Quebec Court of Appeal
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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. Continue reading
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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. Continue reading
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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. Continue reading
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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. Continue reading
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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. Continue reading
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Quebec’s law that blocks unauthorized gaming sites ruled unconstitutional
A Quebec legislative provision that compelled Internet service providers to block unauthorized gaming websites has been found unconstitutional by the Quebec Court of Appeal. Continue reading
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Quebec Court of Appeal expresses frustration over systemic delays in securing trial transcripts
The Quebec Court of Appeal, exasperated by provincial government inaction, delivered a rare but stinging rebuke over recurring systemic unmitigated delays in securing trial transcripts that disproportionately affect English-speaking appellants which “regrettably” puts into question the proper administration of criminal justice in Quebec. Continue reading
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Right to contact counsel of choice
Right to contact counsel of choice The right to contact counsel of choice was at the heart of two Quebec Court of Appeal decisions. In R c. Blackburn-Laroche, 2021 QCCA 59, the appellate court held that police officers had not made the necessary effort to reach the lawyers chosen by the respondent. As a result… Continue reading
Tags: retain counsel -
Quebec appeal court ruling opens the door for former common-law spouses to claim unjust enrichment
A wealthy businessman was ordered to pay $2.4 million to his former common law-former partner as he left the relationship with a disproportionate share of the wealth accumulated by the parties’ joint efforts, held the Quebec Court of Appeal. Continue reading