WORD OF WELCOME FROM THE CHAIRHOLDER

It is my great pleasure, as Chairholder, to welcome you to the Web site of the Notarial Chair of the Université de Montréal.

The creation of the Chair-the result of close cooperation between the Law Faculty of the Université de Montréal and the Chambre des notaires du Québec-is a worthwhile initiative whose purpose is to support the development and influence of notaries and their profession. The preferred means for doing so are many and include, among others, the carrying out of studies, the establishment of a Web site, the organization of conferences, the granting of bursaries and the promotion of international exchanges. The Chair seeks to foster the exchange of ideas and to support scientific research relating to the notarial profession.

Just a few years after its establishment, the Notarial Chair of the Université de Montréal continues to be ever more visible within academic and legal circles.

In the next few pages, you will find a report of the activities that took place during the 2004-2005 academic year. The numerous scientific activities held here at the Law Faculty of the Université de Montréal and at other civil law faculties are clear evidence of the dynamism of the Notarial Chair of the Université de Montréal and of its Chairholder, Professor Brigitte Lefebvre.

Report of Activities for the 2004-2005 Academic Year

Introduction

The Notarial Chair of the Université de Montréal (hereinafter referred to as the "Notarial Chair") is an academic chair whose mission is to support the development and influence of notaries and their profession. This mission is carried out through the research activities of its three researchers and through the other scientific activities organized by the Chair that deal with matters of interest to the profession. During the first year of her mandate, the new Chairholder pursued activities in keeping with those initiated by her predecessor, in order to capitalize on previously acquired strengths. Consequently the Roger-Comtois Conferences, a series of monthly conferences and a symposium were held. Through the financial support of the Chambre des notaires du Québec, the Chair was able to organize the 17^th Entretiens Jacques-Cartier, an international conference where academics, professors, researchers and practicing notaries from within the French and Québec legal systems were able to mingle. It is hoped that close cooperation between academics and professionals will continue in order to encourage the exchange of knowledge between them.

During the first year of her mandate, the new Chairholder undertook to develop the Chair's international activities by establishing links with foreign jurists from both the academic and practicing worlds. The exchange of information with these foreign jurists will serve to position the Québec notarial profession on the international scene. Thus, the Chairholder strengthened ties with certain foreign institutions, such as the Université Panthéon-Assas (Paris II), which offers the DESS notarial program, and the Université libre de Bruxelles, which offers a notarial licence degree. Moreover, the Chairholder met several times with the directors of the ARNU-Paris (Association rencontres notariat-université) in order to explore the possibility of creating a Québec section of the ARNU which would allow the Québec and French notarial professions to benefit from education and the exchange of information among jurists, notaries and academics. In a world in which borders are moving closer and closer together, Québec notaries are more likely than ever to face issues involving matters of comparative law and private international law.

The Notarial Chair fulfilled its mission to promote the Québec notarial profession by providing financial support for scientific activities organized with other Québec and Canadian universities. The Chair's involvement is particularly important in order to ensure visibility for the notarial profession within law faculties that do not offer a diploma in notarial law. Thus, over the past year, the Chair associated itself with certain activities offered by McGill University and by the Civil Law Section of the University of Ottawa, as well as with UQAM's Groupe de réflexion en droit privé. The Chair also hosted activities at the Université de Sherbrooke and at the Université Laval, where the notarial profession is already represented.

Supporting the development of the notarial profession also requires involvement at the student level. In this regard, the Chair facilitated the participation of certain lecturers in courses offered by the Université de Montréal as part of its Bachelor of Law program, in order to provide students with a more "notarial" vision of our positive law. Furthermore, a notarial legal clinic was established. The Chair also provided financial support by granting bursaries to students in the Notarial Studies Program of the Université de Montréal. Finally, the Chair launched its first legal writing competition on a subject of interest to the notarial profession; the competition was open to undergraduate students at all universities offering a Bachelor of Law degree.

The 2004-2005 academic year saw a large number of activities all of all types intended to support the development and influence of the notarial profession, ensuring its survival and continuity.

As Chairholder, it is my pleasure to submit this report of activities held during the 2004-2005 academic year-activities that are clear evidence of the dynamism of the Notarial Chair of the Université de Montréal-and to briefly present the activities scheduled for the 2005-2006 academic year.

1- Scientific Activities for the 2004-2005 Academic Year

The following is a report of the Chair's activities held at the Université de Montréal as well as at other universities over the past twelve months.

A- Roger-Comtois Conference Series

The third annual Roger-Comtois Conference was held on November 23, 2004. During the conference, Me François Frenette, a notary and editor of the Revue du notariat, spoke about the notarial profession and its contribution to the development of Québec legislation in a speech entitled "Le notariat et sa contribution à l'évolution de la législation québécoise". The conference was followed by a reception.

The text of the conference was published in the Éditions Thémis.

B- 2004-2005 Notarial Chair Conferences Held at the Université de Montréal

In addition to the annual Roger-Comtois Conference, six activities were held at the Université de Montréal during the 2004-2005 academic year.

All activities were offered free of charge and participants were able to register online through the Chair's Web site.

All conferences, including the Roger-Comtois Conference, were advertised on the Chair's Web site and in Entracte, the newspaper of the Chambre des notaires. In this regard, this year, once again, we would like to thank Mr. Antonin Fortin, Director of Communications at the Chambre des notaires. In addition, with the further cooperation of the Chambre des notaires, advertising for each of these activities was distributed electronically to notaries throughout the Montréal area and, in certain cases, to all notaries in Québec.

On September 15, 2004, in connection with the Fêtes du bicentenaire du Code civil français, the Chair, in cooperation with the Chambre des notaires, welcomed to the Faculty Me Jean-Paul Decorps, Chair of the Association du notariat francophone and Honorary Chair of the Conseil supérieur du notariat (France), who spoke about the State and the future of the notarial profession in a lecture entitled "L'État et l'avenir de la profession notariale".

The second activity was held on September 23, 2004. Mr. Julio César Rivera, a professor at the National University of Buenos Aires spoke on the topic of the recodification of Argentinian civil law as seen through the Argentinian and Québec experience; his lecture was entitled "La recodification du droit civil argentin: expérience de l'Argentine et du Québec".

On October 8, 2004, a one-day symposium entitled "L'impact des technologies nouvelles sur l'évolution des grands principes juridiques" (Impact of New Technologies on Changes in Major Legal Principles) was held in connection with the Dix-septièmes entretiens du Centre Jacques Cartier. This was an activity jointly organized by the Notarial Chair, the L.R. Wilson Chair on Information Technology and Electronic Commerce of the Université de Montréal and the Law and Political Science Faculty of the Université Lyon II. Professor Pierre Ciotola, former Chairholder, chaired the symposium's scientific committee. The event was sponsored by the Chambre des notaires du Québec.

The event was a major success, with over 140 participants. The program for the event was available on the Chair's Web site. It was also advertised in the August 2004 edition of Entracte which is sent out to notaries in the greater Montreal region. Twelve texts, representing the proceedings of the symposium, were published in a special edition of the Revue du notariat in December of 2004 ((2004) 106 R. du N.).

On January 27, 2005, Professor Louise Langevin of the Law Faculty of the Université Laval spoke on the topic of the notarial profession and the protection of lay sureties in a speech entitled "La pratique notariale et la protection de la caution profane". The text of her conference was published in an article entitled "L'obligation de renseignement, le cautionnement et les dettes transmises sexuellement" (The Obligation to Inform, Suretyships and Sexually Transmitted Debts) in the McGill Law Journal ((2005) 50 McGill L.J. 1 47).

On February 17, 2005, Professor Pierre Ciotola, also an Associate Researcher of the Chair, presented a lecture entitled "Le testateur et son clone inavoué, le juge: clones difformes ou conformes dans la recherche des intentions du testateur" (The Testator and His Undisclosed Clone, the Judge: Deformed or Properly Formed Clones in the Search for Testator Intent). The text of the study was published in two parts in the Revue juridique Thémis ((2005) 39 R.J.T. 1) and in the Revue du notariat ((2005) 107 R. du N. 239).

Finally, on March 31, 2005, Ms. Sylvie Berthold, honorary notary and lecturer at the Law Faculty of the Université de Montréal, presented a conference entitled "La fiducie: outil efficace de protection contre les créanciers en contexte d'insolvabilité?" (The Trust: Effective Tool to Protect against Creditors in Cases of Insolvency?).

C- Activities Sponsored by the Chair in Other Universities

Activities sponsored by the Chair were held in various law faculties in Québec and at the University of Ottawa during the 2004-2005 academic year. The following is a summary.

1. University of Ottawa and Université Laval

Ms. Sylvie Berthold, honorary notary and lecturer at the Law Faculty of the Université de Montréal, spoke on the topic of trusts as an effective tool to protect against creditors in cases of insolvency, in a speech entitled "La fiducie: outil efficace de protection contre les créanciers en contexte d'insolvabilité?" which was presented at the University of Ottawa on March 8, 2005 and at the Université Laval on April 14, 2005. The text of her conference will be published very shortly in the Revue générale de droit of the University of Ottawa.

2. Université du Québec à Montréal

On April 28, 2005, Mr. Hervé Lécuyer, professor at the Université Panthéon-Assas (Paris II) spoke on the topic of protecting vulnerable spouses through France's family property law in a speech entitled "La protection du conjoint vulnérable par le droit patrimonial de la famille en France".

3. McGill University

On April 26, 2005, Me Marc Barbeau, a lawyer and partner at Stikeman, Elliot, presented a speech entitled "Les obligations des administrateurs des sociétés par actions après l'arrêt de la Cour suprême du Canada dans l'affaire Wise" in which he spoke about the obligations of corporate directors following the Supreme Court of Canada ruling in the Wise matter.

4. Université de Sherbrooke

On February 17, 2005, as part of the month devoted to the notarial profession at the Law Faculty of the Université de Sherbrooke, Me Carolina Cernica, a notary, shared her unique experience in managing projects to revitalize and improve the Latin notarial profession on an international scale.

All of these activities were published on the Chair's Web site; with the cooperation of the Chambre des notaires du Québec, the events were also publicized electronically among notaries throughout each of the regions involved.

2- Participation of the Chair in Certain Publications

A- Entretiens Jacques Cartier: The proceedings of the symposium held on October 8, 2004 entitled "L'impact des technologies de l'information sur l'évolution des principes juridiques" (Impact of Information Technology on Changes in Legal Principles) were published in a special edition of the Revue du notariat in December of 2004 ((2004) 106 R. du. N. 1).

B- Roger-Comtois Conference: The text of the third conference was published in the Éditions Thémis under the title "L'influence de la pratique quotidienne du notariat sur l'évolution de la législation québécoise" (Influence of the Day-To-Day Practice of the Notarial Profession on Changes in Québec's Legislation).

C- Journées Maximilen-Caron (CDACI): The Chair contributed financially to the publication by Thémis of the texts from this conference. Ms. Sylvie Berthold, Research Officer at the Chair, cooperated with Professor Diane Bruneau and Notary Richard Chagnon in drafting a text published in that collection and entitled "Planification fiscale et successorale pour les propriétaires de PME Options juridiques avantageuses" (Tax and Succession Planning for Owners of SME's, Advantageous Legal Options).

D- "Mélanges François Frenette": The Chair contributed financially to a publication project by the Université Laval. The "Mélanges" have not yet been published.

3- Work of the Chairholder

In addition to her administrative duties as Chairholder, Ms. Lefebvre carried out the following activities as Lead Researcher:

• She drafted the text entitled "La notion de contrat d'adhésion: portée et limites d'une définition" (The Concept of Contracts of Adhesion: Scope and Limitations of a Definition) which will be published shortly in the Mélanges Philippe Malinvaud in Paris.
• Professor Lefebvre was a national reporter at the international congress of the Association Henri Capitant which was held in Rio de Janiero and in Sao Paulo, Brazil, in May of 2005. She reported on breach of contract due to nonperformance in Québec law, in a report entitled "La rupture du contrat pour cause d'inexécution en droit québécois". This text will be published in Paris and in the Revue Générale de droit of the University of Ottawa.
• The Chairholder participated, in various capacities, in the annual conference of the Centre de coopération interuniversitaire franco-québécoise, organized in cooperation with the Collège international de droit et santé mentale, which dealt with "Le développement du droit de la famille en France et au Québec: de la théorie à la pratique: regards croisés de psychiatrie et de justice" (The Development of Family Law in France and in Québec: From Theory to Practice: Psychiatric and Legal Perspectives). The conference was held in Paris on October 14, 15 and 16, 2004. Professor Lefebvre was a member of the conference's scientific committee. Moreover, she also presented a lecture as part of the workshop on same-sex parenting and chaired the workshop on mediation.
• The Chairholder is currently working on a text, in cooperation with Ms. Sylvie Berthold, on bankruptcy and matrimonial regimes.
• As an individual researcher on a research project subsidized by the Fonds d'études notariales and the Fondation du Barreau, Professor Lefebvre is continuing to draft a monograph on family property law.
• Professor Lefebvre is currently in charge, together with Alain Roy, of an issue of the Revue Internationale Enfance, Famille, Génération.
• Professor Lefebvre, together with Alain Roy, organized a conference in connection with the Fêtes du bicentenaire du Code civil français and was one of its lecturers.
• Professor Lefebvre helps to expand and promote the notarial profession among undergraduate students, particularly through her work teaching first-year students.

4- Work of the Associate Researchers

A- Professor Pierre Ciotola

Professor Ciotola is currently concentrating his research and teaching activities in the fields of successions law and the law of security instruments. As part of teaching successions law, he developed a WebCT intended to help the students registered in his course. The site has received very positive feedback from students registered in the course on successions law (Drt 3204).

In addition to his teaching activities, Professor Ciotola completed the mandate that had been entrusted to him, while he was Chairholder, to organize a symposium on a legal theme in connection with the Entretiens Jacques Cartier 2004. He chaired the scientific committee of the symposium entitled "L'impact des technologies de l'information sur l'évolution des principes juridiques" (Impact of Information Technology on Changes in Legal Principles) which was held in Montreal on October 8, 2004 as part of the Entretiens Jacques Cartier. The content of that symposium was published in a special edition of the Revue du Notariat (106 R. du N. 281-650). The Notarial Chair was in charge of organizing this highly successful symposium which attracted top-notch lecturers and over 130 participants.

Professor Ciotola continued his studies on the topic of testator intent. Two studies are in the process of being published on this theme: "Le testateur et son clone inavoué, le juge ou l'art de concilier formalisme et volontarisme dans l'interprétation testamentaire" (The Testator and His Undisclosed Clone, the Judge or the Art of Reconciling Form and Intent in Testamentary Interpretation). An initial study deals more particularly with the subtheme of judges and the interpretation of testator intent, and will be published in the fall in the Revue juridique Thémis (31 pages). A second study analyzes the subtheme of the search for the meaning of expressions or legal institutions referred to by testators and will soon be published in the Revue du Notariat (49 pages).

Professor Ciotola also focused his attention on security instruments. One study, entitled "Arrêt Val-Brillant: évolution ou régression de l'hypothèque mobilière avec dépossession, en droit civil québécois?", which examines whether the law of movable hypothecs with delivery has progressed or regressed in Québec civil law, will be published in the fall in the "Mélanges en l'honneur du professeur Frenette". This study, which is more than 70 pages in length, was prepared in cooperation with Me Antoine Leduc, a lawyer at Heenan Blaikie and a business law lecturer at the Law Faculty of the Université de Montréal. It will also be published in the winter of 2006 in the Revue juridique Thémis.

Finally, Professor Ciotola participated in various activities of the Notarial Chair held at the Law Faculty of the Université de Montréal. He chaired the second workshop of the symposium entitled "L'impact des technologies de l'information sur l'évolution des principes juridiques" (Impact of Information Technology on Changes in Legal Principles) which was held on October 8, 2004; the theme of the second workshop was notarial perspectives and information technology. He also introduced Professor Frenette, a guest lecturer at the third Roger-Comtois Conference held on November 23, 2004. On February 17, 2005, he presented a lecture entitled "Le testateur et son clone inavoué, le juge: clone difforme ou conforme dans la recherche des intentions du testateur" (The Testator and His Undisclosed Clone, the Judge: Deformed or Properly Formed Clone in the Search for Testator Intent). Over 40 participants attended the lecture.

B- Professor Alain Roy

Some of Professor Alain Roy's tasks are more directly related to his status as Associate Researcher.

• Professor Roy is currently overseeing five graduate students in the masters and doctoral programs.
• As an individual researcher, Professor Roy has a grant from the SSHRC. His research project is entitled "Étude empirique de la pratique professionnelle du contrat conjugal" (Empirical Study of the Practice of the Profession with Respect to Contracts Between Spouses).
• As regards publications, in 2004-2005 Professor Roy published seven journal articles and one caselaw comment. Moreover, he contributed to four collective works.
• Professor Roy gave seven lectures in Québec, in Ontario and in France.
• Professor Roy is currently in charge, together with another person, of an issue of the Revue Internationale Enfance, Famille, Génération.
• Professor Roy organized a conference in connection with the Fêtes du bicentenaire du Code civil français and was one of its lecturers.
• Professor Roy helps to expand and promote the notarial profession among undergraduate students, particularly through his work teaching first-year students.

Pour plus de détails à propos de ces activités voir le C.V. facultaire reproduit à l'annexe 8.

5- International Activities

During her first year, the Chairholder created and maintained links between the Notarial Chair and the ARNU (Association Rencontre Notariat-Université). The ARNU is a French association whose purpose is to develop preferred links between the notarial profession and universities. It was founded by Parisian notaries in cooperation with the Université de Paris I (Panthéon-Sorbonne) and the Université de Paris II (Panthéon-Assas). There are other local ARNU chapters in France, including in Bordeaux, Montpellier and Strasbourg.

The Chairholder met with two ARNU officers, Me Ferrandes, its president, and Me Magan, its secretary, in October of 2004. It was discovered that the ARNU and the Notarial Chair have a common mission and that it would be interesting to have exchanges between the two organizations on topics relating to their respective notarial professions. In a context of market globalization, French and Québec notaries are required to deal with matters of comparative law.

In March 2005, Professor Lefebvre was invited to participate on the ARNU's scientific board in Paris. She presented the Chair and its activities at the ARNU annual meeting and participated in awarding the ARNU's academic prizes.

It is expected that the Chair will become an affiliated association of the ARNU within the meaning of the latter's articles. The two groups may consider reciprocal participation in conferences, on an alternating basis.

While in Europe to meet with the ARNU, the Chairholder contacted professors at the Université libre de Bruxelles (ULB) who teach in the notarial program, Belgian notaries in private practice and officers of the Fédération royale du notariat belge. Joint research projects with the Private Law Centre of the ULB are being considered.

6- Student-Related Activities during the 2004-2005 Academic Year

A- Notarial Legal Clinic

The notarial legal clinic took shape in the 2005 winter semester. Notary Stéphane Brunelle supervised 10 students on the basis of three hours per week. During the next academic year, the notarial legal clinic will be offered to the university community in the fall semester as well as in the winter semester.

B- Legal Drafting Competition

The legal drafting competition was launched in October of 2004. Advertising for the competition was sent to all members of the Notarial Chair's University Advisory Committee so that the members could, in turn, promote the competition within their respective institutions. The Chairholder indicated that the expression "sujet d'intérêt notarial" (subject of interest to the notarial profession) used in the competition by-laws was to be interpreted broadly and extended beyond civil and commercial law. For example, topics could deal with money laundering (a great deal of funds pass through notarial trust accounts), the effect of soil contamination on a sale or financing, the effects of labour law in connection with the sale of an enterprise, municipal law, agricultural law or private international law.

The members of the University Advisory Committee were also reminded of the competition at the end of the academic year, the perfect time for selecting student essays.

The competition by-laws, in French, can be found on the Chair's Web site.

C- Notarial Chair Bursaries

In September of 2004, the Chair awarded three bursaries of $1,000 each to the three students who obtained the highest DDN (diploma of notarial studies) scores for the 2003-2004 academic year. The recipients were Marilyn Montplaisir, Mélanie Bédard and Valérie Aubin.

In February of 2005, three other bursaries of $1,000 each were awarded to the three students with the highest academic record upon entering the DDN program for the 2004-2005 academic year. The recipients were Tiziana Cirigliano, Keri Clair-Bookalam and Geneviève Guy.

D- Other Activities Involving Students in the Bachelor of Law Program

As part of Professor Brigitte Lefebvre's family law course, Notary Michel Beauchamp spoke to first-year students in the Faculty's Bachelor of Law program on the topic of procedures executed before notaries. Two presentations of approximately 1 1/2 hours each took place before a total of 165 students.

Professor Claude Fabien's two private procedural law classes, representing some 160 second-year students in the Faculty's Bachelor of Law program, heard a lecture by Notary Katya Laprise on the topic of authentic acts in electronic form. Thus, in all, over 300 students had the opportunity to hear a notary during the first session of the 2004-2005 academic year.

It should be noted that Me Laprise's presentation, which was to be given as part of Professor Ghislain Massé's private procedural law class in the winter of 2005, could not take place due to the student strike.

The Chairholder also met students in the Bachelor of Law program at a cocktail party held at the Faculty and organized by the Chambre des notaires du Québec in the fall of 2004.

Conclusion

Through its numerous activities, the Notarial Chair undoubtedly contributes to the visibility of the notarial profession within the academic community and within Québec's legal community. Once it has consolidated its strengths, the Notarial Chair intends to become more and more involved in developing solid relationships with stakeholders from other related disciplines and foreign academic communities. Wonderful challenges lie ahead!

Brigitte Lefebvre, Chairholder