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The value of intellectual property

November 2011

To be successful, a business must also be dynamic. Survival and growth depend on obtaining financing, setting up partnerships or acquiring complementary or competing businesses. In all these transactions, intellectual property assets play a prominent role.

Issues in cross-border mergers and acquisitions: A Canadian perspective

November 2011

This chapter of the book Mergers and Acquisitions in North America, Latin America, Asia and the Pacific – Selected Issues and Jurisdictions provides non-Canadian readers with an introduction to Canadian legislative and business considerations involved in cross-border mergers and acquisitions, with particular focus on Canada's competition and foreign investment legislation.

Recent decision regarding call for tenders

October 2011

On July 14th 2011, the Superior Court rendered its decision in the Axor Construction v. Bibliothèque et Archives nationales du Québec case. This decision illustrates the extent of the owner’s rights with respect to a public call for tenders by concluding that Bibliothèque nationale could choose to increase the budget and award the contract to the lowest compliant bidder, negotiate a reduction of costs in order to respect its budget or even reject all bids and issue a new call for tenders. (Available in French only)

Abandonment of work: Attention creditors with legal hypothecs

October 2011

The date the construction work has been completed marks the commencement of the 30-day delay for registering a legal hypothec. When, however, work cannot be completed due to the owner’s insolvency, jurisprudence states thatthe date on which construction work is completed marks the date of the definitive abandonment of the work. (Available in French only) 

Business succession: An undertaking that requires planning

September 2011

The business succession process consists of two major components parts: transfer of the decision-making power (management) and transfer of ownership (control) of the business. The decisions to be made are often difficult and complex. They include human, financial, tax and legal aspects. That is why the transfer of management is often perceived as more difficult to carry out than the transfer of ownership itself.

A choice is not an omission

September 2011

On July 4, 2011, The Quebec Court of Appeal upheld a judgment by the Superior Court which declared illegal two certificates of modification of the inscription on the 2006-2009 real estate assessment roll of a private golf course operated by the Country Club of Montreal in the City of Saint-Lambert.

Business succession: Time to plan

September 2011

Business owners are reminded daily that the taxman is their principal business partner, since they must share with him a significant portion of their annual income. It is therefore recommended to turn to tax experts and financial planners whose job it is to implement tax and financial mechanisms in order to reduce, defer and perhaps even eliminate the tax consequences upon death or the transfer of one's business.

Waiving of the right to legal hypothecs

July 2011

The construction legal hypothec is a privilege granted by the Civil Code to persons having participated in the construction or renovation of a property. This hypothec originates with the signing of a contract, without having to publish it, and is preserved by its registration in the land register within 30 days of the completion of work. At the signing of the contract however, the owner sometimes will require the contractor, supplier or sub-contractor to waive this legal hypothec. Is the waiving of this right permitted by law? If the contractor does indeed waive his right, how can he otherwise protect his claim? (Available in French only)

Debt recovery and forensic litigation

May 2011

The recovery of a debt which results from fraudulent external activity or dishonest employees calls for creative thinking and the use of special recourses. The harm to the company caused by an intentional attack on its assets is often devastating. The following is a basic overview of the recourses available in Quebec to attempt to recover amounts should the need arise.