Protecting a major retailer's exclusivity by servitude

March 2003

Protecting a major retailer's exclusivity by servitude

bouton-vers-francaisFredric L. Carsley
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514 878-3262

Immobilier-Carsley-ProtectingServitude-EN-A March 21, 2001 judgment of the Québec Court of Appeal in the case of Épiciers Unis Métro-Richelieu Inc. v. The Standard Life Assurance Company, has placed a serious doubt as to whether or not exclusivity-type protection can be validly created by means of a real servitude, or at the very least a personal servitude which will still run with the land and bind subsequent acquirers.

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