What responsibility would you have if one of your guests were to leave the event drunk and injure a third party? The Supreme Court of Canada had to consider this issue in the case of Childs v. Desormeaux in a judgement rendered on May 5, 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.
In business, one often hears the expression ''return the favour.'' While this approach can rightfully enable a business to progress, a recent decision has specified that it is unacceptable for engineers to make it a systematic practice.
Over the last few years, the efficiency of construction industry structures in Québec has been brought into question by many stakeholders, particularly following the unfortunate events which took place at the Gaspésia job site.
Article 2726 of the Civil Code of Québec stipulates the right to a legal construction hypothec not only for materials "supplied" for the construction of an immovable, but also for materials "prepared" for that purpose.
A polygraph is a machine also commonly referred to as a “lie detector”. It is used occasionally at the request of claims adjusters and, less often, by individuals wishing to add weight to their insurance claims.
In certain circumstances, Quebec's Expropriation Law can result in a denial of justice for the owners of properties against which notices of reserve have been taken.
In today's corporate environment, directors face numerous challenges and pitfalls. Yet, they constantly have to remind themselves of the array of statutory liabilities which await in cases of failure: personal responsibilities for unpaid wages, taxes, deductions at source and environmental issues to name a few.
Peoples Department Stores Inc. (Trustee of) v. Wise provides some breathing room for directors: it gives relief to those who act in good faith when trying to rectify problems at an insolvent company, even if their actions prove to be more hindrance than help. ''The principal question we were debating was: Is there a fiduciary duty owed to creditors of a corporation?'' says Eric Lalanne, partner at De Grandpré Chait who represented Wise Brothers. ''It took us by surprise when the court looked at the duty of care.''
The Code of Civil Procedure (C.C.P.) provides that in the course of legal proceedings, the plaintiff may, with the authorization of a judge, seize before judgment the property of the defendant, when there is reason to fear that without this remedy the recovery of his debt may be put in jeopardy.