On September 5, 2019, in 6362222 Canada Inc. v. Prelco Inc., the Québec Court of Appeal ruled on the validity of a limitation of liability clause in the context where there is a breach of an essential obligation of the contract. This article summarizes the conclusions of the Court of Appeal on this matter. Facts […]

IMPORTANT UPDATE

On May 13, 2019, the Québec Minister of Finance announced various measures designed to counter aggressive tax planning as part of its Tax Fairness Action Plan.

This article addresses various practical aspects of commercial leases. We will summarize good practices to adopt on the following topics: the offer to lease, premises and additional rent, insolvency and bankruptcy of a tenant, and tools to guarantee the performance of a tenant’s obligations. The Offer to Lease The offer can take the form of […]

There are so many ways to sign a contract today that you can get lost in the digital shuffle. The original handwritten signature on paper is only one way to consent in writing to a contract. There are other forms of “signatures”, all of which may be valid on technology-based documents, and all of which […]

The legal construction hypothec is a well-known mechanism for the guarantee of receivables offered to those who participated in the construction of a building. This hypothec is given a priority ranking on conventional hypothecs, which can be an aggravation for the owner of the building and its creditor. Conservation measures The legal construction hypothec exists […]

Since the introduction of the transfer duties tax, otherwise known as the “welcome tax”, various exemptions existed for transfers of real estate between 90% closely related persons or entities. 90% closely related means that one party has a 90% or more interest in the other party. However, for some unknown reason, partnerships, general or limited […]

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 […]

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 […]

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 […]

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 […]