Category: Quebec Court of Appeal

Insurance suicide exclusion null and void, rules Quebec Appeal Court

Insurers must clearly indicate exclusions or clauses, particularly clauses dealing with suicide, that reduce coverage under an appropriate heading or risk having the exclusion clause declared null and void, ruled the Quebec Court of Appeal.

Soccer club did not discriminate by refusing to integrate girls into a boys’ team

A Montreal soccer club did not discriminate by refusing to integrate two girls into a boys’ team, ruled the Quebec Court of Appeal.

Notwithstanding clause centre stage in Quebec Appeal Court ruling over controversial secularism law

The Quebec Court of Appeal, handcuffed by the provincial government’s use of the notwithstanding clause, upheld a controversial secularism law that bans religious symbols from being worn by government employees, in a decision lauded by legal observers who endorse the so-called “parliamentary sovereignty clause” while bemoaned by others who deem it to be a “major retreat” from the fundamental principle of the rule of law.

Strip search not discriminatory, rules Quebec Appeal Court

A Quebec Human Rights Tribunal that found that a prisoner had been discriminated against during a strip search because he had been viewed by a correctional services officer of the opposite sex was overturned by the Quebec Court of Appealed a Human Rights Tribunal decision.

Decision may spur authorities to hold organizations accountable for workplace deaths

A “very important” decision may spur law enforcement officials and Crown prosecutors across the country to be more aggressive and hold to account organizations and decision-makers for workplace deaths.

Impact of lengthy imprisonment on offender family’s is a mitigating factor

Impact of lengthy imprisonment on offender family’s is a mitigating factor, deems the Quebec Appeal Court

SCC to hear appeal over secret criminal trial

The Supreme Court of Canada will hear an appeal from a slew of media organizations challenging confidentiality orders issued in a secret criminal trial, with no paper trail, that was held in Quebec.

Class action motion judges facing pushback from Quebec Appeal Court

The Quebec Court of Appeal has overturned no less than eight lower court decisions over the past year that denied class action certification, signaling a possible discord that shows little sign of abating between motion judges more likely to cast a critical eye and the higher court intent on strictly adhering to case law and the teachings of the Supreme Court of Canada, according to class action experts.

Quebec Appeal Court sets precedent over First Nations police underfunding

The Quebec Court of Appeal held that Ottawa and Quebec breached their duty to act honourably after it refused to adequately finance the police department of a First Nation.

Appeal Court underlines employers do not have a free pass to ask questions to potential employees

A prospective police officer who alleged that the Quebec provincial police force withdrew its pre-employment offer because he has Tourette Syndrome was rebuffed by the Quebec Court of Appeal after it found instead that he was not forthright and did not act in good faith during the hiring process.

Sperm donor granted visitation rights

A sperm donor was granted access rights by the Quebec Court of Appeal after he was deemed as a “significant” third party whose presence “could probably benefit” the child in a decision that has perplexed some family law experts.