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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?

The independence of expert witnesses

November 2003

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.

Protecting a major retailer's exclusivity by servitude

March 2003

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.