Category: Quebec Court of Appeal

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.

Aluminum maker discriminated against students rules Quebec appeal court

Students who were paid less than casual and regular workers by an aluminum smelter even though they performed equivalent work were discriminated against on the basis of social condition, held the Quebec Court of Appeal.

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.

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.

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 […]

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.

Quebec appeal court orders federal AG & RCMP to pay $400,000 in damages to couple

The Attorney General of Canada and two RCMP officers were ordered by the Quebec Court of Appeal to pay $400,000 in punitive damages after they published and disseminated false information about a Laval couple who were wrongly charged in Canada’s first human trafficking case.

Real estate transactions: exclusive use servitudes deemed invalid

Exclusive use clauses remain common in leases, but they can no longer be drafted in the form of servitude agreements in transactions.

Software company wins legal battle against publisher

A Montreal software company that was ordered to pay $125,000 in damages to a Quebec publisher for illicit and intentional copyright violations won a legal battle after the Quebec Court of Appeal overturned the lower court decision.

Gladue may apply to homeless people rules Quebec Court of Appeal

In a decision welcomed by criminal lawyers, the Quebec Court of Appeal seems to have opened the door for the principle of proportionality of sentences to be applied to homeless offenders or members of a marginalized group who are non-Aboriginal.

Failed justice

Errors and omissions by defence counsel, the Crown prosecutor and even the trial judge were not “determinative” after a man who sought to withdraw his guilty plea to sexual assault.