Publications

The Civil Code of Québec (“C.C.Q.”) defines the contract as being ” an agreement of wills by which one or several persons obligate themselves to one or several other persons to perform a prestation “[1]. A contract is formed by the mere exchange of consents between persons capable of entering into a contract[2] (“the parties“),…

The non-competition clause: not just for the employment contract A non-competition clause is a versatile and indispensable tool, which is found more particularly in two situations: (i) in employment contracts and (ii) in commercial transactions. However, although such clause bares the same name in both cases, the rules governing its drafting will be different depending…

We want to congratulate Me Valentin Tanasescu for being called to the bar on March 13th at the Palais de Justice de Montréal. He will contribute to expanding and solidifying our team at Ponce Avocats! Mr. Tanasescu decided to continue with the firm after completing articling under the supervision of Me Jean-Philippe Ponce. We wish…

You are self-employed, and are thinking about incorporating your activities? Then this article is for you. We will outline the major benefits and some of the responsibilities that come with incorporation. The Benefits  Limited liability As a self-employed worker, your assets are the ones that guarantee the execution of your professional engagements. By incorporating your…

When labour relations between an employer and his employee become strained or even impossible, the solution that a number of employers are considering, is to find a way of getting rid of said employee by forcing a dismissal. However, an employee who has accumulated more than two years of continuous service with that employer, may…

Generally, a shareholders’ agreement is based on three pillars: clauses relating to the purchase and sale of shares, clauses aimed at regulating behaviour between shareholders and finally clauses pertaining to the company’s administration. Purchase and sale of shares – When a shareholder withdraws himself from a company, whether voluntarily, or not, regardless of the reason,…

With the legalization of recreational cannabis this past October, several questions remain regarding the challenges this legalization brings to the workplace. Indeed, concerns remain on how to reconcile one’s rights and freedoms, with the employer’s obligation to ensure everyone’s health and safety in the workplace. While federal law provides little to no framework for the…

Once you have decided to incorporate your future business, you will have to choose between incorporating it under the federal CBCA (Canada Business Corporations Act) or the provincial BCA (Business Corporations Act). Before the adoption of the BCA in 2011, this choice was of greater importance, because the former applicable provincial law (1A of the…

It is with great pleasure that we’d like to officially announce the availability of our new website, following the recent launch of our legal practice named Ponce Avocats.