
My client went bankrupt … can I sue its sole shareholder and director?
You provided services or sold property/goods to a company that is a new customer of your business. This new client is headed by a single shareholder, who is also its sole director. You send one or more invoices to your new client, but unfortunately you cannot get paid. One day, despite several reminders, you learn […]

Disclaimer clause
Despite popular belief, a person or a business, as the case may be, can not exclude or limit its liability for moral or bodily injury to others. This means that despite the signing of such a “discharge”, you still have recourse against the author of the damage in the event that an injury occurs through […]

Shotgun !
The shotgun clause is a buy-sell clause that is written in a shareholders’ agreement to break a deadlock between them. Here is an example : The shareholder Romie offers to buy the shares of the shareholder Edward for $ 50,000.00. In this case, Edward has 2 options: 1- Accept the offer to purchase his shares […]

Is a shareholders’ agreement really necessary … part 2 !
Being a minority shareholder in conflict with a couple of majority shareholders without a shareholders’agreement is not desirable. The advantageous solutions are very limited. He can sell his shares to the majority shareholders, but these can make him wait a very long time, until they get the price they want. During this time, the majority […]

As an employer do you have an obligation to provide references ?
As for references, you have no legal obligation to give them. On the other hand, in some cases, particularly when concluding employment termination agreements, it is not uncommon for an employee to negotiate with his employer so that he can provide him with reference letters. The Civil Code of Québec states that upon termination of […]