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Quebec Court of Appeal

Quebec Court of Appeal comes down harder on pedophile

On December 2014 Cenan Rayo, a thirty-something Columbian native and the father of a ten-month old infant, sent an invitation on Facebook to a 12-year old girl to become his “friend.” Rayo, while not a family friend, knew the mother because they were part of a small Columbian community, and ran across each other in different places, including the local church.…

Court of Quebec Quebec Court of Appeal White-collar crimes May 19, 2018

Investment counsellor fined $2.1 million

Nearly 10 years after Quebec’s financial watchdog launched penal proceedings against an investment consultant, a Court of Quebec judge fined Denis Patry $2.1 million after being found guilty of 89 counts of securities violations.…

Class actions Quebec Court of Appeal Rulings May 19, 2018

Videotron wins a partial victory in class action suit

A Quebec telecommunications giant won a partial victory after the Quebec Court of Appeal reduced the amount of punitive damages it was ordered to pay in a class action suit from $1 million to $200,000.…

Quebec Court of Appeal Rulings May 19, 2018

Sentenced reduced after trial judge gave inadequate reasons

A 25-year old Quebecer who was sentenced to a 12-month prison sentence and 18 month’s probation after being found guilty of sexual interference had his sentenced reduced after the Quebec Court of Appeal held that the trial judge gave insufficient reasons during sentencing.…

Quebec Quebec Court of Appeal Rulings March 20, 2018

Quebec Court of Appeal voids bylaw forcing protesters to provide itinerary to police

A City of Montreal bylaw that forced protesters to provide an itinerary to police ahead of time was struck down by the Quebec Court of Appeal after it ruled that it was arbitrary, excessive, and unreasonable.

Why it matters: The decision limits the discretionary powers a municipality can confer to police and sheds light on how the Charter protection of freedom of expression applies to demonstrations.…

Criminal justice Quebec Quebec Court of Appeal Rulings February 26, 2018

Quebec Court of Appeal provides comprehensive guidance over Jordan in two rulings

A Montreal man who was charged with killing his wife but whose case was the first Quebec murder case to be stayed following the landmark Jordan ruling will not face a new trial, the Quebec Court of Appeal ruled after issuing a concurrent and “very important” decision that clarifies and provides practical guidance on the application of the landmark Jordan decision.

Why it matters: The legal community is still grappling with the landmark Jordan ruling, and this is yet another effort to spell out clearer guidelines. Or as a criminal lawyer put it: “Jordan is going to be a continuous process, of refining and interpreting." …

Business Quebec Court of Appeal Rulings February 20, 2018

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.…

Business Quebec Court of Appeal Rulings February 16, 2018

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.…

Quebec Quebec Court of Appeal Rulings February 5, 2018

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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Quebec seeking provincial court and municipal judge

The Quebec government is inviting lawyers on the roll of the Quebec Bar to submit their application as a Court of Quebec judge in Mont-Laurier, and a municipal judge in Ville de Saint-Georges. Deadline is May 31st. More information can be found here.

Call for papers

McGill University’s Faculty of Law and the Peter Mackell Chair in Federalism are original essay related to any aspect of federal theory or practice, by January 14, 2019. Comparative angles to federalism are particularly encouraged. More information can be found here.

In the same vein, McGill University's Faculty of Law, in conjunction with American Society of International Law International Economic Law Interest Group, the Canadian Council on International Law, and the Centre for International Governance Innovation, are seeking papers on Managing International Economic (Dis)Integration: Challenges and Opportunities. Information can be found here.

Handbook for lawyers on business and human rights

The International Bar Association published a Handbook for Lawyers on Business and Human Rights to provide guidance for business lawyers and their corporate clients on how to address human rights risks in corporate and commercial transactions. It can be read here.

Handbook for young lawyers

The Barreau du Quebec published a handbook for newly sworn in Lawyers. It can be downloaded here.

Quebec Court of Appeal's Guide to Legal Citation

The guide aims to provide the legal community with standardized writing and reference rules. While the rules are not mandatory, the Court "invites" lawyers and litigants to use the rules when writing pleadings, briefs or memoranda they submit to the Court. It's in French only but it does have a useful bilingual lexicon. It can be downloaded here.