In the last few weeks, I have joined the Hong Kong Canada Business Association as a board member, looking forward to leveraging my legal expertise and problem-solving abilities to support our members to achieve their business goals. I also watched Inside Out 2 in the cinema, and I loved it. When the trailer only showcases the four new emotions — anxiety, envy, embarrassment and ennui — I noticed that nostalgia and sarcasm also flashed through Riley’s mind! I can’t wait to watch Inside Out 3, where I hope more interesting emotions, such as courage, calmness and gratitude, will develop in Riley’s system.
This post aims to report the Quebec Court of Appeal judgment on Promark Electronics Inc. v. Bombardier Recreational Products inc., 2024 QCCA 906 rendered on July 11, 2024, in which the Court confirms that the territorial jurisdiction of courts (Art. 41 para. 3 Code of Civil Procedure) is established based on the elected domicile provided for in Art. 83 Civil Code of Québec, but not based on the election of domicile indicated in the Québec Enterprise Register under the Act respecting the legal publicity of enterprises (“ALPE”). In other words, when the defendant is a legal entity, although we may serve a legal proceeding to the defendant at its elected domicile indicated in the Québec Enterprise Register, the Court having territorial jurisdiction to hear the case is the Court of the defendant’s head office that carries business activities or if applicable, to their elected domicile stated in the written contract.
Continue reading “Statutory Interpretation in Québec: The Elected Domicile Indicated in the Québec Enterprise Register Cannot Provide a Basis for Territorial Jurisdiction of the Courts – #78”