It is often observed that sellers who sell their property without a legal warranty imagine that by doing so, they will be released from any possibility of legal action in connection with the sale of the property in the future.
The rules on family patrimony were introduced into the Civil Code of Québec (C.C.Q.) more than 30 years ago. The law that introduced these rules bears a title that sums up quite well the legislator’s objective: Act to Amend the Civil Code of Québec and Other Legislation in Order to Favour Economic Equality Between Spouses. The new rules aimed to rebalance the assets/property of married couples at the time of separation.
Since March 15, 2020, the time limits for civil proceedings and the periods for extinctive prescription and forfeiture in civil matters have been temporarily suspended due to the state of emergency related to COVID-19.
We are pleased to announce that Mtre Geneviève Limoges has joined our team. While Mtre Limoges’ practice focuses on real estate law, civil and commercial litigation, and construction law, she also has significant experience in family law.
You are party to a contract and the COVID-19 pandemic is preventing you or the other party from performing contractual obligations? This article explains the concept of force majeure and the possibility, in certain cases, of being released from contractual liability when it is impossible to perform contractual obligations due to a superior force event.
The impact of the COVID-19 pandemic is felt throughout the judiciary and even in family courts, where some parents apply for a change in the custody or access order because the other parent (or his/her spouse) works in essential services, particularly in the health care system.
Following the recent measures announced by various levels of government in response to the COVID-19 pandemic, we wish to inform you that we are maintaining our activities at our Laval and Blainville offices.
On March 13, 2020, by way of Order in Council No. 177-2020, the Government declared a health emergency throughout Québec territory under section 119 of Public Health Act (chapter S-2.2) for a period of ten (10) days, which is renewable.
Mtre Bryan-Eric Lane was guest speaker at the Faculté des Mordus event in Boucherville on January 18. The event was organized by the Mordus d’immobiliergroup, with over 350 attendees enjoying the full day of real estate presentations.
Last December 6, Mtre Bryan-Eric Lane, in collaboration with Éditions Yvon Blais, gave a webinar on remedies against previous sellers for latent defects, and remedies against stakeholders involved in the construction of a building.
Did you know that recent cases of stolen and leaked personal data have increased the risk of real estate fraud by identity theft? Le Journal de Québec recently published an article entitled« Les infos volées chez Desjardins pourraient servir à des fraudes immobilières», which discusses the increased risk of real estate fraud by identity theft following the recent cases of personal information theft that have recently made headlines in the past weeks. This article explains what real estate fraud by identity theft is and how you can protect yourself from this real and growing risk by purchasing real estate title insurance.
Are you recently separated from your spouse and want a divorce? Do you want to know where to start to see if an amicable agreement is possible? Do you prefer to settle the terms of your divorce amicably with you spouse in order to avoid it degenerating into a legal battle that can be long and costly, both financially and emotionally?
The law stipulates that an undivided co-owner who is unable to enjoy his property because of another co-owner’s exclusive use and enjoyment of the property is entitled to claim an indemnity from the one with exclusive use of the property for a given period.
Disciplinary law is the branch of law dedicated to controlling the conduct of professionals governed by a professional order, in accordance with the specific standards that govern the exercise of a profession. This area of administrative law is said to be sui generis, or “of its own kind,” in that each profession is governed by its own laws and regulations. Moreover, the disciplinary process touches on certain principles of civil and penal law, making it a hybrid legal system.
This post, published on Éditions Yvon Blais’ blog on latent defects on April 2, 2019 (FR), 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.
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.
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.
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.
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.
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.
This post, published on Éditions Yvon Blais’ blog on latent defects on May 24, 2018 (FR), 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.
This post, published on Éditions Yvon Blais’ blog on latent defects on January 19, 2018 (FR), 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.
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?
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.
This post, published on Éditions Yvon Blais’ blog on latent defects on February 20, 2018 (FR), 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
In this video (FR), 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.
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.
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.
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).
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.
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.
The non-competition clause seeks to protect a business against potential competition from a key person, such as an important employee, a shareholder, or a seller who sells his business’ shares, following said person’s departure from the business.
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.