News about Quebec legal developments
At times, judges publicly muse over the challenges they face. In a discourse given a few years ago, Quebec Court of Appeal Justice Allan Hilton reflected on judges and lawyers grappling with the challenges emanating from Quebec’s unique cultural and linguistic make-up. Continue reading “A Quebec judge reflecting on challenges they face”
A Hungarian couple of Roma origin lost their bid to overturn an extradition order issued by the Federal Minister of Justice after the Quebec Court of Appeal ruled that the Immigration and Refugee Protection Act cannot be invoked to contest an extradition order. Continue reading “Immigration Act cannot be invoked to fight extradition”
The Quebec Court of Appeal ruled that a police officer who obtained surgical dressing from an unconscious patient in a hospital in order to conduct a DNA test did not infringe the Criminal Code and the Canadian Charter of Rights and Freedoms. Continue reading “DNA testing approved by appeal court”
Insurance companies who conclude that they have no duty to defend an insurer facing an action, and by extension no obligation to indemnify, risk being surprised with a hefty bill, following a ruling by the Quebec Court of Appeal.
In a ruling that repeatedly hammers the distinction between a liability insurer’s duty to defend with its obligation to indemnify, the appeal court warns insurance companies that it cannot come to the hasty conclusion that it has no duty to indemnify simply because it has no duty to defend.
The Quebec Court of Appeal overturned a ruling that temporarily suspended a civil suit launched by German-Canadian lobbyist Karlheinz Schreiber against former Canadian Prime Minister Brian Mulroney until the so-called Oliphant inquiry delivered its final report.
Schreiber filed a suit based on a verbal contract he alleges he reached with Mulroney in Hull, a town located across from the nation’s capital. But the 74-year old deal maker sought to suspend the suit, arguing that his examination before a public inquiry could cause him harm as Mulroney could use information obtained in the course of examination against him. Continue reading “Quebec Appeal Court overturns ruling dealing with Mulroney-Schreiber affair”
The Quebec government has wide discretionary powers to issue selection certificates to foreign nationals seeking to settle permanently in the province, according to two rulings issued concurrently in related matters by the Quebec Court of Appeal.
Indeed, the Court points out that under the Act respecting immigration to Québec (the Act), the Quebec Minister of Immigration and Cultural Communities can issue selection certificates to applicants who do not satisfy conditions and selection of criteria established by government policy, or refuse applicants who meet the conditions. Continue reading “Quebec minister has wide powers over immigration rules appeal court”
Rules of practice implemented by the Superior Court of Québec three years ago that prohibit media from using cameras and conducting interviews except in designated areas of the courthouse as well as ban the broadcast of recordings of hearings were recently upheld by the Québec Court of Appeal.
Continue reading “Media restrictions in courthouses does not obstruct freedom of expression”