Levelling the playing field: The rise of litigation funding in Canada
The prohibitively high cost of litigation is arguably one of the main barriers to access to justice in Canada. As in many other legal markets, the soaring cost of legal fees has created an impediment to even well resourced parties...
Should the conditional sale vendor or lessor include the electric vehicle charging unit in the deal?
Learn about the recent recognitions received by our Financial Services and Restructuring Group lawyers. Vehicles need fuel to operate. Until recently the fuel was usually a petroleum product. Conditional sale vendors and lessors of vehicles do not finance equipment to...
Bill 96: Something new or déjà vu?
On May 13, 2021, Bill 96: An Act Respecting French, The Official and Common Language of Québec (the “Bill”) was tabled by the Québec government. This Bill aims to provide for stricter protections of the French language within the Charter...
Stocked up: How startups and emerging companies can effectively utilize options to attract and retain talent
One of the most valuable assets for any company is its employees, key service providers and advisors. This is particularly true for startups and emerging companies. A talented and dedicated team is essential to a company’s growth and scaling its...
Lessons for lenders: Personal knowledge and addressing the evidentiary burden remains key
Introduction It is common for a special loans officer of a secured lender to swear an Affidavit on behalf of their financing institution in connection with enforcement proceedings. However, a recent Master’s decision, Meridian OneCap Credit Corp v Nikos Directional...
Guarantor’s payment of legal fees incurred by a lender to sue a borrower
The following is a summary of a judgment concerning the Bank’s right to be reimbursed for legal fees it incurred to sue and obtain a judgment against a surety (hereinafter called “the Guarantor”). Facts The facts of the case can...
Myron Mallia-Dare speaks with Finhaven’s President and CEO on a recent episode of the Canadian RegTech Association’s podcast
RegTech Roundup, "Founder Series - Finhaven"
Myron Mallia-Dare sat down with “DH” Kim, President and CEO of Finhaven for a fireside chat on a recent episode of the Canadian RegTech Association’s podcast. Myron discussed Finhaven’s growth and deployment of its blockchain technology based capital markets platform....
( Available in French only )
Série de portraits d’avocates dans Droit Inc.
Droit Inc.
À l’occasion de la Journée internationale de la femme, Droit-Inc propose une série de portraits d’avocates passionnées et inspirantes qui ont su conjuguer leur pratique avec leur vie de femme et leurs convictions personnelles. Claudia Desjardins Bélisle | Associée |...
Lenders beware: Control, opposability and priority of security on cash in Quebec
On December 2, 2020, the Quebec Court of Appeal (the “Court”), for reasons drafted by the Honourable Robert M. Mainville, J.A., rendered its first judgment (the “Judgment”) on the application of Article 2713.3 of the Civil Code of Québec (the...
Decentralized finance: Regulation, growth, and legal enforcement
Decentralized finance (“DeFi”) is a financial alternative offered through various cryptocurrency platforms where liquidity pools are available to investors without the need for third-party lending institutions. In the years to come, the nascent DeFi industry may shape, transform and even...