Business Quebec Court of Appeal Rulings

Quebec Court of Appeal harmonizes securities law with other provinces

The Quebec Court of Appeal eliminated a tactical advantage that could have emerged by launching national class actions in secondary market misrepresentation cases in the province after it held that Quebec securities rules were designed to be harmonized with provincial securities legislation across the country as a matter of substantive law.

Why it matters: The ruling is one of a handful secondary market misrepresentations cases heard by Quebec courts.…

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Business Quebec Court of Appeal Rulings

Terms of contract usurp good faith, holds Quebec Appeal Court

Former employees of an asset management firm who claimed that they were unfairly bought out just before the company was sold lost a legal battle after the Quebec Court of Appeal held that the duty to act in good faith does not mean that a party to a contract must impoverish itself to enrich the other.

Why it matters: The Quebec appeal court reaffirms that the terms of a contract determines the rights of parties and that it almost always trumps the duty to act in good faith.…

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Quebec Quebec Court of Appeal Rulings

Elderly pedophile to serve sentence in nursing home

An elderly man who was found guilty of two counts of gross indecency will be allowed to serve his sentence of two years less one day of imprisonment in the community after the Quebec Court of Appeal held that it was “an exceptional case that required an exceptional solution.”

Why it matters: The Quebec Appeal Court provides pointed guidance over the sentencing of infirm elderly offenders at a time when Canada's prison population is becoming greyer.…

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Business Quebec Court of Appeal Rulings Tax

Revenue Quebec can issue demand letters to third parties outside of the province

The Quebec Court of Appeal has ruled the province’s tax authority can issue demand letters and request the disclosure of financial information from third parties outside the province to determine whether a taxpayer is subject to the province’s tax laws.

Why it matters: It is widely expected that Revenue Quebec will now issue more demand letters to third parties outside the province even though questions remain over the scope of the ruling.…

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

French language still needs protection rules Quebec appeal court

A bid to overturn Quebec’s sign law by a group of anglophone merchants suffered yet another setback after the Quebec Court of Appeal upheld two lower court rulings that held that the French language is still vulnerable in Quebec and continues to need protection even though it has made “modest progress” in recent decades.

Why it matters: The Quebec appeal court also appears to have “opened a door” to new legal challenges to the signage law under s. 15 of the Canadian Charter and s. 10 of the Quebec Charter.

Also, the appeal court found that unilingual English websites are too subject to the French language charter.

But the appeal court also appears to have “opened a door” to new legal challenges to the signage law under s. 15 of the Canadian Charter and s. 10 of the Quebec Charter…

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Employment & Labour Law Quebec Quebec Superior Court Rulings

Court awards former Quebec paramedics $1.2M over subway scare

Montreal’s transit authority has been ordered by Quebec Superior Court to pay two former paramedics more than $1.2 million for a scare that left them unable to work in their profession.

Why it matters: The ruling highlights one of the singular situations where an injured worker can bring a civil suit even though one of the cardinal principles behind Quebec’s occupational health and safety regime is that workers cannot bring a civil liability suit against their employer because of the injury.…

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Access to justice Barreau du Quebec

Quebec Bar and Ombudsman want to make it easier for alleged victims of sexual assault

The Quebec Bar and the Quebec Ombudsman wants to make it easier for alleged victims of sexual assault to gain access to the legal system and are calling on the provincial government to follow in the footsteps of the overwhelming majority of Canadian provinces and eliminate the prescription period for civil actions in cases of sexual assault. Why it matters: “It is necessary to make restorative justice accessible which means ensuring that victims of sexual assault can exercise their rights in all confidence and liberty and in the simplest manner possible.”…

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Crime Quebec Quebec Court of Appeal Rulings

Errors by trial judge prompts new trial for woman convicted of killing her two daughters

A Quebec woman, who was found guilty of first degree murder of her two young daughters in 2013, will face a new trial after the Quebec Court of Appeal found the trial judge made a series of glaring errors when instructing the jury.

What was said: “It is astonishing that the coordinating judge of the Superior Court handed the responsibility of such an important and difficult case to a judge whose management seemed to exceed her professional skills,” said a noted Montreal criminal lawyer.…

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Business Internet Quebec Superior Court Rulings

Suspected PlexCoin founder sentenced to two months in prison

Dominic Lacroix, a Quebec City businessman believed by Quebec’s financial watchdog and the U.S. Securities and Exchange Commission to be behind PlexCorps, a controversial cryptocurrency start-up accused of fraudulently selling up to $15 million of tokens, was sentenced to two months of prison and fined $100,000 for contempt of court.…

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Business Internet

U.S. SEC files charges against PlexCorps

The U.S. Securities and Exchange Commission has obtained an emergency asset freeze against PlexCoin, a controversial “fast-moving” and “purported” initial coin offering (ICO) that has raised up to $15 million from thousands of investors since August 2017.

The SEC also filed charges against Dominic Lacroix, a “recidivist” Quebec securities law violator, his partner Sabrina Paradis-Royer and his company PlexCorps, according to a new filing dated December 1, 2017 in Brooklyn, New York.

Why it matters: Regulators are keeping a watchful eye on ICOs, hoping to make life difficult for predatory offerings that promise exhorbitant returns.…

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