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The mandate

A mandate, also known as power of attorney, is a contract by which one person (the principal) gives another person (the agent) the power to enter one or more legal transactions with a third party in their name and on their behalf. When you engage the services of a...

Forcing the sale: the action in passing of title

You have just signed a promise to purchase a house and suddenly the seller refuses to follow through on the promise and refuses to sell. What can you do? You can either claim damages for the unilateral termination without right or force the sale by filing a legal...

Building a New House – Acceptance of Work and its Consequences

At the end of your home construction project, upon acceptance of the work, be careful not to accept unreservedly the work, or make the final payment, if some defects are apparent. I have a general contractor A client who accepts the works from a contractor without...

Building a New House – Who Can Work on the Building Site?

Building a brand new house is such an exciting project! Earlier this month we covered the planning required, as well as the licenses and permits to obtain before construction can begin. Now, with your plans, licenses and permits in hand, comes the time to (finally!)...

Arbitration: a benefic dispute resolution method

When a dispute arises, a legal process can be long and costly. It can also cause anxiety to some people. It is important to know that there are alternatives to settle a conflict, going to court is not the only option. Great solutions are the dispute prevention and...

What is the value of a verbal contract?

Every day we enter into many contracts without even realizing it. Indeed, a contract exists as soon as two persons (a company is considered a legal person), commit to do something for each other. A contract is formed by the mere exchange of consent. For example,...

If I win in court, will my legal fees be reimbursed?

A question we get often asked relates to the reimbursement of legal fees. Indeed, at the end of a trial, can one be reimbursed by the opposing party for the legal fees that one had to pay? First, it is important to distinguish between legal fees and extrajudicial...

Am I required to be represented by a lawyer?

In principle, in civil matters, the plaintiff or defendant may represent themselves before the courts in Quebec. However, there are exceptions to this rule and being represented by a lawyer may be mandatory under certain circumstances. Legal persons A company or...

The formal notice: an indispensable tool

The formal notice is often the first step in a dispute. But how useful is it? Why is it so important? This article explains what you need to know about the formal notice. Distinction to be made A formal notice is a written notice sent by the creditor to the debtor,...

Commercial Leases: Overview of Lessor/Lessee Rights and Obligations

Your commercial lease expires next month and you’re wondering if it will be automatically renewed? Are you entitled to remain on the premises? Under what conditions can the lessor terminate your lease and force you to vacate the commercial space? Is it legal to...