All our publications

April 4, 2019

Real Estate and Construction
The failure to send a demand letter providing a sufficient time period for allowing the seller to correct the alleged defects can be fatal to a buyer’s recourse
By Mtre Émilie Brosseau, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on April 2, 2019, discusses the judgment in Dionne v. Climatisation Labelle 1996 inc. (Full Text), in which the court determines the impact of failing to send a notice providing a sufficient time period for the seller to remedy the alleged defects with respect to the legal warranty of quality on a residential geothermal system. Ultimately, the court concludes that the failure to send such notice providing a sufficient time period is fatal to the buyers’ recourse.

Learn more

March 26, 2019

Real Estate and Construction
Investing in residential real estate in order to rent through Airbnb? Proceed with caution!
By Mtre Bryan-Eric Lane, Lawyer

If you purchase a used residential immovable (for example, a condo), which is not taxable, in order to rent through Airbnb, meaning solely short-term rentals (for periods of less than 60 days), you may have a very bad surprise upon reselling your immovable.

Learn more

March 25, 2019

Real Estate and Construction
Flips? Beware!
By Mtre Bryan-Eric Lane, Lawyer

Real estate flips: watch out for flops! Particularly when you have done major renovations before reselling.

Learn more

March 3, 2019

News
Seminar on latent defects

On March 29th in Laval, Mtre Bryan-Eric Lane will hold a full-day seminar on latent defects. As part of the seminar, Mtre Mélanie Archambault will hold a workshop on Quantum Vices cachés, the legal research tool.

Learn more

March 2, 2019

News
Mtre Aliona Bancila Joins Our Firm

We are pleased to welcome Mtre Aliona Bancila to our team. Mtre Aliona’s practice is focused on real estate law, civil and commercial litigation. Mtre Bancila is an alumnus of Université Laval and a member of the Quebec Bar since 2016. 

Learn more

February 18, 2019

News
Conference for Real Estate Brokers

In collaboration with the notarial firm Blanchard Lupien notaires, s.e.n.c.r.l. and the accounting firm Amyot Gélinas, s.e.n.c.r.l., we are organizing a lunchtime conference for real estate brokers. Entitled “12 Important Things to Know in Anticipation of the Closing of a Residential Transaction with a Notary,” this conference, which will be held on March 6th in Laval, will better equip real estate brokers for the conclusion of residential real estate transactions with a notary.

Learn more

February 11, 2019

News
Webinar on latent defects

On February 15th, Mtre Bryan-Eric Lane, in collaboration with Éditions Yvon Blais, will hold a webinar on damages in cases of latent defects.

Learn more

February 4, 2019

News
Conference on Latent Defects for the Laurentides-Lanaudière Bar

On February 19th, Mtre Bryan-Eric Lane will hold a conference in Saint-Jérôme on latent defects for lawyers of the Laurentides-Lanaudière Bar.

Learn more

January 31, 2019

News
Conference on Latent Defects, Pre-purchase Inspections, and Expert Analyses

We are organizing a lunchtime conference for building inspectors and experts, as well as for lawyers, to be held on March 27th in Laval. Entitled “Latent Defects, Pre-purchase Inspections, and Expert Analyses,” this conference, which will be hosted by Mtre Bryan-Eric Lane, will deal with the concept of latent defects covered by the legal warranty of quality, the pre-purchase inspector’s obligations, and the role of an expert and his analysis in the context of a claim for latent defects.

Learn more

November 5, 2018

News
Mtre Bryan-Eric Lane to Participate in Éditions Yvon Blais’ 4th Edition of its Liquidation of Successions Conference

Mtre Bryan-Eric Lane has been invited to speak at the 4th edition of Éditions Yvon Blais’ Liquidation of Successions Conference, which will be held on December 4, 2018 in Montreal. Mtre Michel Beauchamp, notary emeritus and respected authority in the liquidation of successions in Quebec, will serve as the event’s moderator.  

Learn more

October 31, 2018

News
Mtre Ian Lacombe Joins our Firm

We are pleased to welcome Mtre Ian Lacombe to our team. Mtre Lacombe’s practice is focused on real estate law, construction law, civil and commercial litigation. Mtre Lacombe is an alumnus of University of Ottawa and a member of the Quebec Bar since 2016. 

Learn more

October 29, 2018

News
Our Firm Participates in the First Edition of BMO’s Real Estate Conference (2018)

We are proud to have contributed to the very successful first edition of BMO’s Real Estate Conference (2018), held in Laval on October 25th. This event, recognized by the OACIQ and the Barreau du Québec as continuing education hours, attracted a large audience, with a full conference room of 150 participants, namely 120 real estate brokers and 30 lawyers from Laval.

At the conference, participants were given various lectures on real estate law.

Learn more

October 10, 2018

News
Mtre Bryan-Eric Lane Participates in Éditions Yvon Blais’ 5th Edition of its Real Estate Law Conference in Montreal

Mtre Bryan-Eric Lane participated as a speaker at the 5th edition of Éditions Yvon Blais’ Real Estate Law Conference, held in Montreal on October 9th. The Honourable Henri Richard, Associate Chief Justice of the Court of Quebec’s Civil Division, served as the conference’s honorary chairman.

Learn more

October 9, 2018

News
Mtre Émilie Brosseau Joins our Firm

We are pleased to welcome Mtre Émilie Brosseau to our team. Mtre Brosseau’s practice is focused on real estate law, construction law, and civil and commercial litigation. She also practices family law. Mtre Brosseau is an alumnus of Université de Sherbrooke and a member of the Quebec Bar since 2012.

Learn more

September 17, 2018

News
Mtre Bryan-Eric Lane Participates in Éditions Yvon Blais’ 5th Edition of its Real Estate Law Conference in Montreal

Mtre Bryan-Eric Lane has been invited to speak at the 5th edition of Éditions Yvon Blais’ Real Estate Law Conference, which will be held in Montreal on October 9th. The Honourable Henri Richard, Associate Chief Justice of the Court of Quebec’s Civil Division, will serve as the conference’s honorary chairman.

Learn more

September 13, 2018

News
Webinar on Latent Defects

Mtre Bryan-Eric Lane will be giving a webinar on September 14 at noon, in collaboration with Éditions Yvon Blais, on latent defects related to co-ownership.

Learn more

September 7, 2018

News
Conference on Latent Defects at the 2018 Association des avocats de province (AAP) Convention

Mtre Mélanie Archambault and Mre Bryan-Eric Lane will be holding a conference on latent defects in real estate at the 2018 Association des avocats de province (AAP) Convention, which will be held in Laval, from September 27 to 29, 2018.

Learn more

August 22, 2018

Real Estate and Construction
Exclusion of the legal warranty of quality: impacts on the subsequent buyers of an immovable
By Florence Lane Bossé, articling law student

This post, published on Éditions Yvon Blais’ blog on latent defects on August 2, 2018, discusses the judgment in Compagnie d’assurances ING du Canada v. Gervais  (Full Text | Fiche Quantum), in which the Court of Quebec reiterated the rule that a subsequent buyer has a direct recourse against a previous seller of an immovable.

Learn more

August 17, 2018

News
Conference on Latent Defects for the Bar of Outaouais

This September 5, in Gatineau, Mtre Bryan-Eric Lane will deliver a lecture on latent defects for member lawyers of the Bar of Outaouais, as part of the activities marking the fall 2018 Rentrée judiciaire (the reopening of the Courts) organized by the Bar of Outaouais.

Learn more

August 14, 2018

News
A Director of Business Development and Client Experience is now part of our team

Ms. Marie-Claude Roy Recently joined our Team as Director of Business Development and Client Experience.

Learn more

July 16, 2018

Real Estate and Construction
What do you do if you receive a claim for latent defects?
By Mtre Bryan-Eric Lane, Lawyer

Have you sold an immovable a few years ago and your buyer just notified you of a problem that he considers a latent defect? This article outlines the steps to follow upon receiving a claim for latent defects from one’s buyer.

Learn more

June 21, 2018

Real Estate and Construction
A recourse for latent defects declared abusive by the court: buyers are ordered to pay the sellers they sued more than $100,000 for their legal fees
By Mtre Mélanie Archambault, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on June 5, 2018, discusses the judgment in Tremblay v. Internoscia (Full Text Fiche Quantum), rendered by the Superior Court in 2017, in which the buyers who had sued their sellers for latent defects were ordered to pay them more than $100,000.00 for the legal fees they had to incur as a result of the recourse that the court found to be abusive.

Learn more

June 13, 2018

Real Estate and Construction
The mere presence of a contaminant cannot, in itself, constitute a latent defect covered by the legal warranty of quality in the absence of a deficit of use
By Mtre Alexandra Davanzo, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on May 24, 2018, discusses the judgment in Société en commandite de l’Avenir v. Familia Saint-Jérôme (Full Text | Fiche Quantum), in which, in 2017, the Court analyzed a claim for a reduction of an immovable’s sale price due to the soil’s contamination with oil on the basis of various guarantees, namely (i) the legal warranty of quality of section 1726 C.C.Q., (ii) the warranty against violations of public law restrictions of section 1725 C.C.Q., as well as (iii) the seller’s contractual warranty, his specific declaration to the buyer, at the time of the sale, that the immovable in question did not violate any environmental protection laws.

Learn more

June 8, 2018

Real Estate and Construction
Even if a professional seller cannot invoke the tardiness of the notification, he may nonetheless invoke the absence of any notification whatsoever
By Florence Lane Bossé, articling law student

This post, published on Éditions Yvon Blais’ blog on latent defects on April 13, 2018, discusses the judgment in Kadoch vConstruction Emmar inc. (Full TextFiche Quantum), which reminds us that the second paragraph of section 1739 C.C.Q. does not stipulate that the seller’s real or presumed awareness of a defect deprives him of the right to be notified of the defect by the buyer in writing.    

Learn more

June 5, 2018

Real Estate and Construction
Even when made in good faith, an inaccurate, false, or erroneous statement can turn an apparent defect into a latent defect for the purpose of the law’s application
By Mtre Michaël Lévesque, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on April 17, 2018, discusses the judgment in Wilhelm Ahlfors v. Crevier (Full Text | Fiche Quantum), in which the Superior Court reiterated, in 2016, that an apparent defect can become a latent defect when the seller makes specific representations as to the absence of any defects, even when these representations are made in good faith.

Learn more

May 29, 2018

Real Estate and Construction
The legal warranty of quality and latent defects: some important concepts
By Mtre Bryan-Eric Lane, Lawyer

This article, which was published in Les Affaires on March 24, 2018, outlines some important rules in matters of latent defects.

Learn more

May 24, 2018

Real Estate and Construction
The distinction between a pre-purchase inspector’s recommendation to inspect further “pre-purchase” and his recommendation to carry out work “post-purchase”
By Mtre Bryan-Eric Lane, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on January 19, 2018, discusses the judgement in Giagnotti v. Anania (Full text | Fiche Quantum), in which the Court of Appeal reminds us that recommendations made by a pre-purchase inspector to carry out certain maintenance work or repair work once the sale is completed constitute “post-purchase” recommendations that do not require any further inspection before the purchase. Therefore, in principle, such post-purchase work recommendations cannot be considered recommendations that should lead buyers to consult an expert before the sale in order to inspect further.

Learn more

May 23, 2018

News
Participation by Mtre Bryan-Eric Lane in the 2nd Construction Law Conference (Colloque Droit de la construction) of Les Éditions Yvon Blais in Montreal

Mtre Bryan-Eric Lane is one of the guest speakers at the 2nd Construction Law Conference (Colloque Droit de la construction), organized by Les Éditions Yvon Blais, which will be held this May 30 in Montréal.

Learn more

April 24, 2018

Real Estate and Construction
What do you do if you discover latent defects?
By Mtre Bryan-Eric Lane, Lawyer

You just acquired a new property that you intend to renovate over the upcoming weeks. You begin the work by dismantling the basement walls and notice mold, rotten materials, and water infiltration. You think these constitute latent defects. What do you do?

Learn more

April 23, 2018

News
Participation by Mtre Bryan-Eric Lane in the 5th Edition of the Real Estate Law Conference (Colloque Droit immobilier) of Les Éditions Yvon Blais in Quebec City

Mtre Bryan-Eric Lane is one of the guest speakers for the 5th edition of the Real Estate Law Conference (Colloque Droit immobilier), organized by Les Éditions Yvon Blais, which will be held this April 30 in Quebec City. The Honourable Henri Richard, Associate Chief Justice of the Civil Chamber of the Court of Quebec, will act as honorary chairman of this conference.

Learn more

March 16, 2018

News
Conference for the Chambre immobilière de l'Outaouais

This April 3, Mtre Bryan-Eric Lane has been invited by the Chambre immobilière de l'Outaouais to deliver a conference on latent defects in real estate and the ethical obligations of real estate brokers regarding latent defects.

Learn more

March 13, 2018

News
Report on LANE on the Television Show Histoire de succès

The television show Histoire de succès, broadcast on the V Télé channel, recently dedicated a report to our firm.

In this report, broadcast last February 23, our firm’s founder, Mtre Bryan-Eric Lane, presents our firm.

Learn more

February 23, 2018

Real Estate and Construction
A real estate broker is not bound by the legal warranty of quality, but may incur civil liability if he commits a fault towards either of the parties involved in the transaction
By Florence Lane Bossé, articling law student

This post, published on Éditions Yvon Blais’ blog on latent defects on February 20, 2018, discusses the judgement in Mainguy v. Courchesne (Full Text | Fiche Quantum) where the seller who was sued by his buyer for latent defects called his real estate broker in warranty, contending that his real estate broker had committed a contractual fault by poorly advising him when completing the seller’s declaration, failing to correct this declaration when he found that there was no question as to the state of the retaining wall, and not having informed the buyers of the retaining wall’s problem, as he had undertaken to do.

Learn more

February 21, 2018

News
Conference on Latent Defects in Quebec City

This March 16 in Quebec City, Mtre Bryan-Eric Lane will deliver a full-day conference on latent defects. During this conference, Mtre Mélanie Archambault will lead a workshop on the legal search tool Quantum Vices cachés.

Learn more

February 13, 2018

News
Webinar on latent defects

Mtre Bryan-Eric Lane will be giving a webinar on January 19th at noon, in collaboration with Éditions Yvon Blais, on notification and putting the seller in default in cases of latent defects.  

Learn more

January 18, 2018

Real Estate and Construction
The warranty of delivery: an interesting avenue
By Mtre Mélanie Archambault, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on January 15, 2018, cites the judgement in Labrie v. Vanasse (Full Text | Fiche Quantum) and the decision of the Superior Court in Robichaud v. Lemay (Full TextFiche Quantum), which deal with the warranty of delivery. Specifically, the warranty of delivery can sometimes be an interesting avenue when a seller has made specific representations to his buyer as to the specific characteristics of a property and said property ultimately is not in accordance with what had been agreed upon/represented by the seller. 

Learn more

January 15, 2018

Real Estate and Construction
Reflection on the concept of a prudent and diligent buyer
By Florence Lane Bossé, articling law student

This post, published on Éditions Yvon Blais’ blog on latent defects on January 9, 2018, discusses the judgement in the leading case Lavoie v. Comtois (Full Text Fiche Quantum), which addresses the concept of a prudent and diligent buyer. Essentially, a prudent and diligent buyer must conduct a thorough and attentive visual examination of the building and must remain alert as to any clues that could suggest the presence of a defect. If a serious doubt forms in his mind, he must investigate further.

Learn more

January 12, 2018

News
Notaries at LANE

We are pleased to welcome the notarial firm Blanchard Lupien notaires, s.e.n.c.r.l. to our offices.

Learn more

January 10, 2018

News
Webinar on latent defects

Mtre Bryan-Eric Lane will be giving a webinar on January 19th at noon, in collaboration with Éditions Yvon Blais, on notification and putting the seller in default in cases of latent defects.  

Learn more

December 12, 2017

Real Estate and Construction
The Dismissal of the Buyer’s Recourse for his Failure to Notify the Seller of the Existence of a Defect in Due Time in Virtue of Section 1739 C.C.Q. Is Not Always the Appropriate Sanction
By Mtre Bryan-Eric Lane, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on November 6, 2017 (FR), discusses the judgment in SG2C inc. v. Morin (Full text | Fiche Quantum), in which the Superior Court determined whether or not the buyer’s failure to notify the seller of a defect before beginning the corrective work should be sanctioned by the complete dismissal of the recourse.

Learn more

November 2, 2017

Real Estate and Construction
The Buyer of a Corporation’s Shares May Not Sue the Seller on the Grounds of the Legal Warranty of Quality if there is a Latent Defect in the Main Asset of the Corporation’s Patrimony
By Mtre Michaël Lévesque, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on October 31, 2017 (FR), discusses the judgment in Villa Royale inc. v. Roy, (Full text), in which the Superior Court reiterated that a corporation’s shares may not be the subject of a recourse for latent defects in virtue of the legal warranty of quality.

Learn more

October 31, 2017

News
Appointment of Mtre Bryan-Eric Lane to the Barreau du Québec’s Committee for Strategic Initiatives in Technology

Mtre Bryan-Eric Lane has been appointed to the Barreau du Québec’s Committee for Strategic Initiatives in Technology until August 31st, 2020.

Learn more

October 24, 2017

News
Conference on Latent Defects for Lawyers of the Bar of Abitibi-Témiscamingue

Mtre Bryan-Eric Lane will be providing a full-day training on latent defects in real estate for lawyers of the Bar of Abitibi-Témiscamingue on October 26th in Amos. As part of this day of conference organized by the Bar of Abitibi-Témiscamingue, Mtre Lane will also provide a presentation on the legal research tool entitled Quantum Vices cachés, which he developed alongside Éditions Yvon Blais.

Learn more

October 20, 2017

Real Estate and Construction
The Need for Distinguishing Between Corrective Work and Improvements and the Consequences of Failing to Do So
By Mtre Bryan-Eric Lane, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on October 2, 2017 (FR), discusses the importance for a buyer of an immovable, who makes a claim for latent defects against the seller, to distinguish between the cost of corrective work, which can be claimed, and improvements, which cannot, as well as the consequences for the buyer who blindly claims sums relating to both corrective work and improvements, between which the supporting documents provided by the buyer in support of his claim make no distinction. 

Learn more

October 1, 2017

Real Estate and Construction
The Self-Builder’s Liability for Latent Defects
By Mtre Bryan-Eric Lane, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on September 20, 2017 (FR), deals with the self-builder’s liability for latent defects. Specifically, an individual who undertakes a self-build or major building renovation project for which he acts as the general contractor or carries out the work himself will not be considered a simple seller when he sells his immovable; he will be presumed to know of all the defects affecting the sold property and will not be able to exonerate himself by invoking his ignorance of the defects, regardless of his level of expertise, experience, and competence and regardless of whether or not he knew of the defects.

Learn more

September 19, 2017

Real Estate and Construction
Bankruptcy Does Not Release a Seller Who Intentionally Misleads a Buyer
By Mtre Alexandra Davanzo, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on September 12, 2017 (FR), discusses the judgment in Leduc v. Vachon (Full Text), rendered in September 2016, in which the Superior Court ruled on the application of section 178(1)(e) of the Bankruptcy and Insolvency Act with regards to two sellers who went bankrupt and against whom the buyers obtained a judgment in March 2006 in the context of a recourse for latent defects. In this case, the court refused to release the sellers of their obligations under the judgment from 2006 despite the fact that they were discharged from their bankruptcy, given that they deliberately concealed that a flood occurred in the building a few days before the sale.

Learn more

August 21, 2017

News
Conference on Latent Defects

On October 6, 2017, Mtre Bryan-Eric Lane will be providing a full-day conference on latent defects for lawyers, notaries, and other real estate professionals at Le St-Martin hotel in Laval. Organized by Éditions Yvon Blais, this training is recognized for the Barreau du Québec’s and the Chambre des notaires du Québec’s mandatory continuing education hours, and is in the process of being accredited for the Organisme d'autoréglementation du courtage immobilier du Québec’s (OACIQ) mandatory continuing education units (CEUs) for real estate brokers.

Learn more

July 3, 2017

Real Estate and Construction
The Impact of a Sale Without Legal Warranty on a Recourse Brought Against a Previous Seller Pursuant to Section 1442 C.C.Q.
By Mtre Michaël Lévesque, Lawyer

This post, published in Éditions Yvon Blais’ blog on latent defects on June 29, 2017 (FR), discusses the judgment in ING du Canada v. Gervais (Full Text | Fiche Quantum), in which the Court of Quebec reminds us of the state of the law in cases of direct recourses against a previous seller who is not the last seller in the chain of title.

Learn more

June 26, 2017

Real Estate and Construction
A Recourse for Latent Defects Is a Personal Right that Is Not Lost upon the Resale of the Immovable
By Florence Lane Bossé, articling law student

This post, published on Éditions Yvon Blais’ blog on latent defects on June 19, 2017 (FR), discusses the judgment in Mazzella vRetsinas (Full Text | Fiche Quantum), which reminds us that a claim for latent defects is a personal right that persists despite the sale of an immovable during the proceedings.

Learn more

June 9, 2017

Real Estate and Construction
Error on Account of Fraud: The Error Must Be Determinant and the Buyer Must Have Exercised Due Diligence in the Circumstances
By Mtre Bryan-Eric Lane, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on June 7, 2017 (FR), discusses the judgment in Théberge v. Durette (Full Text) in which the Court of Appeal emphasizes that the error caused by the seller’s fraud must have been determinant and the buyer must have exercised due diligence in the circumstances.

Learn more

May 17, 2017

Real Estate and Construction
Derogation from the National Building Code: The Importance of Demonstrating a Deficit of Use
By Mtre Michaël Lévesque, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on May 15, 2017 (FR), discusses the judgment in Gingras v. Millaire (Full Text Fiche Quantum) and the importance for a buyer in a recourse for latent defects to prove a deficit of use.

Learn more

May 16, 2017

Litigation and Conflict Resolution
Why not try a settlement conference?
By Mtre Bryan-Eric Lane, Lawyer

A settlement conference is a process undertaken for the amicable settlement of disputes for which legal proceedings have been instituted and in respect of which the parties involved wish to reach a consensus to put an end to the legal debate sooner than is possible with the current judicial system.

Learn more

May 16, 2017

Real Estate and Construction
A Buyer’s Failure to Follow an Expert’s Recommendations and Warnings Before the Sale Is Fatal to His Claim for Latent Defects
By Mtre Bryan-Eric Lane, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on May 10, 2017 (FR), discusses the judgment in Desmeules v. 1845-0460 Québec inc. (Full Text | Fiche Quantum) in which the court reminds us that a buyer who fails to follow his expert’s recommendations made before the sale related to the signs or problems detected by said expert during his inspection is fatal to the buyer’s recourse for latent defects.

Learn more

May 4, 2017

Real Estate and Construction
The Destruction of an Immovable with a Latent Defect Does Not Exempt the Buyer from Notifying the Seller in Accordance with Section 1739 C.C.Q.
By Mtre Alexandra Davanzo, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on May 1st, 2017 (FR), discusses the judgment in Optimum, société d’assurances inc. v. Trudel (Full Text | Fiche Quantum) and studies the scope of the obligation to give notice provided for in section 1739 C.C.Q. and, specifically, the buyer’s obligation to give the seller a written notice despite the fact that the immovable with the latent defect was destroyed by fire.

Learn more

May 1, 2017

Real Estate and Construction
Demolition Is Not a Use Protected by the Legal Warranty of Quality
By Mtre Bryan-Eric Lane, Lawyer

This post, published on Éditions Yvons Blais’ blog on latent defects on April 24, 2017 (FR), discusses the judgment in Immeubles Jacques Robitaille inc. v. Province canadienne des religieux de Saint-Vincent-de-Paul (Full Text | Fiche Quantum), in which the Superior Court reminds us that the presence of a defect affecting an immovable intended to be demolished is, in principle, not covered by the legal warranty of quality, as the immovable’s use is in no way compromised by the presence of the defect.

Learn more

April 22, 2017

News
Case Study on Our Firm by Philips, Manufacturer of Digital Dictation Tools and Solutions

Philips, the manufacturer of digital dictation tools and solutions, recently performed a case study on our firm. Specifically, Philips published an article on our firm’s integration and widespread use of various digital dictation tools and speech-recognition software in the workplace.

Learn more

April 20, 2017

News
Article on Mtre Bryan-Eric Lane in the American Review Law Technology Today

On March 27th, the American website Law Technology Today published an article on Mtre Bryan-Eric Lane regarding his use of speech-recognition and digital dictation technology and their impact on his daily productivity.

Learn more

April 10, 2017

Real Estate and Construction
A Non-professional Seller who Sells a Property Without Legal Warranty at the Buyer’s Risk and Peril Need Not Disclose the Defects of Which He Was Aware Pursuant to Section 1733 C.C.Q.
By Mtre Sabrina Saint-Louis, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on March 10, 2017 (FR), discusses the recent judgment in Labrecque v. Petit (Full Text | Fiche Quantum) in which the Superior Court reminds us that a non-professional seller who sells a property without legal warranty, at the buyer’s risk and peril, need not disclose the defects of which he was aware pursuant to section 1733 of the Civil Code of Quebec (C.C.Q.). Specifically, the Court reminds us that a seller may exclude his liability under the legal warranty of quality and that, in such a case, he is not required to disclose the defects of which he was aware or could not have been unaware to the buyer.

Learn more

March 20, 2017

News
Conference on Latent Defects

On Friday, March 24, 2017, Mtre Bryan-Eric Lane will provide a full-day conference on latent defects for lawyers, notaries, and other real estate professionals at the Alt Hotel in Quartier Dix30 in Brossard. This training, organized by Éditions Yvon Blais, is recognized for the Barreau du Québec’s and the Chambre des notaires du Québec’s mandatory continuing education hours.

Learn more

March 10, 2017

Real Estate and Construction
The Seller’s Failure to Properly Perform a Repair: An Obligation of Result
By Mtre Sabrina Saint-Louis, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on March 2, 2017 (FR), discusses the recent judgment in Gingras v. Duplessis (Full Text | Fiche Quantum), in which the sellers of an immovable were ordered to pay the buyers $28,441.17 due to a crack in the foundation.

Learn more

March 6, 2017

News
Mtre Alexandra Davanzo Joins Our Firm

We are pleased to welcome Mtre Alexandra Davanzo to our team. Mtre Davanzo’s practice focuses on real estate law, civil and commercial litigation, and corporate law. Mtre Davanzo is an alumnus of Université Laval and a member of the Quebec Bar since 2015.

Learn more

March 3, 2017

Real Estate and Construction
The Importance of Alleging a Deficit of Use in the Context of a Recourse for Latent Defects
By Mtre Sabrina Saint-Louis, Lawyer

This post, published on Éditions Yvon Blais' blog on latent defects on February 25, 2017 (FR), discusses the recent Superior Court judgment in Sévigné v. Prud'homme (Full Text | Fiche Quantum), in which the court granted a motion to dismiss presented by the defendants in warranty and the defendants in sub-warranty.

Learn more

March 1, 2017

Real Estate and Construction
The Standard for a Buyer’s Prudence and Diligence
By Mtre Bryan-Eric Lane, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on February 17, 2017 (FR), deals with a fundamental concept in matters of latent defects: the applicable standard of conduct for a buyer, namely that of acting as a prudent and diligent buyer.

Learn more

February 22, 2017

News
Article on Mtre Bryan-Eric Lane’s Practice in Latent Defects on the Droit-inc. Website

On February 16th, the Droit-inc. website, a well-known news media outlet in Quebec’s legal community, published an article on Mtre Bryan-Eric Lane’s practice in latent defects and on the conferences he will provide in March and October 2017 to lawyers and notaries with Éditions Yvon Blais.

Learn more

February 17, 2017

Real Estate and Construction
The Seller’s Failure to Notify the Buyer of a Death by Overdose in a Building: Fraud?
By Mtre Bryan-Eric Lane, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on Feburary 10, 2017 (FR), which discusses the judgment in Girard v. Dufour (Full Text | Fiche Quantum), explains that a seller’s failure to notify the buyers that an overdose death occurred in the building does not constitute something that can objectively affect the value of a property, but rather something that can subjectively affect the value of a property, which the seller is not obliged to disclose.

Learn more

February 1, 2017

Real Estate and Construction
The Legal Warranty of Quality and Latent Defects
By Mtre Bryan-Eric Lane, Lawyer

What is the legal warranty of quality? What is a latent defect? While they may appear simple, the rules on latent defects are numerous and sometimes complex. Every case is different, and an analysis is always required in order to confirm whether we are in the presence of defects covered by the legal warranty of quality. In fact, and contrary to popular belief, a defect is not automatically defect covered by the legal warranty of quality.

Learn more

January 25, 2017

Real Estate and Construction
Does the Occurrence of a Suicide in a Building Before its Sale Constitute a Latent Defect Covered by the Legal Warranty of Quality?
By Mtre Bryan-Eric Lane, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on January 17, 2017 (FR), which discusses the judgment in Fortin v. Mercier (Full Text | Fiche Quantum), reminds us that within the meaning of section 1726 of the Civil Code of Quebec, a suicide does not constitute a latent defect covered by the legal warranty of quality. However, a suicide, as the court reminded us in this case, constitutes an element that is likely to influence a real estate transaction and a seller must disclose such an event to the buyer in order for the latter’s consent to be free and enlightened. 

Learn more

January 9, 2017

Real Estate and Construction
The Cost of Experts’ Assessments, Interest, and the Additional Indemnity Must Not Be Considered in Evaluating the Reasonableness of the Sale Price’s Reduction
By Mtre Sabrina Saint-Louis, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on January 4, 2017 (FR), which discusses the judgment in Paiement v. Archambault (Full Text | Fiche Quantum), answers an interesting question regarding the reduction of the sale price: when it comes time to evaluate the reasonableness of the reduction of the sale price claimed by the buyers, must we also consider the additional amounts that can be granted as reimbursement of expert fees, interest, and the additional indemnity?

Learn more

November 22, 2016

Real Estate and Construction
Real Estate Title Insurance Demystified
By Mtre Bryan-Eric Lane, Lawyer

In this video, Mtre Bryan Éric Lane provides a general explanation on real estate title insurance. Specifically, this video outlines the ins and outs of this insurance product, and, in particular, the risks/situations that are generally covered by a real estate title insurance policy.

Learn more

November 18, 2016

Real Estate and Construction
Is a Seller, Who Sold an Immovable in 1985, Went Bankrupt in 1987, and Was Then Discharged from Bankruptcy in 1988, Liable for Latent Defects First Discovered in the Immovable in 1998?
By Mtre Bryan-Eric Lane, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on November 17, 2016 (FR), which discusses the judgment in Axa Assurance inc. v. Immeuble Saratoga inc. (Full Text | Fiche Quantum), reminds us that a seller’s bankruptcy and subsequent discharge do not have the effect of extinguishing the legal warranty of quality against latent defects resulting from an act of sale concluded before the seller’s bankruptcy for latent defects discovered by a buyer after the seller’s discharge.

Learn more

November 16, 2016

Real Estate and Construction
In the Context of an Application for Resolution of a Sale, the Court Must Not Consider the Effect of Depreciation in the Assessment of the Costs of the Corrective Work Required to Correct the Defect
By Mtre Bryan-Eric Lane, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on November 14, 2016 (FR), discusses the judgment in Martin v. Brière (Full Text | Fiche Quantum), in which the Superior Court, in a judgment from the Honourable Gary D.D. Morrison, reminded us that the court must not consider the effect of depreciation when the buyer requests the resolution of the sale.

Learn more

November 12, 2016

Real Estate and Construction
Even in the Absence of Expert Evidence, the Court May Apply Depreciation to Reduce the Amount Claimed for Corrective Work
By Mtre Bryan-Eric Lane, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on November 10, 2016 (FR), reminds us that a court may, in the absence of expert evidence as to the applicable depreciation, decide to apply the depreciation that it deems appropriate. The judgment in Deslauriers v. Desmangles (Full Text | Fiche Quantum) reminds us that the court has the power to impose the depreciation it deems applicable, even in the absence of expert evidence to this effect.

Learn more

November 5, 2016

News
Collaboration between Mtre Bryan-Eric Lane and Éditions Yvon Blais for the Development of the Brand New Legal Research Tool Quantum – Vices cachés

Mtre Bryan-Eric Lane collaborated on the development of the research tool Quantum - Vices cachés, launched by Éditions Yvon Blais, this past July 12th.

Learn more

November 4, 2016

Real Estate and Construction
When Does the Period of Extinctive Prescription Begin? The Case of a Lawsuit in 2009 for a Sale in 1979
By Mtre Sabrina Saint-Louis, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on August 8, 2016 (FR), reminds us that the prescriptive period only begins when the buyer has sufficient information to proceed with the notification and not as of the discovery of the first signs if said signs only lead to mere hypotheses.

Learn more

October 25, 2016

Debt Recovery
Construction Hypothec
By Mtre Bryan-Eric Lane, Lawyer

This article outlines several basic key concepts of construction hypothecs.

Learn more

October 7, 2016

Real Estate and Construction
A Pre-Purchase Inspector’s General Recommendation to Perform an Inspection Does Not Automatically Constitute a Positive Indication of the Presence of a Latent Defect
By Mtre Bryan-Eric Lane, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on October 4, 2016 (FR),  reminds us that a pre-purchase inspector’s abstract or general warning does not, in principle, constitute a positive indication of a defect if the inspector does not detect any particular indications or signs that could indicate the potential existence of a defect related to the subject of the recommended inspection.

Learn more

September 16, 2016

Real Estate and Construction
Even a Seller’s Misrepresentations Do Not Release a Buyer from His Obligation to Act as a Prudent and Diligent Buyer
By Mtre Sabrina Saint-Louis, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on September 12, 2016 (FR), reminds us to be wary of automatic reflexes in cases of a seller’s misrepresentations. Specifically, a seller’s misrepresentations do not automatically transform an apparent defect into a legally latent defect within the meaning of the Law.

Learn more

September 14, 2016

Business Law
What Is the Purpose of a Shareholders’ Agreement?
By Mtre Bryan-Eric Lane, Lawyer

This column outlines the purpose of a shareholders’ agreement for a corporation’s shareholders. Specifically, this column highlights some very common and practical situations in which a shareholders’ agreement proves very useful.

Learn more

September 2, 2016

Real Estate and Construction
The Impact of a Claim Under a Warranty Plan on a Recourse for Latent Defects Before the Courts of General Jurisdiction
By Mtre Sabrina Saint-Louis, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on August 24, 2016 (FR), reminds us that a claim filed with the administrator of a warranty plan and the subsequent request for arbitration do not have the effect of releasing a contractor (who is a seller) from the obligations incumbent upon him under the legal warranty of quality, such that the Superior Court retains competence over a recourse for latent defects, and specifically, retains its jurisdiction to order the requested cancellation of the sale, if necessary.

Learn more

August 22, 2016

Real Estate and Construction
What Is Real Estate Title Insurance?
By Mtre Bryan-Eric Lane, Lawyer

This bulletin provides an outline of the key features of an insurance product with which, in our opinion, every real estate professional must be familiar. In particular, title insurance helps to close many real estate transactions, in addition to protecting a property owner or hypothecary creditor against the risks that a jurist (notary or lawyer) may not be able to detect in the context of his due diligence for a real estate transaction (sale or financing). 

Learn more

August 12, 2016

Real Estate and Construction
Aging, Fair Wear and Tear, and the End of a Property’s Service Life Do Not Constitute Defects Covered by the Legal Warranty of Quality
By Mtre Bryan-Eric Lane, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on August 9, 2016 (FR), reminds us that a problem/defect affecting an immovable that was discovered after the sale does not automatically constitute a latent defect covered by the legal warranty of quality.

Learn more

July 28, 2016

News
Conference on Latent Defects

Mtre Bryan-Eric Lane will provide a training on latent defects in real estate on October 21, 2016 in Montreal and on November 18, 2016 in Quebec City. 

Learn more

July 22, 2016

Real Estate and Construction
Notice of a Defect After an Unreasonable Period of Time Does Not Automatically Result in the Recourse’s Dismissal, in the Absence of a Real Prejudice Suffered by the Seller as a Result of the Delay in the Buyer’s Notification
By Mtre Sabrina Saint-Louis, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on July 22, 2016 (FR), reminds us that giving notice of a defect after an unreasonable period of time does not automatically result in the recourse’s dismissal if the seller is not able to prove a real prejudice resulting from the delay in the notification.

Learn more

July 13, 2016

Real Estate and Construction
The Principles Governing the Reduction of the Sale Price for Latent Defects
By Mtre Bryan-Eric Lane, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on July 13, 2016 (FR), discusses the principles governing the reduction of the sale price for latent defects, in light of the Court of Appeal’s judgments in Verville (Full Text | Fiche Quantum) and Lahaie (Full Text | Fiche Quantum). 

Learn more

July 8, 2016

News
Article on Mtre Bryan-Eric Lane on the Droit-inc. Website

On July 5th, the Droit-inc. website, a well-known news media outlet in Quebec’s legal community, published an article on the founder of our firm, Mtre Bryan-Eric Lane

Learn more

July 5, 2016

Business Law
The Usefulness of a Holding Company
By Mtre Bryan-Eric Lane, Lawyer

Many business people consult us to evaluate the benefits of setting up a management corporation, commonly known as a holding company. First and foremost, a holding company allows for the transfer of surplus cash  accumulated in the business (the operating company). This transfer is made through the payment of intercorporate dividends, which are generally exempt from taxes.

Learn more

July 4, 2016

News
Collaboration with Éditions Yvon Blais on its Blog on Latent Defects

From now on, Mtre Bryan-Eric Lane and Mtre Sabrina Saint-Louis will be the main collaborators on Éditions Yvon Blais’s brand new blog on latent defects. 

Learn more

June 20, 2016

Business Law
Sale of a Business: Sell the Shares or Buy the Assets?
By Mtre Bryan-Eric Lane, Lawyer

This chronicle is intended to summarize important considerations from each party's point of view.

Learn more

June 8, 2016

Business Law
The Family Trust: What Exactly Does It Allow?
By Mtre Bryan-Eric Lane, Lawyer

A trust is an independent patrimony created by a settlor and managed by one or several trustees for the benefit of the beneficiaries. The beneficiaries have no right of ownership over the property held in trust, which is instead within the trust’s separate patrimony. There are several types of trusts, but this article will focus on the discretionary family trust.

Learn more

May 9, 2016

News
Training on Latent Defects Provided to Lawyers of the Bar of Laval

Mtre Bryan-Eric Lane provided a conference on latent defects in real estate to lawyers of the Bar of Laval at the section’s annual general assembly held in Laval on May 5th, 2016.

Learn more

May 2, 2016

Business Law
Non-competition Clauses: The Importance of Drafting Prudently
By Mtre Bryan-Eric Lane, Lawyer

Outre les contrats d’emploi, on retrouve des clauses de non concurrence dans plusieurs types de contrats...

Learn more

March 24, 2016

Real Estate and Construction
Real Estate Fraud by Identity Theft
By Mtre Bryan-Eric Lane, Lawyer

Real estate fraud by identity theft is a situation where a fraudster impersonates the real owner of an immovable free of hypothecs to obtain a loan on said immovable. The fraudster shows up at the financial institution and then to the notary with fake identity cards, posing as the real owner of the immovable. Then, the fraudster cashes the loan and disappears. The fraudster then defaults on the loan and the hypothecary creditor undertakes a recourse against the immovable and the real owner.  The real owner then realizes that his immovable was hypothecated without his knowledge and that he is now subject to a hypothecary recourse for the defaulted payment of a loan he never took.

Learn more

November 20, 2015

News
Conference on Real Estate Title Insurance Provided to Lawyers of the Bar of Laval

On November 18th in Laval, Mtre Bryan-Eric Lane, together with Mtre Caroline Frappier, notary and director of business development for Compagnie d’assurances FCT Ltée, provided a training to lawyers of the Bar of Laval on real estate title insurance.

Learn more