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The syndic's power of inquiry

October 2012

Imagine that the syndic of your professional order contacts you and requires you to send him information and documents pertaining to an inquiry that he is conducting about you. You need to know the level of cooperation required of you, how the syndic will conduct his inquiry and the implications of that inquiry. This is a crucial stage that could have repercussions for you professionally.

Shareholder loans without interest or specific terms of repayment recognized by the Court of Appeal

October 2012

In a landmark decision of the Québec Court of Appeal in the matter of the Bankruptcy of Doorcorp Installations Inc., a common sense  approach was reintroduced in determining whether money advanced by a shareholder to a company should be treated as a regular unsecured claim or be deferred and ceded priority to other unsecured creditors when it came to the distribution of proceeds of liquidation of a bankrupt company. 

Franchises: Experience the concept before signing

June 2012

The resounding success of several types of franchises, and in particular fast-food franchises, continues to spark the interest of entrepreneurs and financial institutions. The franchise concept also meets several criteria of people who want to start up a business with little experience.

The mediator's toolkit of questions

February 2012

Lawyers involved in IP disputes are generally excellent negotiators of settlements. So why call upon another  professional, a “Mediator”, to facilitate a settlement? Isn’t that akin to bringing in another litigator to argue the case?

Section 10 of the Canada Interest Act and closed mortgage loans exceeding five years: Anatomy of a legislative change

November 2011

The Interest Act (Canada) is federal legislation that applies across Canada. Until now, mortgage loans with maturity dates exceeding five years could be repaid with a penalty of three months' interest pursuant to Section 10, unless the grantor of the mortgage is a joint stock company or other corporation or the financing is structured by the issuance of a debenture by a joint stock company or other corporation.

Transforming your trade-marks into French for public signs: An obligation?

November 2011

Since Fall 2011, the Office Québécois de la langue française (“OQLF”), which has the mandate to enforce the Charter of the French Language (“Charter”), has launched a francization campaign to push merchants to increase their compliance with the Charter’s provisions in their public signage. The purpose of this article is not to debate the validity of the OQLF’s interpretation of the Charter, but aims to inform about this new campaign and its implications for businesses operating in Québec.