Law is a constantly evolving social science. The same can be said about the assessment of non-pecuniary losses suffered by injury victims. The appellate courts put an end to the free-for-all over thirty years ago, when the Supreme Court of Canada rendered three judgments (the "Trilogy") in 1978.
The Court of Appeal recently rendered an important decision on builders risk insurance in Optimum Société d'assurance inc. v. Plomberie Raymond Lemelin inc. (2009) Q.C.C.A. 416.
In the current economic context, the negotiation of a commercial lease can have a significant impact on both the landlord and the tenant. This is an important document whose negotiation requires great care.
The long-awaited judgment in St. Lawrence Cement Inc. v. Barrette2 is the result of a class action instituted by a group of citizens from the city of Beauport against the owner of a cement plant that operated from 1955 to 1997. The recourse concerned the annoyances suffered due to the emission of dust, odours and noise associated with the operation of cement plant.
Generally speaking, satellite or commercial retail unit (CRU) tenants have, in their leases in major malls, reluctantly accepted to absorb major tenants' short falls through the "adjusted gross leasable area" formulae.
A recent judgment of the Court of Appeal of Québec appears to imply that a legal hypothec of persons having taken part in the construction or renovation of an immovable (construction hypothec) is not available in the Province of Québec against the property of agencies of the Provincial crown.
Do companies have social responsibility toward their shareholders and other stakeholders? How do companies and their directors and shareholders deal with such a heavy burden? Here are some legal aspects that should be kept in mind.
Developments in the building industry require a periodic revision of contract forms that have enjoyed wide recognition as industry standard forms. With CCDC's introduction in January 2008 of a new fixed price contract form, we face the eve of a new era of industry contract forms in Canada.
The Construction Hypothec by David H. Kauffman and Guy Gilain was officially launched on March 19, 2008. Harvey J. Kirsh and David I. Bristow have commented on this book, Construction Law Reports, 68 C.L.R. (3rd) 155-313, p 155-157.
Is your lease "net net net" or "absolutely net"? Is there a legal difference between these various labels and is there any use in including a clause in a lease to the effect that the lease is "net net net" to the landlord? We will try to answer these questions with an overview of recent caselaw on this topic.