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The scope of performance bonds: Clarification or status quo?

September 2009

In this article, we will focus specifically on the claim by Development Tanaka inc. for interest and the additional indemnity by reason of contractual holdbacks Tanaka alleged to be unjustified. In order to address this claim, the Court of Appeal considered the scope of the terms used in the performance bond contract.

The Bellefeuille case: A short lesson on evidence

June 2007

On April 13, 2007, the Court of Appeal ruled unanimously that evidence obtained by using subterfuge, a ruse or a ploy should not be rejected based on that fact alone. If the evidence is relevant and the means used to obtain it does not bring the administration of justice into disrepute, the evidence must be heard.

Evaluation methods of a company's shares

June 2007

Determination of share value is an important component of shareholder agreements. When dealing with private companies, there is rarely a market outside the company, especially for shares of a minority shareholder. A mechanism must be established in order to determine the value of the shares.

New Rules for Private Companies

May 2007

Companies incorporated before September 14, 2005 have until October 12, 2007 to comply with Regulation 45-106 respecting prospectus and registration exemptions, whether by amending their articles or by signing a security holders' agreement.

A landlord's obligation pursuant to article 1854 C.C.Q.

March 2007

Certain owners of rental properties (and, consequently, their insurers) have not yet realized the sizable burden imposed upon them by the Civil Code of Québec such as the principle of the obligation of result owed by owners of residential property, an obligation which they cannot escape.

Constructive dismissal revisited

October 2006

The notion of constructive dismissal has always been a source of debate. Fortunately, in 1997, the Supreme Court of Canada had the opportunity to rule on this notion

The LEGO case: The Supreme Court of Canada makes it harder

June 2006

The thesis of this article is that the Supreme Court's view on these issues created too high a hurdle for functional product shapes to act as trademarks. The court did not recognize that the settled functionality doctrine is too inflexible and overlooked cases that presented a more nuanced view.