News and commentary about Quebec (and Canadian) legal developments
The Quebec Court of Appeal admonished a trial judge who acquitted a father accused of incest for holding biases and stereotypes over the way a sexual assault victim should behave.…
A Quebec bill does not apply to Montreal police defined pension plan, rules Quebec Court of Appeal.…
In a highly unusual and exceptional decision, the Quebec Court of Appeal has overturned a Westmount naturopath’s acquittal and convicted her of manslaughter in the death of a patient that took place 10 years ago.…
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.…
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.…
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.…
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.…
A Quebec man who backed out of a promise to purchase a $1.3 million home in Gatineau won his case after the Quebec Court of Appeal held that he was entitled to renege the agreement because the sellers failed to adequately inform the buyer and therefore vitiated his consent.
Why it matters: “The decision underlines the importance of the seller’s duty to inform the buyer, and their obligation to know what it is that they are selling."…
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.…
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." …