Blog Archives

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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A Reminder of the Basic Differences Between a Builder’s Risk Policy and a Liability Policy

In the recent case of Bridor inc. c. 90784497 Québec inc., 2022 QCCS 2496, the Superior Court ruled on the fundamental distinctions between a Builder’s Risk policy and a liability insurance policy.

Bridor inc. [Bridor] had retained the services of Construction Milkado [Mikado] as a construction manager to oversee the expansion of its plant. In the main claim, Bridor alleged that Mikado had committed three faults in its management of the construction, one of which consisted of damages caused to architectural panels that made up the outside walls of the expansion. The project and the parties were insured under two policies issued by Starr Insurance & Reinsurance Limited [Starr]: a Wrap-Up liability insurance policy and a Builder’s Risk insurance policy.

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RSS Stands Out in the Best Lawyers Directory

The publishers of The Best Lawyers in Canada™ have announced today the ranking for the 2023 edition of the directory. Numerous RSS lawyers were selected.

Andrew Penhale, the firm’s CEO, explains the meaning of this ranking. “Best Lawyers is important, since this directory reflects the opinions of our peers. The ranking is established on the basis of votes cast by lawyers who are already recognized, and who can therefore make an informed judgment on the quality of our work.”

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Buying a Century-old Property: An Extra Measure of Care Is Required

While looking for a home, you fall for a century-old residence: what should you do? Make sure you carry out certain verifications before closing the sale. Although the legal warranty of quality applies regardless of the building’s age, courts generally have more stringent expectations towards buyers of older properties. The Superior Court illustrated this in the recent case of Auchintek c. Gerkes, 2022 QCCS 2637.

In that case, the plaintiff was asking for more than $430,000 in damages from the seller for latent defects in a property that she had bought in 2004. The defendant raised two key arguments for his defence: the buyer’s negligence in having failed to perform an inspection on a dwelling built in 1910, and failure to give notice within a reasonable time. The quantum of the damages was also in issue.

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RSS Welcomes Julia Boivin Desgagné in Its Saguenay Office

RSS is proud to announce that Julia Boivin Desgagné is joining its Saguenay office. Julia will assist clients in the region with her litigation skills while sharing her knowledge of municipal law with the rest of RSS’s team.

“Although she was called to the Bar as recently as 2019, Julia already has a most interesting profile. We are happy to have as a colleague someone with her involvements in the community and her extensive education” says Marcel-Olivier Nadeau, who heads the Saguenay office.

L’article RSS Welcomes Julia Boivin Desgagné in Its Saguenay Office est apparu en premier sur RSS – Robinson Sheppard Shapiro.

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