On June 28, in the case Syndicat des copropriétaires de Sir George Simpson, the Québec Court of Appeal issued a decision to the effect that the declaration of co-ownership of an immovable had precedence over the granted leases infringing it. The facts that gave rise to this dispute were relatively simple. The declaration of co-ownership […]

Starting a business requires a substantial investment in time on the part of the entrepreneur.  The latter is quickly called upon to make many decisions and to coordinate the various tasks to be performed in order to ensure, as much as possible, not only a successful start, but also the healthy growth of the company. […]

The protection of intellectual property is compulsory in order to maintain the competitive advantage of revolutionary or innovative technology.  This protection ensures the production and sale of a key product, limits competition, creates alternative sources of revenue through user licenses, provides protection against fraudulent use and adds tangible value to an organization. That said, there […]

In the field of technology, innovative ideas are common. These products and services are distinctive from the rest of the market. As such, they represent a major asset that must be protected in order to maintain a competitive edge in the market. Intellectual property represents intangible assets that create property rights that can be exploited […]

Loss of profits is among the elements that can give rise to damages, both contractual and extra-contractual. However, loss of profits and damages resulting therefrom must be assessed in the light of article 1611 of the Civil code of Quebec: “1611. The damages due to the creditor compensate for the amount of the loss he […]

Show me the money!: Canada is the top film location in the world for the combination of tax incentives, film treaties, talent and currency exchange value. With more and more incentives being offered around the globe, financing and producing films require a high level of foresight, creativity and planning. Tax Credits: Canada’s federal and provincial […]

The sole proprietorship is often the legal structure chosen by self-employed entrepreneurs. As its name suggests, a sole proprietorship is a business operated by one person who has direct control over the orientations of the business. It is simple and inexpensive to set up, as a sole proprietorship does not need to be registered unless […]

It is not always easy for entrepreneurs to determine which of a non-profit organization (“NPO”) or a cooperative (“Coop”), is the most appropriate legal entity to accomplish their social economy project. These two types of organizations have several similarities. For example, NPOs and Coops i) have a social purpose; ii) benefit more than one person; […]

A start-up company will often use different sources of financing to raise the capital needed to launch its project. After the entrepreneur’s personal investment, one of the main sources of financing for a start-up business is the financing provided by the entrepreneur’s family and friends, also known as “love money”. One of the advantages of […]

Under the provisions of the Taxation Act (the “Act”), certain construction contracts entered into between a contractor and a subcontractor require a Certificate issued by Revenu Québec certifying that the subcontractor complies with the Québec tax laws and does not have any overdue account with Revenu Québec (the “Certificate”). Contracts requiring a Certificate: the contract […]