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Assessing non-pecuniary losses

April 2009

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.

Time to rethink neighbourhood relations

January 2009

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.

Power centre leases: Cost sharing issues

January 2009

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.

State agencies in Québec - Exemption from liens

December 2008

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.

Legal aspects of corporate social responsability

September 2008

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.

The dawn of a New Era of CCDC Documents

June 2008

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.