De minimis non curat lex *

Whatever the field, class action is one of the most powerful tool in the legal arsenal in Quebec and in Canadian and American jurisdictions. It is also the tool above all so that the greatest number of litigants can have access to justice, because of the common nature of their individual situations and weight of their aggregated numbers. Class action contributes to the advancement of justice: without it, many small individual situations would never be corrected by the courts, due to the disproportionate cost of adjudicating them.

Whether they are consumers harmed by unscrupulous multinational companies, citizens helpless in the face of environmental pollution or nuisance from neighboring industries, investors shareholders or small savers deceived by dubious accounting and fraudulent financial schemes, we have a cutting-edge expertise, widely recognized in the field, and we will use it in order to assert the rights of the greatest number.

Judilex Avocats - your rights, our expertise.

* Latin locution : law does not concern itself with minors or trifling matters.

Divided between two procedural stages, before and after the authorization granted by the court, the proceedings in class action law could be very often the occasion to conduct litigious cases for several years, during which the confidence between the representative of the members of the class and its lawyers remains central.
At Judilex, we will study any class action file. Not all cases can qualify as a class action and we will inform you if your rights can be presented and defended in court, depending on the specific criteria imposed by this procedure and the issues raised. When this is the case, we will form a real team with you so that your rights and those of all the members represented can triumph.
We can also advise and represent you in matters of public and administrative law.
We will be at your side in any situation raising constitutional law issues or involving the action of the federal and provincial governments, whether in the field of the protection of fundamental rights and freedoms, in environmental law and all other matters involving the rights of citizens in administrative law.

Articles

Articles eng

Acquired rights and security of your property

Every building owner knows it well: municipal bylaws can be modified, canceled, replaced by others, without necessarily informing you each time. Faced with this reality, it is always useful to remember that your building can however benefit from acquired rights.

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Hidden defects in a purchased building : what can you do ?

Unpleasant surprises can arise after the purchase of a property. Hidden defects are quite common and require the buyer to make a good decision, without delay. Reminder of what to do then.

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The departure clause: the actual debate on its validity.

In 2021, the Administrative Housing Tribunal rejected the request to evict a tenant from a housing cooperative, under a clause of departure from the dwelling. A look back at this decision, which questions the validity and application of the departure clauses in some situations.

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New draft regulation modifying lease forms

On July 21, 2021, a draft regulation amending the Regulation respecting mandatory lease forms and the particulars of a notice to a new lessee was published in the Gazette officielle du Québec. Several modifications to the mandatory leases of the different types of housing are indicated there.

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The obligations of the syndicate of co-ownership in matters of insurance

The condominium associations (syndicates) are required to comply with several obligations in the insurance of their buildings: here is a reminder of these main obligations, in force since April 15, 2021.

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The silences of the Declaration of co-ownership

In a unanimous judgment, the Quebec Court of Appeal said that the silences of the declaration of co-ownership cannot be interpreted by the courts without taking into account the presumptions imposed by law, and without evidence to the contrary that could rebut these presumptions.

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Insurance of your condo: the evolution of article 1074.2 of the Civil code of Québec

In 2018, the rules governing the insurance of your condominium were widely revised following the adoption of Bill 141. This revision was based on the work of committees dedicated to insurance reform into condominiums in Quebec since 2011 …

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Notice of termination of employment: the reasonableness of article 2091 C.c.Q.

When an employer has to terminate an employee's permanent contract, the factual circumstances will be decisive in order to manage this dismissal appropriately. They are also used to assess the reasonable notice that may be due to this employee.

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Adoption of Bill 16: significant changes applicable to the co-ownership syndicate

On December 5, 2019, Bill 16 was passed by the National Assembly. From January 10, 2020, a series of new important obligations will have to be respected by the co-ownership syndicate in the management of its building.

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Adoption of Bill 36: meetings of the Board of directors and members assemblies facilitated.

Adopted on November 5, 2019, Bill 36 amends the Companies Act applying to provincial NPOs. This act now allows for remote decision-making and voting at meetings of boards of directors and assemblies of members.

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Adoption of Bill 16: new procedures rules for the Rental board.

On December 5, 2019, Bill 16 was adopted by the National Assembly. Numerous changes are made to the proceedings rules of the Rental Board tribunal, framing demands filed by the parties with more severity.

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Housing cooperative: the departure clause of the tenant.

In Quebec, the tenant has the right to maintain occupancy of their dwelling. However, this principle of housing law knows certain exceptions, one of which being the corporate and contractual nature of a housing cooperative.

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Dismissal of the director of a non-for-profit organization and a cooperative.

All boards of directors are well aware of this: the powers and capacities that directors exercise are conferred on them by the assembly of members of their non-profit organization (NPO) or their cooperative.

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Adoption of Bill 16: more transparency in the management of your condominium association.

In addition to the other changes made to the law of co-ownership, the adopted Bill 16 modifies and specifies several rights and obligations of the co-owners meetings and syndicate, adding transparency to the management of your co-ownership building.

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Bill 16: the rights of the buyer of a condo better protected.

Since January 10, 2020, the date of entry into force of many changes made by Bill 16, the transactions of buyers of private condominium units have been better protected. Indeed, new obligations are imposed on the promoter-builder of a condominium.

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The member of a cooperative called to a meeting of the board of directors: a rigorous exercise.

Whatever the type of cooperative, members sometimes have to answer for their conduct before the board of directors. However, this disciplinary power must be exercised in accordance with the provisions set by sections 57 to 60.2 of the Cooperatives Act.

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