Have you been appointed as the liquidator (also known as the “executor”) of a recently deceased loved one’s “succession” (also known as the “estate”)? In a column published on the news site of Tremblant Express, Mtre Bryan-Eric Lane summarize the main steps involved in the settlement of a succession in the province of Quebec.
We are very pleased to welcome Mtre Yves Bastien to our team! With over 35 years of experience, Mtre Bastien is a seasoned litigator, renowned for his expertise in civil and commercial disputes, as well as in real estate law.
The end of 2023 was marked by the entry into force of a new law with significant influence on the Quebec judicial system, particularly on the notarial profession. In fact, this law established new notarial standards which will improve access to justice and strengthen the notary’s role as a public officer.
At the heart of real estate transactions in Quebec is an essential, yet often misunderstood and underestimated figure: the notary. This impartial legal professional’s mission is to protect the interests of all parties involved in the real estate transaction. Notaries possess specialized legal expertise that allows them to effectively advise their clients at every stage of the process.
Notaries are among the individuals authorized by law to perform civil marriages. Compared to other officiants, notaries offer greater flexibility in terms of schedule and location.
We are delighted to welcome Mtre Jessica Nadon to our real estate law team. Member of the Barreau du Québec since 2010, she began her career with a law firm located on the North Shore of Montreal, focusing primarily on family and civil law.
We are pleased to announce that Mtre Joëlle D’Amour-Citté has joined our team. A graduate of the Université de Montréal Law Faculty, Mtre D’Amour-Citté completed her professional training at the École du Barreau du Québec in 2021.
We are pleased to announce that Mtre Philippe Lacombe has joined our team. A Université de Sherbrooke Law School graduate, Mtre Lacombe completed his professional training at the École du Barreau du Québec in 2022.
There are several advantages to operating your business through a corporation. In this article, I will walk you through the basic features of business corporations and the benefits of incorporation.
We are delighted to welcome back Mtre Zoé Delisle. After gaining a solid experience in real estate law, insurance law, and construction law within the litigation department of a major insurance company, she has decided to return to our firm, where she started her career.
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.
In the Placements Beauvais-Chabot v. Fogel decision, rendered in 2014, the Court of Appeal ruled that the mere presence of a pipe that might constitute an indication of the presence of an underground tank is not a certain warning sign of a soil contamination problem.
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 Ariane Vanasse has joined our team. Mtre Vanasse’ practice focuses on real estate law, civil and commercial litigation, and co-ownership law.
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.
We are pleased to announce that Mtre Boisclair has joined our team. Mtre Boisclair’s practice is focused on real estate law, co-ownership law, as well as civil and commercial litigation.
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.
This post discusses the concept of urgency in family law courts and summarizes some relevant and recent family law decisions related to the COVID-19 crisis.
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.
Last November 27, Mtre Bryan-Eric Lane, in collaboration with Éditions Yvon Blais, gave a webinar on expert opinions in respect of remedies for latent defects.
Mtre Aliona Bancila and Mtre Bryan-Eric Lane will be participating in the television series L’enfer, c’est chez nous, premiering this March on Canal Vie.
This article, published in the Éditions Yvon Blais’ "Droit immobilier en bref" in 2018 (FR), explains the general ins and outs of real estate title insurance, outlining certain risks normally covered by such insurance that a jurist, notary or lawyer, may not be able to detect as part of his due diligence prior to a real estate transaction.
In this video (FR), Mtre Bryan-Eric Lane explains the four conditions specifically required by law for a defect to be covered by the Civil Code of Quebec’s legal warranty of quality.
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.
Evidence as to the best interests of the child in custody matters is not always easy. The court has broad discretion in its assessment of the evidence presented.
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 real estate on February 7, 2019 (FR), deals with the decisions rendered in Services immobiliers Gestram inc. (Sotheby's International Realty Quebec) v. Ohannessian by the Court of Appeal (Full Text) and Paradis v. Trudel by the Superior Court (Full Text), in which the court discusses the legitimacy of the assignment of a claim for a real estate broker’s compensation from a real estate agency to its broker.
This post, published on Éditions Yvon Blais’ blog on real estate on February 7, 2019 (FR), deals with the decisions rendered in Services immobiliers Gestram inc. (Sotheby's International Realty Quebec) v. Ohannessian by the Court of Appeal (Full Text) and Paradis v. Trudel by the Superior Court (Full Text), in which the court discusses the legitimacy of the assignment of a claim for a real estate broker’s compensation from a real estate agency to its broker.
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 June 5, 2018 (FR), 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.
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.
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.
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 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.
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.
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.
This post, published on Éditions Yvon Blais’ blog on latent defects on January 15, 2018 (FR), cites the judgement in Labrie v. Vanasse (Full Text | Fiche Quantum) and the decision of the Superior Court in Robichaud v. Lemay (Full Text | Fiche 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.
This post, published on Éditions Yvon Blais’ blog on latent defects on January 9, 2018 (FR), 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.
Mtre Bryan-Eric Lanewill 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.
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.
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.
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.
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.
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.
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.
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.
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.
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?
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 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.
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.
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.
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 article 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).
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.
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.
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.
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.
Have you been appointed as the liquidator (also known as the “executor”) of a recently deceased loved one’s “succession” (also known as the “estate”)? In a column published on the news site of Tremblant Express, Mtre Bryan-Eric Lane summarize the main steps involved in the settlement of a succession in the province of Quebec.
