One of the main differences between Quebec insurance law and that of other provinces is a provision that insurers must assume defence costs of their insureds over and above the limits of their insurance policies. First enacted half a century ago, this provision is meant to help insureds by prohibiting the erosion of their insurance […]
Gascon is proud to announce the arrival of Mary Delli Quadri as a Partner within its law firm. Mary Delli Quadri is a seasoned attorney in matters relating to commercial and insurance litigation. She also has many years of experience as a defence lawyer for insurance brokers, financial advisors, and planners. She has also acted […]
[ COVID-19 ]
On March 15, 2020, the Minister of Justice and the Chief Justice of Québec issued Order 2020–4251 to suspend deadlines of civil proceedings and of extinctive prescriptions and forfeitures in civil cases.
[ COVID-19 ]
This article is a review of some recent decisions made by Québec courts regarding commercial leasing during this pandemic.
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 […]