Blog Archives

Thawing the Big Freeze: Bill 2 and Accessibility to Joint Accounts on Death

On June 6, 2022, the Quebec legislator enacted an Act respecting remittance of deposits of money to account co-holders who are spouses or former spouses [Act]. That is part of the wide-reaching Bill 2, An Act respecting family law reform with regard to filiation and amending the Civil Code in relation to personality rights and civil status.

The purpose of this newsletter is to focus on the significance of the Act for successions in Quebec.

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Rosalie Rouillard Becomes a Member of RSS’s Insurance Law Group

RSS is happy to announce that Rosalie Rouillard, a litigator, is now part of the firm’s Insurance Law Group. Although she was only called to the Bar in 2021, Rosalie already has a rich experience that includes internships at the Court of Québec, legal aid, and a litigation department specialized in portfolio management.

Mariella De Stefano is very pleased with the vitality of the group, of which she is Co-chair. “Rosalie, just like our recent recruits, sees RSS as an environment of which she will be a key part, and that she will contribute to make even more efficient and dynamic. With these young lawyers, RSS really goes full steam ahead!”

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Presentations by Carly Flam and William Dion-Bernard at a Professional Development Seminar

Today, June 8, two of the firm’s partners took part in “Traps to Avoid in Estate Planning & Administration”, the yearly professional development seminar of the Jewish Community Foundation Montreal. Carly Flam discussed matrimonial regimes while William Dion-Bernard talked about estate administration.

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Sharon G. Druker Elected as Director of the Quebec Bar Foundation

Sharon G. Druker, Ad. E., was elected to the board of directors of the Quebec Bar Foundation at the organization’s annual general assembly, held today.

The Foundation is a registered charity that was set up in 1978 to contribute to the advancement of legal knowledge.

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Katherine Duchesne Joins RSS’s Insurance Law Group

RSS is happy to announce that Katherine Duchesne, a litigator, is now part of the firm’s Insurance Law Group. Katherine’s background is quite original, since she holds a Bachelor of Law degree from the University of Leicester, in the UK. She then completed her education in Quebec law at the University of Montréal.

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La protection des biens affectés à l’utilité publique qui appartiennent aux municipalités

Only available in French

Il est connu que les municipalités bénéficient de la dualité démoniale. En ce sens, les biens de la municipalité font partie soit de son domaine privé ou soit de son domaine public. La distinction est importante puisque les biens de la municipalité affectés à l’utilité publique font partie de son domaine public et sont, de ce fait, insaisissables (art. 916 du Code civil du Québec) (ci-après « C.c.Q »).

Si on ajoute aux dispositions législatives ci-haut mentionnées celles prévues à l’article 2668 du C.c.Q., les biens de la municipalité insaisissables ne peuvent être grevés d’une hypothèque légale ou conventionnelle.

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RSS Welcomes Francis Hemmings in Its Estates, Wills and Trusts Group

RSS is pleased to announce that Francis Hemmings is now part of its Estates, Wills and Trusts Group. Since his call to the Bar, in 2012, Francis has accumulated substantial experience in litigation matters, especially in matters involving vulnerable or incapable persons.

Marilyn Piccini Roy, Ad. E., TEP, head of the group, is pleased with this new member. “Francis’s profile is ideally suited to complement our team. Already, he has significant experience in litigation matters, which will be most useful in analyzing our clients’ cases. Of course, he will be implicated in contestations and settlement of disputes.”

L’article RSS Welcomes Francis Hemmings in Its Estates, Wills and Trusts Group est apparu en premier sur RSS – Robinson Sheppard Shapiro.

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Risks Associated With a Simplified Life Insurance Proposal and Nullity Ab Initio

On March 28, RSS obtained a favourable decision on behalf of its client in Kabeya c. Compagnie d’assurance-vie RBC [RBC], 2022 QCCS 1035. In this decision, the Court concluded that a life insurance policy was null and void due to a false declaration by the insured regarding his Canadian citizenship status. The Court also considered the appropriateness of using a simplified form at the time of the application for a life insurance policy, as opposed to a more detailed application form, while recognizing the materiality of the false declaration in the insurer’s assessment of the risk.

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Marcel-Olivier Nadeau Elected Vice-president of the Bar of Quebec

At its June 1 meeting, the board of directors of the Bar of Quebec elected Marcel-Olivier Nadeau as vice-president of the Bar. He will be a close collaborator of the Bâtonnière Catherine Claveau. In this position, he will be at the forefront of the Bar’s involvement in the numerous legal issues that make headlines in Quebec.

L’article Marcel-Olivier Nadeau Elected Vice-president of the Bar of Quebec est apparu en premier sur RSS – Robinson Sheppard Shapiro.

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Martin Côté Featured in a Continuing Education Activity of the Bar

Today, May 31, Martin Côté is presenting “Tout ce que vous devez savoir relativement au secret professionnel de l’avocat en entreprise et au privilège relatif au litige”, a contining education webinar hosted by the Bar of Quebec.

L’article Martin Côté Featured in a Continuing Education Activity of the Bar est apparu en premier sur RSS – Robinson Sheppard Shapiro.

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