Ontario Securities Commission (the "OSC") published a Staff Notice advising that it was assessing whether reforms to securities laws were appropriate to facilitate individual director voting and majority voting for director elections.
    CanadaCorporate/Commercial Law
    Lavery
    Lavery
  • Article

    Labour Shortage: Revised Ratios Of Qualified Staff Members In Child Care Centres

    At a time when the pandemic is continuing to have repercussions and we are experiencing a severe labour shortage, the educational childcare...
    CanadaEmployment and HR
    Lavery
    Lavery
  • Article

    Passage Of Bill 87: A Step Towards A More Ethical Governance Of The Public Sector

    Last December 9, the Lieutenant Governor assented to Bill 87 entitled An Act to facilitate the disclosure of wrongdoings relating to public bodies, whose purpose, as the name indicates...
    CanadaGovernment, Public Sector
    Lavery
    Lavery
  • Article

    Creditors Suspected Of Wishing To Eliminate A Competitor: The Court Refuses To Annul Their Votes Against A Plan Of Arrangement

    On May 14, 2012, the Honourable Normand Gosselin, J.S.C., ruled on an amended motion seeking the sanction of a plan of arrangement concerning a debtor, Norgate Métal Inc.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Lavery
    Lavery
  • Article

    Property Management: When Does A Breach Of Contract Become Gross Negligence?

    On October 10, 2012, the Québec Court of Appeal rendered a most interesting judgment for owners and managers of commercial real estate.
    CanadaReal Estate and Construction
    Lavery
    Lavery
  • Article

    Constructive Dismissal Analyzed In The Context Of A Business Acquisition

    In the case of St-Hilaire c. Nexxlink inc.1 the Court of Appeal of Québec analyzed the concept of "constructive dismissal" in the specific context of a business acquisition.
    CanadaCorporate/Commercial Law
    Lavery
    Lavery
  • Article

    An Insurer Ordered To Pay Damages – The Court Of Appeal Intervenes

    On February 12, 2024, the Court of Appeal of Quebec handed down its decision in Société d'assurance Beneva inc. c. Bordeleau, dealing in particular...
    CanadaInsurance
    Lavery
    Lavery

Showing 81–100 of 233 results

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