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Quebec

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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Legislation Quebec

Quebec cannabis bill disappoints employers

Employers are disappointed that the Quebec government failed to provide new rules and guidance under its recently unveiled legal framework for the consumption, sale and distribution of marijuana, according to employment and labour lawyers.

Why it matters: Employers are concerned about how they are going to achieve the thorny balance between employee privacy and workplace safety in the absence of clear rules.…

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Civil Code of Quebec Quebec Quebec Court of Appeal Rulings

University can recoup pension monies

Carleton University won the right to reclaim nearly $500,000 in pension benefits made to a former political science professor who was missing for years before his remains were found in the woods near his Quebec home after the Quebec Court of Appeal held that the pension plan plainly states that the benefits ceased when the beneficiary died.

The ruling, which essentially upheld a lower court ruling but not for the same reasons, appears to have broadened the scope of several Civil Code of Quebec provisions by applying a “generous and liberal interpretation” to unjust enrichment and the legal presumption surrounding absentees, according to legal experts.

Why it matters: “The decision has broadened the understanding of how payments of undue amounts works,” noted Montreal pension lawyer Tina Hobday of Langlois Lawyers LLP.…

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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.”…

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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.…

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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.”…

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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.…

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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.…

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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.…

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