Blog Archives

Claims for Latent Defects: Limits to the Pre-Purchase Inspection Obligation and to the Amounts That Can Be Awarded in the Event of Liability

The recent decision in Nguyen c. Succession de Durand, 2022 QCCS 3224 provides a useful illustration of the legal principles which apply in the event of a claim for damages for latent defects. The Superior Court reiterated that a buyer’s obligation to inspect a residence prior to purchase is limited in scope and that the damages which may be claimed with respect to the reduction of the sale price must be reasonable and determined according to the specific circumstances of each case

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RSS Welcomes Mathieu Boily in Its Insurance Law Group

RSS is proud to announce that Mathieu Boily is joining today the team of litigators in the firm’s Insurance Law Group. Mathieu already has three years experience before ethe courts in various cases related to insurance.

Mariella De Stefano, the Group’s Co-Chair, is pleased with this recruit. “Mathieu comes to us from the legal department of an insurance company. Since we represent numerous such companies, we will appreciate the input of someone who developed an insider’s view of the operations of an insurer.”

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Enforcement in Quebec of Foreign Judgments: Restraint Is in Order With Abusive Clauses

Quebec law allows for the recognition and enforcement of judgments rendered by foreign courts. Although these decisions are rendered according to foreign laws, can or must Quebec courts take into consideration the Quebec and Canadian public order principles in deciding whether to recognize such judgments?

In Awanda c. AMBC Ventures Inc., 2022 QCCA 1133, the Court of Appeal had the opportunity to answer this question.

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Brigitte Garceau Designated Lawyer Emeritus

The title of Avocat émérite — Lawyer Emeritus — is one of the most prestigious distinctions that the Bar of Québec can give. It is awarded to members who stand out for their outstanding career, their exceptional contribution to the profession and their remarkable engagement in their community.

Therefore, RSS is both very happy and exceptionally proud to announce that Brigitte Garceau, Ad. E., is one of the nine members selected by the Bar to receive this title in 2022.

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The Construction Legal Hypothec: One Must Have “Taken Part” in the Construction

The Civil Code of Québec [Code] provides special protection to businesses and workers in the construction industry:

2726. A legal hypothec in favour of the persons having taken part in the construction or renovation of an immovable may not charge any other immovable. It exists only in favour of the architect, engineer, supplier of materials, workman and contractor or subcontractor for the work requested by the owner of the immovable, or for the materials or services supplied or prepared by them for the work. It is not necessary to publish a legal hypothec for it to exist.

The hypothec is created without the need to take any steps, although, under article 2727 of the Code, a notice must be registered to extend its validity beyond the 30 days following the end of the completion of the work. But conditions do remain despite this absence of formalism: not everyone who can be linked to the construction can be entitled to the hypothec.

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“What if…?” The Fear of an Increased Risk of Cancer Is Not Compensable Damage Justifying a Class Action

On August 12, 2022, in Palmer v. Teva Canada Ltd., 2022 ONSC 4690, the Ontario Superior Court of Justice dismissed an application for authorization to bring a class action against the manufacturers of a hypertension drug sold under the generic name of valsartan.

The application was filed in 2018, a few days after the manufacturers of valsartan had recalled numerous batches of the medication following their contamination, during the production, by two molecules identified as potentially carcinogenic.

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How to Prepare an Application for Adjudication?

Do you know about the role of adjudicators in public construction contracts? Selected under a governmental programme, they are appointed to facilitate payments to enterprises that are parties to public construction contracts and subcontracts.

Pierre Brossoit was one of the first such experts designated by the government in 2018, when the programme was only a pilot project.

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A Snapshot of Our Recent Activity — Fall 2022

Profile of Martin Côté

Martin Côté is a lawyer, and a partner in our Civil and Commercial Litigation practice. He is the author of the fall edition of our revamped newsletter.

Over the past few years, he has developed extensive expertise, especially in defamation cases and in matters related to university education.

Have a look at his bio sketch.

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Les contrats d’approvisionnement et à commandes

Only available in French

Le 6 octobre 2021, le gouvernement du Québec déposait le projet de loi 103 intitulé Loi modifiant diverses dispositions législatives principalement aux fins d’allègement du fardeau administratif.

Ce projet de loi offre aux municipalités la possibilité d’octroyer un contrat d’approvisionnement sous forme de contrat à commandes. Ce type de contrat permet à une municipalité de se procurer des biens alors que la quantité, le rythme et la fréquence de ses besoins sont incertains et indéterminés.

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Temporary Suspension of the Obligation for Corporations to Provide French Translation of English Court Proceedings

In Mitchell c. Procureur général du Québec, 2022 QCCS 2983, Madam Justice Chantal Corriveau of the Superior Court has just suspended the coming into force of sections 9 and 208.6 of the Charter of the French Language as amended by An Act respecting French, the official and common language of Québec, better known as Bill 96.

These sections, which were to come into force on September 1st of this year, required that legal persons such as corporations who file written pleadings in English attach a French translation certified by a certified translator. Failure to do so would result in the filing being refused.

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