Civil and Commercial Litigation
At PME Avocats, we have honed our expertise in civil and commercial litigation before a wide variety of judicial authorities. We are fully qualified to represent you in your lawsuits and, when possible, negotiate with you and on your behalf in order to arrive at satisfactory settlements. We implement all the required measures, always ensuring that they remain proportionate to the fees that are charged. Civil law is an extensive, complex field, so please feel free to contact us for all your legal problems. For general guidance, below, you will find a partial listing of our areas of speciality.
ur firm intervenes in disputes involving majority and minority shareholders, as well as corporate officers. We will see to it that your rights are respected, in accordance with all applicable private agreements and in compliance with the provisions of corporate law.
Real estate litigation
ur real estate litigation cases include matters related to execution of title (forcing the execution of a sale following a promise to purchase), acquisitive prescription (also called usucaption) and the acquisition or expiration of rights with the passage of time, easements and rights of way, latent defects, enforcement of commercial and residential lease agreements, compliance with municipal regulations, settlement of disputes with neighbors, and requests for safeguard orders.
hether you’re in business or an individual, you enter into various contracts and agreements on a daily basis. Regardless of whether they’re written or verbal, by law, they create obligations between you and the other party. As a result, problems can arise in relation to their fulfillment or interpretation. You may simply be wondering if it’s possible to terminate an agreement, if a contract was poorly executed, or what legal recourse you may have against the other party. Don’t hesitate to call on our services for legal advice in these types of circumstances.
f you’re in the construction industry, you should know that the law provides certain mechanisms and benefits specifically related to your field. For example, under certain conditions, you have the right to file a legal hypothec, a powerful tool that can prevent the owner of certain types of property from selling it without paying for services that have been rendered. If you take on a construction project, it’s important to contact your legal consultants so they can inform you of the corresponding deadlines. Whether you’re the business owner or the client, don’t hesitate to contact us to learn about your civil rights and responsibilities according to the Quebec Building Authority (RBC) and the Commission de la construction du Québec (CCQ)..
Extra-contractual and civil liability
n some cases, you may be held civilly liable for your actions, while in others, you may suffer damages that trigger the civil liability of a third party. In either case, there are certain legal criteria that must be met, including fault, damages and a causal relationship. Furthermore, there are different kinds of damages that can be claimed, including monetary, moral and punitive. We invite you to contact us to help you sort it all out. Sometimes, there are strict deadlines that must be met in order to bring an action or file a claim, for example, in lawsuits against cities or municipalities. Therefore, it’s very important to speak to a legal advisor as soon as possible.
n the event of a dispute with your insurer, for example, if the company refuses to compensate you, don’t hesitate to contact us. The fact is that many insurance-related disputes stem from the interpretation and application of the insurance policy. On this front, the courts have issued important rulings on various matters and have interpreted various clauses. In these kinds of circumstances, we can inform you of your rights in relation to your insurer.
Mortgage remedies and collateral
hether you’re an individual or a businessperson, your real property may be mortgaged or used as collateral to guarantee the payment of a debt to a third-party creditor. If you’re in business, it’s even possible that some of your moveable assets are collateralized or encumbered by mortgages. On the other hand, if you’re an unpaid creditor and the loan is covered by a mortgage or collateral, you have certain specific rights. Mortgage remedies, such as property seizures and court-ordered sales, provide effective means of recovering unpaid debt. Our attorneys can advise you in these types of proceedings.
n the event that you haven’t received payment from a client for whom you’ve provided goods or services, we can act on your behalf to recover these debts. We will manage every aspect of the case for you, from issuing a formal notice to enforcing the final judgement. Furthermore, if your claim is for less than $15,000, we can assist you in preparing your case for presentation in small claims court. Don’t hesitate to contact us for more information.
Injunctions and extraordinary remedies
nder certain circumstances, it’s necessary to seek extraordinary remedies, for example, injunctions, special court orders, safeguard orders and property seizures. Considering that the courts generally require grounds for urgency if you wish to obtain a quick judgement, it’s important to get in touch with us as soon as possible. The courts can even order permanent injunctions.
Municipal and administrative law
t PME Avocats, it’s our goal to offer our business clients the most comprehensive services we can. That’s why we have honed our expertise so we can effectively represent you in certain municipal or administrative courts in the event of a dispute. For example, we represent clients in municipal court in various matters, including vested rights, occupational certification and zoning, and in proceedings before the Régie des Alcools, des Courses et des Jeux (RACJ), the department that regulates alcohol, racing, gaming and other similar activities. Please feel free to contact us.
f you would like to appeal a court ruling in the appellate court, you should be aware that you have 30 days from the time the Notice of Entry of Judgment. We urge you to contact us as soon as possible. Our team can take charge of your case and represent you in the Quebec Court of Appeal.