Blog Archives

Application of Res Judicata to a Second Lawsuit for Abuse of Proceedings

On April 13, 2022, in Globe technologie inc. c. Rochette, 2022 QCCA 524, the Court of Appeal confirmed a judgment obtained by RSS before the Court of Quebec dismissing an action at the preliminary stage based on the notion of res judicata. The Court of Appeal maintained the position defended by RSS and concluded that when the tribunal has already sanctioned an abuse of proceedings within the action in which it occurred, this abuse cannot not be the subject of a second action for extra-contractual civil liability.

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Lynne Kassie to Receive the Mérite Christine-Tourigny

The Mérite Christine-Tourigny is one of the Bar of Quebec’s most distinctive tributes. It is awarded each year to mark a member’s social commitment and special contribution to the progress of women in the legal profession.

This year, the distinction is awarded to Lynne Kassie, Ad. E., head of our firm’s Family Law Group. Ever since her beginnings, Ms. Kassie has acted as a mentor to many women lawyers and continues to shine with her sound advice, her energy and her passion for the profession. The Mérite will be officially awarded at the Journée du Barreau, on June 17.

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Jean-Pierre Sheppard Named Fellow of the Litigation Counsel of America

RSS is very pleased to announce that Jean-Pierre Sheppard, from our Civil and Commercial Litigation Group, has been admitted as a Fellow of the Litigation Counsel of America.

The Counsel is comprised of litigators from the United States and Canada, allowing them to exchange ideas and contribute to their professional development. Membership is limited to 3,500 members: less than 0.5% of the lawyers in each country. Membership is by invitation only, which follows a careful examination of each candidate’s achievements before the courts and ethics. Less than 30 Quebec lawyers have qualified, including Charles E. Flam and Patrick Henry, and now, Jean-Pierre.

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The Certificate of Insurance: A Mere Formality or an Essential Condition?

On March 10, 2022, the Honourable Bernard Jolin of the Superior Court rendered a judgment dismissing three Wellington applications filed by Hydro-Québec against Lloyd’s Underwriters [Lloyd’s]: Perrotta c. Hydro-Québec, 2022 QCCS 1125.

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Constat d’infraction malgré l’envoi d’un avis d’infraction

Only available in French

En matière pénale, la majorité des tribunaux suivaient la jurisprudence dominante à l’effet que lorsqu’un avis d’infraction était émis contre un contrevenant lui demandant de régulariser une situation dans le délai imparti à l’avis, il ne pouvait, règle générale, y avoir de constat d’infraction d’émis pour le motif qu’un délai était accordé au contrevenant pour régulariser la situation.

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Seminar on Trusts With William Dion-Bernard

March 22, 2022 — The Association de planification fiscale et financière will be presenting its seminar on trusts on Thursday, March 24. William Dion-Bernard, notary with our Estates, Wills and Trusts Group, will be speaking on tax and civil law cases related to trusts.

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RSS Welcomes Jacob-Ray Falutz in its Family Law Group

March 21, 2022 — RSS’s Family Law Group is happy to welcome Jacob-Ray Falutz, who was called to the Bar only a few days ago, after articling with a boutique litigation firm.

“We really look forward to working with Jacob”, says Lynne Kassie, Ad. E., head of the Family Law Group. “For such a young lawyer, he has an impressive education and experience. Once more, we discovered an outstanding recruit.”

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RSS in Canadian Lawyer Magazine’s Top 10 Quebec Regional Firms

March 16, 2022 — Canadian Lawyer magazine has just released its annual rating of Quebec’s Top 10 Regional law firms: full-service firms with offices exclusively in the province. RSS is proud to be in the Top 10. The ratings are based on the results of a survey conducted in late 2021, in which 1,137 ballots were received for 38 nominated firms.

Andrew Penhale, CEO, is pleased with these results. “While facing many challenges over the past year, our team has continued to devote its expertise, energy and resources to our clients, assisting them with their legal issues. We like to think that this ranking is the result of our commitment to them.”

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Claim for Latent Defects: Reminders of the Buyer’s Obligation of Prudence, Misleading Representations and Disclosure of Defects

By Caroline Cassagnabère, from our Insurance Law Practice Group

March 14, 2022 — On January 12, 2022, in Crooks c. Nguyen, 2022 QCCS 55, the Superior Court awarded a $115,000 reduction of the purchase price and granted $14,600 in moral damages to the buyers of a house affected by several defects. This case reminds us of several important points on the seller’s warranty of quality.

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Maxime Saint-Onge Joins RSS’s Civil and Commercial Litigation Group

March 14, 2022 — RSS is pleased to announce that Maxime Saint-Onge, a litigator, is now a member of the firm. Maxime’s practice has been focused on litigation cases since his call to the Bar, in 2017.

Martin Côté, a partner in our Civil Litigation Group, comments on this recruit. “Maxime has a very rich experience, that includes many areas of law, before numerous courts. His knowledge of the legal stakes inherent in the use of social media is an asset. I am sure that he will be a most valuable player on our team from the very first day.”

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