Skip to content

Services

Finance and Lending

Loan documentation, hypothecary security, and disputes between lenders and borrowers in Quebec.

We act on the documents that put financing in place and on the disputes that follow when it goes wrong. On the transactional side that means analyzing, negotiating and drafting loan agreements, security and the rest of the package.

Security in Quebec works through the hypothec, which covers both immovable and movable property and takes its rank from publication in the appropriate register. Enforcement follows the hypothecary recourses set out in the Civil Code, and each one carries its own notice requirements, its own time limits and a different outcome for the parties. Which recourse a creditor picks, and whether notice was properly served and published, decides a great many of these files.

On the contentious side we act in enforcement and in defence, in arguments about what a facility actually permitted, and in claims between borrowers, lenders and guarantors. Having drafted this kind of document helps considerably when the argument is about what one of them means.

Where we act

  • Analysis, negotiation and drafting of loan agreements and financing documents
  • Immovable and movable hypothecs, including publication
  • Exercise of hypothecary rights and prior notices
  • Contestation of hypothecary recourses
  • Guarantees and claims against guarantors
  • Disputes over lending practices and facility terms
  • Seizures and other enforcement remedies

An engineer’s perspective

Financing documents are conditional logic written in prose. If this ratio holds, then that consequence follows, unless someone has waived it. Reading them as a system rather than as a row of clauses is an engineer's habit, and it is how you find the covenant that has quietly already been triggered.

All services

Talk to us about your matter

Tell us what has happened and we will tell you plainly whether we can help, and what it is likely to involve. We work in French and in English.

Book a consultation 514-447-9425

[email protected]
1550 Metcalfe Street, Suite 500, Montreal, Quebec H3A 1X6