Bill 161 which was adopted by the National Assembly of Québec in December 2019 (the “Bill”) will substantially modify the legislative framework applicable to divided co-ownership in Québec. This initiative, which was undertaken in the context of the growing popularity of condominium properties in the province of Québec, addresses various concerns relating to the maintenance of […]
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 […]
Data processing and the ensuing need for efficient and secure storage solutions are at the center of most organizations’ business and as a result, the presence of data centers is expected to increase considerably in the coming years. Clients generally use data center services in any of the following manners: i) by concluding a turnkey […]
The Province of Québec has recently seen an increase in the presence of data center providers. This burgeoning market can be associated with Québec’s many advantages including, but not limited to, affordable and dependable energy sources and its cooler climate. In addition, Montréal’s global reputation in the field of artificial intelligence is no stranger to […]
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.
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 […]
Some elements may be essential conditions for a purchaser when buying an immovable, whether with respect to the development of a portion of a building in rental housing or the occupation of a portion of a residential building for commercial purposes. However, municipalities have the power to restrict some of these uses through their regulations, […]