PFD | Litigation

  • January 2020
    PFD | Litigation

    Commercial leases: Terminating a lease and evicting a tenant without Court intervention

    By Stéphane Jetté Lawyer
    Many commercial landlords insert in their leases a clause which stipulates that in the case of a default on the part of the tenant, they can evict the tenant without obtaining a Court order beforehand. In other words, with such a clause, landlords may evict a commercial tenant simply because they consider that a tenant has defaulted.

  • September 2017
    PFD | Litigation

    Airline overbooking and remedies for passengers

    By Jean-François Carrier Lawyer
    In summer, many Québecers fly to destinations around the world on holidays or a trip of a lifetime. But the dream can quickly become a nightmare when passengers cannot check in or board their flight due to overbooking: when the airline oversells seats on an airplane. We all recall the unfortunate situation encountered by a United Airlines passenger this spring and hope to never experience something similar.

  • September 2016
    PFD | Litigation
    The Julie Snyder File

    A reminder regarding "Norwich" orders

    By Shane Goldman
    On the 14th of July, 2016, the Superior Court of Quebec rendered a decision forcing Claude Viens, Groupe Sécurité Garda Inc. and Groupe Sécurité Garda s.e.n.c. (hereinafter referred to as "Garda") to reveal to Julie Snyder the identity of the person or people who were having Garda investigate her. One day later, Justice Robert M. Mainville of the Quebec Court of Appeal refused to hear an appeal of said decision (Groupe de sécurité Garda inc. c. Snyder, 2016 QCCA 1181).

  • January 2016
    PFD | Litigation

    Disputes between tenants: When should a landlord intervene?

    By Pascal Comeau Lawyer
    In residential and commercial leases, a tenant's behaviour may become a source of frustration for others and lead to complaints pertaining to excess noise, parking rights, cleanliness, signage and a myriad of other reasons. When faced with the grievances of unhappy tenants, a building owner must quickly take action to stop the unruly tenant's behaviour. In fact, under the Civil Code of Québec, a landlord has an obligation to provide lessees with peaceable enjoyment of the property. In other words, the landlord must ensure that none of the tenants become a nuisance to the others.

  • December 2015
    PFD | Litigation

    The Court of Appeal of Québec raises the importance of freedom of expression in matters of public interest

    By Marc-André Nadon Lawyer
    Freedom of expression and the right to one's reputation are guaranteed under the Canadian and Québec charters of rights. In the age of social media and web revolution, while expressing opinions and criticisms that are harsh, negative or indelicate may be appealing, it is certainly not without any risk. Recently, the Human Rights Tribunal heard a complaint filed by Jérémy Gabriel against Mike Ward. In fact, many people vehemently denounced the comments made by Ward and the serious damages suffered by Gabriel whereas others defended the humorist and the right to freedom of expression and satire. In another case that captured the province's attention, Eddy Savoie, the wealthy owner of Résidences Soleil retirement homes, was forced to pay nearly $300 000 in moral and punitive damages and legal fees to the daughter of a former resident whom he tried to sue for defamation (Savoie v. Thériault-Martel, 2015 QCCA 591). Then, in another case, the City of Sainte-Marthe-sur-le-Lac was ordered by the Superior Court to pay approximately $ 1.9 million to an engineering firm that it had unjustly accused of misappropriation of funds and fraud, including amounts for moral damages that exceeded the previously established threshold set out by the Quebec Court of Appeal for moral damages arising of corporate defamation (RB consultants inc. v. Ste-Marthe- sur- le-Lac (City of), 2015 QCCS 3824 ) .