News about Quebec legal developments
A Court of Quebec judge declared the minimum mandatory sentence of four years imprisonment for discharging a firearm while being reckless to the life or safety of another person as unconstitutional and inoperative for an Aboriginal offender.
Continue reading “Mandatory minimum sentence declared unconstitutional for Aboriginal accused”
The Competition Bureau is keeping a watchful eye on the digital world.
The Commissioner of Competition, Matthew Boswell, has made it plain that one of his priorities is to investigate and clamp down on false and misleading advertising online, and build trust in the digital economy through enforcement, “a key element of our vision.”
Continue reading “Competition Bureau clamping down on online misleading advertising”
An ambitious pilot project by the federal courts that will allow for the application of the Quebec Code of Civil Procedure is being lauded by Quebec practitioners as a welcome initiative that may prompt more of them to avail themselves of the federal judicial bodies.
Continue reading “Procedural bijuralism pilot project to be launched by federal courts this fall”
The Arctic Ocean, the smallest and shallowest of the world’s five oceans, is melting. Cursed by hostile weather and rough seas, the forbidding, remote and one of the least understood environments in the world is now beginning to open up under the weight of climate change. Navigation, not long ago unthinkable, is increasingly feasible. Large ships are beginning to explore the area in ways that Viking settlers and European merchants could only dream of. Shrinking Arctic sea ice allowed last year a tanker carrying a cargo of liquefied natural gas to travel through the northern sea route for the first time without an icebreaker escort.
A property owner who challenged a municipal zoning bylaw he considered to be a disguised expropriation waited too long before taking legal action but can nevertheless still ask to be compensated for the loss in property value, ruled the Supreme Court of Canada.
Rioters who damaged police cars after a Montreal hockey game can only be held liable for the specific damage they caused personally, and cannot be held responsible for damage caused by other rioters to the same vehicle, ruled the Supreme Court of Canada, capping off a week to forget for the City of Montreal.
In a 6-1 decision, the nation’s highest court provided guidance on when solidary liability attaches to wrongful acts under the Civil Code of Quebec, days after the city lost two major decisions dealing with pension matters before the Quebec Court of Appeal.
Continue reading “Supreme Court holds rioters not solidarily liable for damages to police cars”
In a decision that is bound to spur much debate, the Supreme Court of Canada dismissed a series of complaints against a Toronto securities litigator who was found to have breached the rules of civil courtroom behaviour during his aggressive but successful defence of a man charged in the billion-dollar Bre-X mining fiasco.
Continue reading “Trials are not tea parties, holds Supreme Court of Canada”
The Canadian Armed Forces’ failure to administer the military justice system efficiently has led to 10 court-martial cases to have been dropped since January 2016, revealed a damning report by the federal auditor general.
Continue reading “Federal Auditor General blasts military justice”
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).
Continue reading “Ottawa finally proposes regulations on data breach notifications”
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.
Continue reading “Canadian financial regulators provide guidance on cryptocurrency offerings”
The Supreme Court of Canada shed new light on the Crown’s constitutional duty to consult with Aboriginal communities and clarified the role and obligation of decision-making bodies in two separate decisons that has the potential of providing greater predictability for natural resources companies seeking regulatory approval.
Continue reading “Supreme Court of Canada clarifies duty to consult”