Franchise agreements usually provide a mechanism to ensure that the franchisor remains in control of the premises in which the franchisee operates the franchise, in case of premature termination of their business relationship. It will often provide that the default of the franchisee to respect the terms and conditions of the agreements will lead to […]
Subsection 10(1) of the Interest Act (RSC 1985 c I-15) (the « Act ») stipulates that when a loan (principal or interest) guaranteed by a hypothec on immovables or real property becomes payable more than five years after the date of the hypothec, the debtor has the right, at any time following the expiry of the said […]
Gascon is proud to announce the appointment of Audrey Robitaille as a partner. A talented lawyer, admitted to the bar in 2012, Me Robitaille has been part of the Gascon team since she was a law student. Me Robitaille provides strategic advice in real estate and business law. Also known for her expertise in intellectual […]
Are the sums held in trust by a bankrupt’s attorney as security for costs, pursuant to Section 492 of the Code of Civil Procedure, the property of the bankrupt? On August 31, 2018, in PricewaterhouseCoopers Inc. vs. Proteau [1], the Court of Appeal ruled in favor of the trustee in bankruptcy. In this case, the plaintiff, […]
Since the tabling of the provincial budget on March 17, 2016, when there is a transfer of an immovable property in Québec and such transfer is not published in the land register, the purchaser must nevertheless report it to the relevant municipality and pay the applicable transfer duties. Failing this, the purchaser exposes itself to […]
Cannabis consumption and its cultivation become legal as of October 17, 2018, under the terms set out in the An Act to constitute the Société québecoise du cannabis, to enact the Cannabis Regulation Act and to amend various highway safety-related provisions, L.Q. 2018 Chapter 19 [1] (“Québec Law”). As for the Cannabis Act Chapter 16 […]
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 […]
