Contractual and Extra-contractual Liability

Our firm’s professionals possess extensive experience in respresenting both claimants and defendants with regard to damages arising from contractual and extra-contractual liability, and in quantifying the harm incurred. Furthermore, our lawyers have all the experience required to evaluate the scope of your rights in the context of a given contract and to advise you in the exercise of those rights.

Although our lawyers are recognized for their skills in pleading cases before the courts, they can also assist you through the negotiation or mediation process. This avenue, which we frequently recommend often allows a rapid resolution of encountered problems, which in its turn makes it possible to avoid the significant costs stemming from judicial proceedings.

How we help you:

Avoiding Litigation : Our team is well aware of the costs and inconvenience of legal proceedings. Hence our reason for avoiding litigation, when possible, by adding clauses to your contracts which state theprocedures to follow in the event of conflicts.

Interpretation of Insurance Contracts: Our considerable experience in the area of insurance litigation allows us to give you a fair opinion on the scope of the guarantees contained in every insurance policy, as well as the recourses to be undertaken, and their potential for success.

We will compel your insurer to undertake your defence or to assume the resulting costs allowed for in your policy.

Class Action Suits: Having successfully dealt with class action suits with regard to claims and defence, we well equipped to guide you and let you know if this avenue is possible and advantageous.

Did you know that:

When you sign a contract with a foreign company, it is possible to arrange for any litigation arising from the contract, to fall exclusively under the jurisdiction of Quebec courts.

When an individual does not perform their contractual obligations, you still have the obligation to seek to minimize your damages.

You can be held liable for damages caused to third parties by your employees.

It is not possible to contractually exclude liability for personal injury.

It is not possible to contractually exclude liability for gross negligence or willful misconduct.

Did you know that ...

You can be held liable for damages caused to third parties by your employees.

Conferences

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Publications

2016 July 11

Non-competition and exclusivity clauses are having a hard time

On January 19, 2016, the Superior Court looked into a litigious situation which emphasises the importance of properly writing non-competition and exclusivity clauses, and the burden it can be to ensure they are respected.

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