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Real estate agents beware: More is better

October 2017

With its 50 million documents and 175 years of history, the Québec Land Register is a useful tool that all real estate agents should imperatively consult, and so, more than once during the course of a transaction. This is what the Court of Québec advocated when it recently condemned a real estate agent Bruno Pelletier to compensate the buyer Martin Geoffroy due to legal hypothecs published against the property purchased from the builder Riodel Inc. In this case, the Court concluded that the real estate agent was guilty of professional misconduct by failing to conduct repeated searches in the land register thus depriving the buyer of a clear and current picture of the financial state of his future property. 

A $644 million lesson

August 2017

A record-breaking amount of $644 million, awarded on June 7th by the Federal Court of Canada to Dow Chemical against Nova Chemicals for patent infringement, is a vivid reminder of the importance of obtaining intellectual property protection and of conducting appropriate “right to manufacture” searches before any marketing activity.

 

Investment Funds in Québec

May 2017

In Canada, each of the provinces have jurisdiction over their securities issues. Section 11 of the Securities Act (Québec) (“QSA”) stipulates that the distribution of securities to residents of Québec requires a  prospectus subject to a receipt issued by the Autorité des marchés financiers (“AMF”), unless a prospectus exemption is available under National Instrument 45-106 – Prospectus Exemptions (“NI-45-106”).

 

Common Sense Applied to Property Insurance Clauses in a Lease

April 2017

Aside from its general business provisions (such as the rent, term, options to renew and so on) and other clauses governing and restricting the tenant’s right to use and occupy the premises, for the most part, the remainder of a commercial real estate lease is nothing more than an orderly allocation of obligations, liability and risk between the landlord and the tenant. 

China Ponzi Scheme

September 2016

Do you remember the old saying, “If it seems too good to be true, then it isn’t”?

If you did, then you are ahead of the approximately 900,000 mainland Chinese who fell victim to a recent Ponzi scheme which plagued China.

Quebec Voluntary Reimbursement Program

August 2016

We are pleased to provide you with an overview of the Voluntary Reimbursement Program (the "Program") which is aimed at facilitating the recovery of amounts improperly paid by public bodies in connection with public contracts.

The CEO Fraud: A Call for Vigilance

March 2016

Companies are increasingly victims of sophisticated scams totalling billions of dollars. Even though the security protocols established by your IT department are reputed inviolable and strong passwords on your computer and credit cards are changed regularly, you are not fully protected.

Canada's new anti-spam legislation: Are you prepared?

June 2014

As many of us head off on summer vacation, Canada’s new Anti-spam Legislation (CASL) comes into force on July 1st, 2014. This law will affect all individuals, companies or organizations that send commercial electronic messages (CEMs), develop or install computer programs, or re-route the destination of a message, contrary to the one specified by the sender.