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Quebec Court of Appeal

Criminal justice Quebec Quebec Court of Appeal Spotlight Supreme Court of Canada

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.…

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Class actions Quebec Quebec Court of Appeal Rulings Supreme Court of Canada

Telecom giants must pay millions following SCC’s refusal to hear appeals

Telecommunication giants Bell Mobility and Rogers Communications must pay millions of dollars to clients who paid excessive cancellation fees after the Supreme Court of Canada refused to hear their appeals.

More than 166,000 Rogers’ clients who were charged early cancellation fees between 2007 and 2010 stand to share $26.7 million while 76,000 Bell Mobility clients are expected to divvy up $1.6 million – minus legal fees.

In a case dealing with contract for services, early cancellation fee clauses, abusive clauses and the right of unilateral resiliation under the Quebec Civil Code, the Quebec Court of Appeal held in two separate decisions that the two telecom companies overcharged clients who were billed early cancellation fees.…

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On the move Quebec Quebec Court of Appeal Quebec Superior Court

Federal government announced two new appointments as well as a reshuffle in the Quebec courts

Barely a week after Quebec Minister of Justice Stephanie Vallée called on the federal government yet again to quickly appoint 10 new Superior Court justices in the province, the federal government announced two new appointments as well as a shake-up in the Quebec courts.

The latest appointments still falls short of what the Quebec government has been demanding. The president of the Quebec Bar, Paul-Matthieu Grondin, said in a tweet published shortly after the nominations that "the federal government MUST appoint judges to the Quebec Superior Court. Yesterday's appointments are far from enough."

Still, the new appointments and the reshuffle is nevertheless widely expected to make a dent in the backlog of cases that have plagued the Quebec criminal justice system, particularly since the landmark Jordan decision by the Supreme Court of Canada issued last summer.…

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Barreau du Quebec Charter of Rights and Freedoms Legal business Quebec Quebec Court of Appeal Rulings Supreme Court of Canada

Ruling could lead lawyers to think hard before voicing concerns about legal system

In a controversial decision, the Quebec Court of Appeal recently held that Quebec lawyers can criticize the legal system as long as it is done with dignified restraint, constructively and meets the public’s reasonable expectations of a lawyer’s professionalism.

But the appeal court decision has stoked fears that the ruling will engender a chilling effect, and prompt lawyers to think twice before voicing their concerns about the legal system in public for fear of being reprimanded by their law society.…

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Class actions Quebec Quebec Court of Appeal Rulings

Quebec telecom company ordered to pay more than $3 million in punitive damages

A Quebec telecommunications firm, Vidéotron Inc., has been ordered to pay more than $3 million in punitive damages to consumers who were charged extra when the Internet service provider unilaterally modified the terms of their so-called “Extreme High Speed” service, held the Quebec Court of Appeal.

In a decision that examines the scope of contractual obligations, the appeal court held that a unilateral modification clause contained in the contract did not authorize Vidéotron to impose fees that “had not been agreed to in the initial contract or to modify goods and services described” in the contract. The unilateral clause in this case would have meant that consumers waived their rights conferred by sections 12 and 40 of the Quebec Consumer Protection Act (Act) – and that is prohibited by sections 261 and 262 of the Act.…

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Court of Quebec Quebec Quebec Court of Appeal

Quebec judge may be a step closer to being removed from the bench

A Quebec judge who refused to hear a quarrel between neighbours and emphatically insisted that they negotiate a settlement may be a step closer to being removed from the bench after the Quebec Court of Appeal announced it will launch an inquiry on his conduct following a request by the Quebec Minister of Justice Stephanie Vallée.…

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Business Quebec Quebec Court of Appeal Rulings

Hydro-Québec wins back-to-back legal skirmishes in longstanding energy dispute over Churchill Falls

Newfoundland and Labrador suffered back-to-back legal setbacks in its long-running energy feud with Hydro-Québec after Quebec courts held that the provincially-owned utility was under no obligation to renegotiate a controversial 1969 agreement and that it was entitled to purchase all but a fraction of the power generated by Churchill Falls power plant.…

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Business Quebec Quebec Court of Appeal Rulings

Transports Quebec ordered to pay $1.6 million to subcontractor

The Quebec Ministry of Transport was ordered to pay a subcontractor $1.6 million for roadwork even though it had shown signs of premature wear and tear after the Quebec Court of Appeal held that the subcontractor did not face a warranty of durability.

In a ruling that provides guidance over contractual notions such as obligation of result, performance of work and warranty of durability, the Quebec appeal court reaffirms a contractor’s positive obligation to provide information to third parties, according to experts in contract and construction law.…

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Quebec Quebec Charter of Human Rights and Freedoms Quebec Court of Appeal

Damages awarded to the mother of a child who was the victim of discrimination

The mother of a child who was the victim of discrimination based on a handicap was awarded $7,500 in moral damages by the Quebec Court of Appeal in a ruling that reaffirms and advances the rights of parents, according to educational and human rights lawyers.

In a closely-watched ruling by the province’s educational sector, the Montreal School Commission was also ordered to pay an equal amount in moral damages to the child, who is afflicted with Down syndrome, after the appeal court found that it discriminated against him when it failed to implement necessary accommodations to teach him in the first two years of high school.

However the appeal court also found that the school commission did not act in a discriminatory manner when it decided that it would be in the best interests of the child, given his special needs, if he pursued his studies in a specialized school rather than a regular school.…

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Employment & Labour Law Quebec Quebec Court of Appeal Rulings

Quebec government discriminated against jurists on maternity leave, rules appeal court

Quebec government lawyers and notaries, forced back to work after Canada's longest public sector strike, won a legal battle against the provincial government after the Quebec Court of Appeal held that the government discriminated against jurists on maternity leave.

In a nuanced decision that will provide comfort to both employers and labour organizations, the appeal court found that it is not discriminatory if employers under certain circumstances “distinguish” for purposes of compensation between employees who provide services to employers and those who do not such as those in maternity or sick leave.

But the appeal court added that it is discriminatory if employers provide different compensation to different groups of employees who do not provide services to employers, if the distinction was based on prohibited grounds.…

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