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?
Over the last few years, the increasingly complex nature of construction and the disputes arising therefrom, has led to a general trend in construction litigation where expert witnesses are called upon to support a party's case.
In a significant decision recently rendered by the Court of Appeal, the Court ruled that legal persons are not members of an insured's household.
The Québec Court of Appeal has recently rendered a crucial decision in relation to the notion of personal liability of directors and overturned the controversial decision handed down by the Honourable Justice Benjamin Greenberg in the matter of The bankruptcy of Peoples Department Store Inc.
A March 21, 2001 judgment of the Québec Court of Appeal in the case of Épiciers Unis Métro-Richelieu Inc. v. The Standard Life Assurance Company, has placed a serious doubt as to whether or not exclusivity-type protection can be validly created by means of a real servitude, or at the very least a personal servitude which will still run with the land and bind subsequent acquirers.