Category: Quebec Court of Appeal

New labour relations legal landscape on the horizon following Appeal Court decision

A new legal landscape governing labour relations may be in the horizon in Quebec following a Court of Appeal decision that found that the provincial Labour Code breached the Canadian and Quebec Charters by prohibiting first-level managers from unionizing.

Religious corporation loses battle over perpetual contracts

The Quebec Court rules reaffirms validity of perpetual contracts, and rules on tax on insurance premiums.

Insurer loses battle against Quebec tax authorities

Insurer loses battle against Quebec tax authorities.

Quebec’s vaping legislation upheld by Appeal Court

The Quebec Appeal Court upheld the constitutionality and right of the province to apply its tough and comprehensive tobacco legislation on e-cigarettes, including robust restrictions on vaping advertising.

Justiciability a major hurdle for climate change lawsuits, assert legal experts

A proposed climate change class action suit by a Montreal environment group against the federal government was denied certification, the latest in a series of climate change litigation cases that have been thwarted.

Quebec appeal court serves timely reminder over linguistic rights

The Quebec Court of Appeal served a timely reminder over the importance of linguistic rights after it ordered a new trial for a convicted drug trafficker whose right to be tried in English was violated.

Quebec Court of Appeal sets clear guidelines over use of screening devices for breath samples

Police officers who demand drivers to provide breath samples must have an approved screening device with them to be able to immediately conduct the test, ruled a full bench of the Quebec Court of Appeal, upending its own previous guidance that allowed delays depending on the circumstances.

Quebec Appeal Court provides guidance to notaries over duty to inform

Quebec notaries can now heave a huge sigh of relief after the Court of Appeal found that their duty to inform depends on the circumstances and relationship they have with their client.

Homegrown cannabis restriction reinstated by Quebec Appeal Court

A lower court ruling that struck down a provincial ban on homegrown cannabis was overturned by the Quebec Court of Appeal after it held that the province was acting within its jurisdiction.

Adjudicator awarded $426,000 in damages

A rental board adjudicator who was threatened to be fired by the Quebec government has been awarded $426,000 in damages after the Quebec Court of Appeal held that he was unjustly forced to resign.

Obligation to carry mobile phone does not exist, holds divided appeal court

A divided Quebec Appeal Court may have opened the door towards a positive obligation to carry a mobile phone when doing physical outdoor activities as a precaution against foreseeable risk.