Barreau du Quebec Quebec

Arrest of Quebec politician sparks controversy

The fallout from the arrest of a well-respected former high-profile officer by Quebec’s anti-corruption squad continues unabated.

Questions linger more than a week after the bombshell that has been described as an “unprecedented attempt at intimidation.” Quebec Premier admitted that “we are faced with many more questions and answers of course and that includes me…It's not trivial. We haven't seen this very often. An elected parliamentarian being arrested without any true motives being been given.”…

Continue Reading

News Quebec Superior Court Rulings

Gun lobby loses bid to thwart Quebec long-gun registry

The National Firearms Association and a Quebec-based pro-gun lobby group failed to put a stop to Quebec’s provincial long-gun registry after Quebec Superior Court held that the registry was constitutionally valid.

In a 26-page ruling that did not take any constitutional experts by surprise, Quebec Superior Court Justice Lukasz Granosik held that Bill 64, Firearms Registration Act, does not infringe on federal jurisdiction because it essentially is about public safety, which is related to provincial jurisdiction on issues of property and civil law as well as the administration of justice.

Why it matters: The gun lobby now fears that other provinces may follow Quebec's lead.…

Continue Reading

Internet Quebec Superior Court Rulings

Quebec City businessman believed to behind PlexCoin found guilty of contempt of court

Dominic Lacroix, a Quebec City businessman believed by the Quebec financial watchdog to be behind the virtual currency PlexCoin, was found guilty of contempt of court.

What happened: Lacroix and his company DL Innov inc. failed to respect broad ex parte orders issued by the Quebec Financial Markets Administrative Tribunal on July 20th that forbade them from “engaging in activities for the purpose of directly or indirectly trading in any form of investment” covered by section 1 of the Quebec Securities Act, either in Quebec or from Quebec to outside of the province.

“Public interest is at stake,” said Quebec Superior Court Justice Marc Lesage in a ruling issued mid-October. “Investor protection is primordial.”…

Continue Reading

Business Civil Code of Quebec Quebec Court of Appeal Rulings

Appeal court overturns $5.6 million award

A lower court ruling that awarded $5.6 million to a vessel fleet operator was overturned by the Quebec Court of Appeal after it held that the trial judge erred by applying the Civil Code of Quebec to settle a dispute instead of Canadian maritime law.

In a majority decision, the appeal court held that disputes concerning the repair and supply of engine parts to a ship is subject to Canadian maritime law, and therefore common law rules apply rather than civil law rules of delictual liability. As Canadian maritime law applies, the appeal court reaffirms it is the common law of contract and tort that applies to these cases.

The ruling, met with a sigh of relief by the maritime business world, dispels confusion and uncertainty engendered by the lower court ruling as it reaffirms that Canadian maritime law applies uniformly across Canada and “ousts” the application of provincial law, according to maritime lawyers.…

Continue Reading

Access to justice Barreau du Quebec Quebec

Free legal advice provided this weekend by Young Bar of Montreal

The Young Bar of Montreal will provide free legal advice by telephone this weekend. Volunteer lawyers and notaries will be available to answer questions on a wide range of subjects, from consumer to family law to labour to the management of estates.

People can call the hotline at 1 844-779-6232 on Saturday, October 14th and Sunday, October 15th from 9:00 to 16:30.

“The Clinic is an efficient and accessible service for all that allows us to respond to the growing needs of the community when it comes to justice," said Sophia Rossi, president of the Young Bar of Montreal, adding that she hopes to offer this service more frequently. The Bar has 5,000 members, composed of lawyers with ten years and less of practice.

The 29th edition of the “Legal Helpline” is an initiative conducted in partnership with the Barreau du Québec and the Centre d’accès à l’information Juridique (CAIJ).

“The activity, which is very much appreciated by our fellow Quebeckers, provides access to justice and, year after year, has proven to be an event not to be missed," said Paul-Matthieu Grondin, president of the Québec Bar.…

Continue Reading

Business Quebec Superior Court Rulings Tax

Decision may grant tax authorities with much leeway

Quebec Superior Court overturned a ruling that held that the investigative methods used by federal and provincial tax authorities to investigate corruption in the Quebec construction industry were “highly reprehensible,” paving the way for Canada Revenue Agency and Revenue Quebec to once again pursue tax evasion inquiries that were put on hold for the past two years.

In a series of concurrent decisions, Quebec Superior court Justice Daniel Payette held that the investigation conducted by tax authorities did not contravene the leading Supreme Court of Canada decision in R. v. Jarvis, [2002] 3 SCR 757, which draws a distinctions between civil tax audits and criminal tax investigations.…

Continue Reading

Internet Quebec

PlexCoin still under scrutiny by Quebec financial regulator

Quebec’s financial watchdog is putting the squeeze on Dominic Lacroix.

He is a Quebec City resident who is thought to be behind an initial coin offering, PlexCoin, that is set to launch on Friday, October 13th.

The Autorité des marchés financiers (AMF) is working hard to prevent that from happening, and is ramping up the pressure.

Next Tuesday, on October 3rd, before Quebec Superior Court in Quebec City, the AMF will argue that Lacroix should be found guilty of contempt of court for failing to comply with orders issued by the Quebec Financial Markets Administrative Tribunal. …

Continue Reading

Canada Internet

Ottawa finally proposes regulations on data breach notifications

Private sector organizations following federal privacy law will have to provide breach notifications to customers and the privacy commissioner where it is reasonable to believe that the breach creates a “real risk of significant harm,” under long-awaited proposed regulations to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA).

The draft regulations, if and when they come in force, are expected to provide Canadians with better protection while providing organizations with yet another compelling incentive to adopt better security practices to thwart a phenomenon that is occurring with alarming frequency, according to privacy experts.

Early this month, a security breach at credit-monitoring company Equifax Inc., one of three major credit bureaus in the United States, could affect up to 143 million Americans and an undisclosed number of Canadians. More recently still, the personal information of some one million users from the news and entertainment website Canoe.ca were exposed after some of its databases were hacked.…

Continue Reading

Canada Intellectual property

Canadian financial regulators provide guidance on cryptocurrency offerings

Canadian financial regulators, in lockstep with a growing number of jurisdictions, has put the cryptocurrency world on notice after confirming the potential applicability of Canadian securities laws to virtual currencies and related trading and marketplace operations.

Cryptocurrency offerings can provide new opportunities for business to raise capital and for investors to access a broader range of investments but they also raise investor protection concerns due to its volatility, lack of transparency, custody, liquidity and the use of cryptocurrency exchanges, notes the Canadian Securities Administrators in a recently published Staff Notice 46-307.

“Investors may (also) be harmed by unethical practices or illegal schemes, and may not understand the properties of the investment products that they are purchasing,” said the notice.…

Continue Reading

Crime Quebec Court of Appeal Rulings

New murder trial ordered following judge’s inadequate instructions

The Quebec Court of Appeal ordered a new trial of a man convicted of killing three people because the trial judge provided inadequate instructions to the jury over the weight that should be given to post-offence conduct and because he failed to warn the jury that the testimony of the prosecution’s expert went beyond the bounds of his expertise.

The ruling, the second time in six years that the Quebec appeal court set aside a murder conviction and ordered a new trial because of testimony provided by psychiatrist Sylvain Faucher, highlights pervasive concerns about expert bias and examines the credence that should be given to post-offence conduct, according to criminal lawyers.…

Continue Reading