All posts filed under: Quebec

Quebec Superior Court judges launch suit against governments

In an extraordinary development at a time when the justice system in Quebec is grappling with the after-effects of the landmark Jordan ruling, Quebec Superior Court judges have launched a suit against the federal and provincial government over the exclusive jurisdiction of the Court of Quebec in some civil matters.

Ex-wife of wealthy businessman author of her own misfortune

In the end she was done in by spite, and greed.

She is the ex-wife of a wealthy Quebec businessman who had sought to maintain an exceptionally privileged and luxurious lifestyle, and fought tooth and nail. She hired and fired more than half a dozen lawyers all the while waging a relentless, and ultimately, vain legal battle to find hidden assets ostensibly stashed away by her husband. She frittered away about $4 million in legal and expert expenses, only for the case to be heard ex parte. She did not show up at trial nor was she was she represented by a lawyer.

Quebec financial watchdog considering its options over PlexCoin

Quebec’s financial watchdog is considering handing over the case involving Dominic Lacroix and his companies, who has been prohibited by a tribunal to promote and solicit investors for a new virtual currency called PlexCoin, to police authorities.

The Autorité des marchés financiers, the regulatory and oversight body for Québec’s financial sector, is also considering launching penal proceedings against Lacroix and his companies, said Sylvain Théberge, AMF’s spokesperson. Such proceedings would take place before the Court of Quebec, a provincial court.

“We are talking about thousands of persons who have shown an interest in this system,” said Théberge, adding that a decision as to whether to call in police or refer the matter for penal proceedings will take place this week. “We are extremely concerned. It seems to us, until the contrary is proven, that investors may become involved in a high-risk investment.”

New virtual currency targeted by Quebec financial watchdog

The Quebec Financial Markets Administrative Tribunal issued a series of expansive ex parte orders prohibiting Dominic Lacroix and several of his companies from promoting and soliciting investors for a new virtual currency set to be launched.

The Tribunal, at the request of Quebec’s financial watchdog, issued a broad order barring Lacroix, DL Innov inc., Gestio inc., PlexCorps, and PlexCoin from engaging in activities for the purpose of directly or indirectly trading in any form of investment covered by the section 1 of the Quebec Securities Act, either in Quebec or from Quebec to outside of the province. Section 1 describes a wide range of forms of investment, including securities, instruments, deposits of money, shares in an investment club, and options or non-traded derivatives.

The Tribunal also ordered them to pull out advertisements or solicitations on the internet over any securities or investment vehicles, and to shut down the site plexcorps.com and plexcoin.com – or at the very least make them inaccessible to Quebec consumers.

The Tribunal also ordered Facebook Canada Ltd. to shut down the Facebook pages of PlexCorps and PlexCoin. Facebook declined to comment. “We can’t share details about cases,” said a spokesperson.

Jordan timelines apply to civil matters

The timelines set by the landmark Jordan decision applies to civil cases as well.

The Supreme Court of Canada in R. v. Jordan 2016 SCC 27 criticized the country’s legal system for its “culture of complacency” and sets out new rules for an accused’s right to be tried within a reasonable time frame. It laid down a ceiling of 30 months for matters before Superior Court cases to be completed. Provincial court trials should be completed within 18 months of charges being laid, but can be extended to 30 months if there is a preliminary inquiry.

Up until recently it was widely considered that the Jordan framework applied to only criminal cases.

Not so, according to two separate rulings by Quebec Superior Court.

Quebec government expected to impose labour agreement on its lawyers and notaries

The Quebec government is expected to impose a labour agreement on government lawyers and notaries that will give them the lowest salary hike of all Quebec public civil servants after months of negotiations with a mediator failed to find common ground.

Without a collective agreement since March 2015, Quebec ‘s 1,100 government lawyers and notaries held the longest Canadian strike by public civil servants, from October 2016 to March 1, 2017, before it was forced to back to work after the government passed an unusual back-to-work decree.

Quebec appeal court to hear appeals in two Jordan cases

Nearly a year to the day when the Supreme Court of Canada issued its landmark Jordan ruling, the Quebec Court of Appeal announced that a five-judge panel will hear an appeal late this summer of a decision to stay a murder charge against a Sri Lankan refugee even though the accused has been deported back to his homeland.

Bell Canada facing yet another class action

Barely a week after Bell Canada’s wireless provider was compelled to pay $1.6 million to some 76,000 clients who paid excessive cancellation fees after the Supreme Court of Canada refused to hear its appeal, the telecommunication giant now faces another potentially costly legal battle after Quebec Superior Court authorized a class action over fee increases on internet, mobile, telephone, television services.