Failed justice
Errors and omissions by defence counsel, the Crown prosecutor and even the trial judge were not “determinative” after a man who sought to withdraw his guilty plea to sexual assault.
All posts filed under: Quebec Court of Appeal
Appeal court reaffirms financial watchdog’s discretionary power
Quebec appeal court reaffirms financial watchdog’s discretionary power.
Hiring process was not tainted by discrimination, rules Quebec appeal court
A public transport agency did not infringe a Montrealer’s right to equal access to employment based on handicap without discrimination when it ended the process to hire him as a bus driver for health reasons, held the Quebec Court of Appeal.
Owners of pyrrhotite-damaged homes win long-standing legal battle
More than 800 homeowners and 18 business owners of pyrrhotite-damaged buildings won a long-drawn out legal battle after the Quebec Court of Appeal upheld a lower court ruling that ordered a Canadian engineering giant, concrete owners, construction contractors, and a geologist to pay more than $200 million, including interest.
Photo radar class action dismissed by Quebec appeal court
A proposed photo radar and red light camera class action, dismissed by the Quebec Court of Appeal, was doomed to fail because the class representative was convicted of speeding when she chose to pay the fine for speeding, according to legal experts.
Quebec appeal court upholds criminal negligence conviction
A Quebecer who was found guilty of criminal negligence causing the death of a passenger in a speed boat he was operating lost his bid to overturn his conviction.
Under fire Quebec appeal court rejects bid to suspend contested secularism bill
A divided Quebec Court of Appeal, grappling with a series of controversial complaints against its Chief Justice, has refused to stay sections of the province’s secularism bill even though it plainly acknowledges that the controversial ban on religious symbols is causing irreparable harm to some people.
Landmark decision issued by Quebec appeal court over the freedom of peaceful assembly
The Quebec appeal struck down a municipal bylaw that compelled organizers of public demonstrations to submit their plans and itinerary to city police, a landmark decision commended as a “genuine advance” on the “least judicially explored freedom” and the first decision by a Canadian appellate court that comprehensively examines the scope of the freedom of peaceful assembly (2c) as a separate Charter right.
Former soldier loses appeal of constructive first degree murder
A former Canadian Armed Forces soldier found guilty of constructive first-degree murder who argued that the verdict was unreasonable and that the trial judge erred by dismissing his motion for a directed verdict of acquittal lost his case before the Quebec Court of Appeal.
Railway loses battle over liability after Quebec appeal court ruling
In a setback for the rail industry, Canadian railways will unlikely be able to strike confidential agreements to ship goods that excludes liability or limits it to trivial amounts if damage or loss is sustained, following a recent Quebec Court of Appeal ruling.
Only two parents in Quebec, not three as elsewhere, rules Quebec Court of Appeal
A child in Quebec can legally only have two parents named in a birth certificate but that does not preclude a third person from parenting, ruled appeal court.