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 […]

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 […]