The Act respecting land use planning and development (hereafter the “Act”) establishes the land use planning and urban planning regime in the province of Québec and confirms, in this regard, the responsibilities of the government, metropolitan communities, regional county municipalities and local municipalities. Articles 227 and following of the Act grant the Superior Court with […]

On October 30, 2019, in Restaurant Canada v. Ville de Montréal1, the Québec Superior Court dismissed an application for judicial review by Restaurant Canada, an association of restaurateurs (the “Association”) supported by member franchisors and franchisees operating in fast food industry. The Association requested that the Court declare the zoning illegal by-law restricting the establishment […]

On October 23, in Optimum Insurance Company Inc. v. National Security Insurance Company1, the Superior Court of Québec reiterated the extent of subrogation by an insurer in the rights of a syndicate of co-ownership. In this case, a fire was caused by an article used for smoking that caught fire near a flowerpot located on […]

On October 31, 2019, in the decision Caron v. 9072 2166 Québec Inc., the Court of Appeal clarified the principle of resolutory condition in connection with servitudes (easements). Context The decision is summarized by the following facts: The appellants sold a portion of their property in 2003 to a purchaser (the “First Purchaser”), who intended […]

Residential landlords are obligated by the Civil Code of Québec and the Act respecting the Régie du logement to respect several public policy provisions regarding residential leases.

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 […]

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 […]

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 […]

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, […]

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 […]