International Mapping Of Criminal Liability Of Executive Officers And Legal Entities

May 2022 A survey conducted by the lawyers of BARO ALTO law firm and members of the IR Global network. Our approach Baro Alto law firm carried out a survey –in partnership with the French think tank institution Institut pour l’Innovation Economique et Sociale (2IES) and Professor Pascal Beauvais, lecturer at the University of Paris […]

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My Tenant Died, What Now?

What you can do as a landlord when your tenant dies, depends on when the lease was signed. Leases concluded before January 1, 2019 are governed by the Federal Rent Act for which art. 1742 of the Civil Code states: “The lease shall not be terminated by the death of the landlord, nor by the death of […]

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Reform to the Charter of the French Language: an overview of the main amendments

With thanks to lawyers Félix Bernard, Yann Canneva, Catherine Cayer, Simon Chénard, Tina Hobday and Guillaume François Larouche and law student Meena Mrakade. On May 24, 2022, the Quebec government adopted the Act respecting French, the official and common language of Québec (the “Act”). The Act received Royal Assent on June 1st, 2022 and can now be found […]

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Tenant Not Responsible For Sidewalk Maintenance In The Absence Of Lease Requirement Or Conduct Creating Liability

In Segovia v R.T.H. Assoc. LLC, the Supreme Court of New York, Bronx County, recently addressed the issue of whether a commercial tenant occupying a property adjacent to a public sidewalk had a duty to maintain and repair same. Plaintiff in that case alleged that she fell while walking on the sidewalk adjacent to the property near […]

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Revision and a look at the future: Unlawful terms

We have already touched upon the fact that, since 1 December 2020, the B2B Act of 4 April 2019 has ensured that consideration is given to the imbalances which may exist between contracting companies (just as in consumer law) and that, for this purpose, provisions have been introduced, among other things, regarding unlawful terms which […]

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“The war makes international co-operation between companies very complicated”

It should be stressed at the beginning that the trade relationship between Poland and Germany in the present climate still remains in good shape despite difficulties from the slowly receding Covid – 19 Pandemic and the war in Ukraine. These factors have certainly had a negative impact on trade and they have forced entrepreneurs from […]

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The roof is on fire! – The scope of the liability cap in Quebec construction law

Contractual Documents used for major construction projects typically contain limitation clauses1 (“Limitation Clauses”) that cap the value of potential claims by the project owner (“Owner”) against the professionals, contractor, design-builder, construction manager or, depending on the delivery method, the integrated project delivery team (collectively referred to hereinafter as the “Debtor”). Is the application of these clauses […]

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Workplace injuries in the age of remote work

A decision of the Administrative Labour Tribunal recognizing an employment injury that occurred in the course of remote work recently made headlines because of the particular nature of the circumstances that led to the worker’s injury.1 In this case, an Air Canada customer service agent was performing her work duties from home, i.e., working remotely. […]

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Confidentiality of documents and commercial interests in a class action: Criteria and proof on a balance of probabilities

On November 29, 2021, the Superior Court of Quebec handed down an interesting decision in Option Consommateurs c. Société des loteries du Québec (Loto-Québec)1 dealing with the preservation of confidentiality and the sealing of documents belonging to the defendant and a third party, the disclosure of which could harm their respective commercial interests. This decision is both a reminder […]

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Top 5 reasons to register your trademark

In Canada, trademark rights are acquired first and foremost through use. So what are the benefits of applying to register each of your trademarks? 1. A Canada-wide exclusive right The rights conferred by the use of a trademark are limited to those places where the owner can prove such use. However, registration of a trademark […]

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