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.

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. Among these measures, those relating to nominee corporations are noteworthy. Accordingly, tax legislation will be amended to provide that the parties to a nominee agreement have the obligation to […]

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, […]

Following an announcement by the Minister of Tourism on June 5, 2019, the Gazette Officielle du Québec published June 12, 2019, the draft Regulation modifying the regulation respecting tourist accommodation establishments (the “Draft Regulation” and the “Regulation”, respectively)[1]. According to the Minister, the update of the applicable regulations regarding collaborative accommodations, such as “Airbnb” and “HomeAway”, […]

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 […]

Bill No.401, namely the Act mainly to improve the quality of buildings, the regulation of divided co-ownership and the operation of the Régie du logement, which came into effect in July 2018, brought significant changes to the law of co-ownership, especially in the field of insurance. Here are a few of them: Liability insurance The […]

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 […]

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 […]