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Quebec Superior Court

Class actions Quebec Superior Court Rulings

Retailer ordered to pay $1 million in punitive damages in class action

Canada’s largest discount furniture and appliance retailer was ordered to pay $2.36 million, including $1 million in punitive damages, to thousands of consumers after Quebec Superior Court found that it engaged in deceptive advertising and marketing with its popular “buy now, pay later” promotions.

The ruling, one of a handful of Quebec class actions that was decided on its merits, represents a convincing victory for consumer’s rights and serves as a cautionary tale for business that rely on false and misleading advertising pitches to lure customers, according to legal experts.…

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Legal business Quebec Quebec Superior Court Rulings

Quebec notaries and lawyers lose legal battle against title insurers

The governing bodies of the Quebec legal and notary professions lost a suit against American-based insurers after Quebec Superior Court held that they did not overstep their bounds in preparing, registering and discharging mortgages on real estate.

In an eagerly-awaited decision that highlights the growing impact of technology on the legal profession, Justice Chantal Chatelaine held that insurers that offer title insurance do not practice law, do not provide legal opinions, and do not prepare or draw up mortgages.

“The importance of the case has to do with the obstacles which can be put in the way of modernization and efficiency,” remarked Simon Potter, Ad. E., a Montreal lawyer with McCarthy Tétrault LLP who successfully plead the case on behalf of FCT Insurance and First Canadian Ltd, part of the global company FAF International.…

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Court of Quebec Legal business Quebec Quebec Superior Court

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.

The suit against the Attorney General of Canada and Quebec is seeking a declaratory judgment to determine whether the Quebec government has violated the Constitution Act, 1867 by giving the provincial court exclusive jurisdiction to hear claims over $10,000.

The constitutional challenge, initiated by Quebec Superior Court’s chief justice, senior associate chief justice and associate chief justice, also questions whether the Court of Quebec has the jurisdiction to hear appeals from administrative tribunals.…

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Quebec Quebec Superior Court

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.…

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Aboriginal law Quebec Quebec Superior Court Rulings

New Indian status registrations in jeopardy

A suspension on new Indian status registrations could begin new week unless the Quebec Court of Appeal issues a safeguard order that would temporarily suspend a ruling that ordered the federal government to correct discriminatory provisions in the Indian Act that infringe the Charter of Rights and Freedoms.

Quebec Superior Court Justice Chantal Masse dismissed a motion earlier this week to extend Parliament’s deadline for eliminating sex discrimination from the registration provisions in the Indian Act. Ottawa had already received a couple of extensions.…

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Court of Quebec Quebec Quebec Superior Court

Number of photo radar tickets issued in Quebec has dramatically plunged

The number of photo radar tickets that have been issued has dramatically plunged over the past couple of months following two decisions that called into question the rules around the province’s use of the automated speed and red-light enforcement technology.

According to figures compiled by the Quebec transport ministry that the French-language tabloid Le Journal de Québec obtained through access-to-information requests, only 309 photo radar tickets were issued in May 2017 compared to 41,721 in November 2016. Government coffers have borne the brunt: In November 2016 the provincial government was able to recoup $5.4 million compared to a meagre $95,000 in May 2017.

“It’s been quite a while since we have received requests to challenge photo radar tickets,” told me a Montreal lawyer working for a law firm that specializes in challenging tickets.…

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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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Crime Quebec Quebec Superior Court White-collar crimes

A third guilty plea in residential construction bid‑rigging scheme in Montreal

More than a decade after a tip led the Competition Bureau to conduct an investigation on eight Montreal-area companies suspected of rigging bids for private sector contracts, a Quebec numbered company specializing in the installation of ventilation systems was fined $140,000 fine after it plead guilty to one count of bid-rigging.…

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On the move Quebec Quebec Superior Court

Montreal legal aid lawyer appointed Quebec Superior judge

A Montreal legal aid lawyer with a remarkable personal journey has become the latest judicial appointment to Quebec Superior Court, marking the fifth Quebec Superior Court judge to be appointed over the past month by federal Minister of Justice and Attorney General of Canada Jody Wilson-Raybould.

The appointment, coupled with the recent appointment of 16 Court of Quebec judges by the provincial government, are 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. The Quebec Director of criminal and penal prosecutions (DPCP) revealed that there are 684 Jordan applications as of March 23, 2017, a figure that has tripled in the space of three months.…

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Class actions Crime Quebec Quebec Superior Court

Court approves $2.5 million class action settlement agreement involving hockey coach

A $2.5 million class action settlement agreement reached between the victims of a former hockey coach and his employer, the City of Westmount, was approved by a Superior Court judge.

John Garland, a former Superintendent of the Westmount’s Parks and Recreation Department between 1953 and 1987, is believed to have sexually abused children and teenagers in his care.…

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