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Disciplinary Proceedings

February 2013

The inquiry is completed and the trustee has concluded that a disciplinary complaint should be filed against you. From the investigator that he was, the trustee has become the whistle-blower. And you, once the collaborator, are now facing an adversary seeking to prove your guilt.

The Integrity in Public Contracts Act

February 2013

Unanimously adopted by the National Assembly, the new Integrity in Public Contracts Act ensures that in the future, any company that wishes to enter into a construction or services contract with a government body or municipality must obtain authorisation for that purpose from the AMF.

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?