Law in Quebec

News about Quebec legal developments


Quebec Superior Court

  • Quebec ordered to pay $164 million for Charter breach in class action suit

    The Quebec government has been ordered by Superior Court to pay a staggering $164 million in compensatory damages, plus interest, for knowingly violating the rights of thousands of individuals who were arrested and illegally detained for a longer period of time permitted by the Criminal Code prior to appearing before a Justice of the Peace.

    The comprehensive decision by Quebec Superior Justice Donald Bisson reveals that during a five-year stretch, from 2015 to 2020, the Quebec government stopped offering court appearances on Sundays and statutory holidays due to austerity measures, and failed “in their obligation” to put in place a system that complies with section 503 of the Criminal Code, “knowing full well that their flawed appearance system led to the systemic violation of the fundamental rights” of some 24,000 individuals.

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  • Quebec Superior Court orders amendments to Civil Code to recognize multi-parent families

    In a landmark decision that redefines the legal framework for parenthood in Quebec, Superior Court has given the provincial government 12 months to amend the Civil Code to introduce a new system of filiation that would make it possible to legally recognize more than two parents for the same child.

    The ruling, described by lawyers who successfully pled the case as a “very important for the development” of family law in Quebec, held that the provisions of the Civil Code that limit filiation to two parents is discriminatory and violates the right to equality guaranteed by section 15(1) of the Canadian Charter. Quebec Superior Court Justice Andres Garin found that it is “appropriate” to recognize family status “in the sense of belonging to a particular family model, including a multi-parent family” as an analogous ground of prohibited discrimination enumerated in s. 15(1) of the Canadian Charter – and that such discrimination could not be justified under s. 1 of the Charter. Membership, added Justice Garin, in a particular family model is an immutable personal characteristic.

    “Ultimately, the limit of two parent-child relationships sends the message to multi-parent families and to society in general that only so-called ‘normal’ families, with a maximum of two parents, represent valid family structures worthy of legal recognition,” held Justice Garin in V.M. c. Directeur de l’État civil, 2025 QCCS 1304. “This message reinforces and perpetuates the disadvantage suffered by those who live in a non-traditional family model. Ultimately, the difference in treatment is discriminatory and violates the right to equality guaranteed by s. 15(1) of the Canadian Charter.”

    The Quebec government has announced that it will appeal the decision.

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  • Monday’s Medley – Issue 03

    Each Monday I will provide a potpourri of Quebec (and Canadian) legal developments. Issue 03 takes a brief look at a Quebec Appeal Court ruling that will delight discount brokers while irk consumers, Quebec’s latest effort to impose a nationalist culture, and decision that examines the notion of social profiling.

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  • Quebec appeals ruling that held taxi permit holders were victims of disguised expropriation

    A ruling that ordered Quebec to pay more than $143 million, plus interest, to compensate thousands of former taxi permit holders has been appealed both by the provincial government and class members.

    Quebec Superior Court ruled last summer that the provincial government illegally expropriated the permits of taxi drivers without fair compensation after the Uber online ride-hailing service forcibly made its entry into the market a decade ago, a decision that Quebec is asking the Court of Appeal to set aside.

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  • Top legal cases in 2024

    This is the time of year when law firms and legal publications provide a retrospective look at some of the most significant judicial rulings in 2024. Here’s some of them.

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    The nation’s highest court issued a series of important decisions that stemmed from Quebec, two of which dealt with aboriginal law.
    • Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 (Aboriginal law, Constitutional Law: Division of Powers)In a decision that marks a major step in the evolution of Canadian law’s treatment of Indigenous laws and legal orders, according to legal pundits, the Supreme Court of Canada upheld the constitutionality of a federal statute that affirms Indigenous peoples’ right of self-government with respect to child and family services.”On an immediate level, it is a hugely important decision for Indigenous communities across the country working to implement their own child and family welfare services and for the Indigenous children and families who interact with child and family services. More broadly, it also has important implications for how Parliament can promote “legislative reconciliation” through the passage of laws that affirm Aboriginal and Treaty rights and that incorporate Indigenous laws and legal orders.” JFK Law LLP
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    • Eurobank Ergasias S.A. v. Bombardier inc., 2024 SCC 11 (Business law)This Supreme Court ruling confirms that a Canadian bank must refuse payment to the beneficiary of a letter of credit due to fraud.”The decision also touches on important principles of private international law, such as comity and the principles applicable to the recognition and enforcement of foreign judgments by Québec courts. In that vein, the SCC’s decision strongly signals that a foreign judgment’s disregard to a binding international arbitration order or award may violate public order as understood in international relations and thus lead to its unenforceability in Canada.” Borden Ladner Gervais LLP

      “The Supreme Court’s decision is a significant decision on the law of bank guarantees in Canada, which are often provided for in international contracts with arbitration clauses, especially in the field of construction. The decision expands on the principles applying to the sole exception to the obligation of banks to pay a beneficiary of a letter of credit on demand: fraud.” Arbitration Matters

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    • Société des casinos du Québec inc. v. Association des cadres de la Société des casinos du Québec, 2024 SCC 13 (Labour law: Freedom of Association)In a favourable decision for employers, the Supreme Court held that exclusion of first-line managers from a statutory collective bargaining regime was constitutional.”Ultimately, as the Supreme Court rightly points out, the legislative exclusion of managers from the labour relations regime set out in the Labour Code makes it possible to avoid role conflicts between employer and employees in the context of their professional responsibilities (for example, in the context of collective bargaining of employees’ working conditions). This exclusion ensures managers adequately represent the employer’s interests, and thus preserves the employer’s confidence in its representatives.” Norton Rose Fulbright LLP

      “The Supreme Court of Canada dealt with a number of important issues that are significant for the law of judicial review of administrative action and for regulation more broadly.” Paul Daly, law professor at the University of Ottawa

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    • McLaren Automotive Incorporated v 9727272 Canada Inc. (Arbitration)Internal arbitration appeal mechanisms do no breach public policy, do not derogate from the jurisdiction of the courts, and do not violate the principle of proportionality, points out Gowling WLF following a decision that used international trends as part of its reasoning.”The fundamental underpinning of arbitration is freedom of contract—the right of parties to choose how to resolve their disputes. The decision in McLaren Automotive is very much rooted in that principle, and it is difficult to disagree with the approach taken by the Court.” Gowling WLG

     


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  • Class actions over COVID-19 certified against Google and Facebook

    Two separate but related class actions were recently certified by Quebec Superior Court against tech behemoths Google and Meta for allegedly breaching Quebecers’ freedom of expression by censoring or making content directly or indirectly related to COVID-19 unaccessible.

    In the suit against Google, class action representative plaintiff Éloïse Boies, who operates a YouTube channel “Élo veut savoir,” alleges that several of her videos that claimed that governments and large companies were censoring information about COVID-19 were deleted.  The videos apparently violated the platform’s policies for propagating “incorrect medical information contradicting that of local health authorities or the World Health Organization (WHO) regarding COVID-19.” Boies is seeking compensatory and punitive damages for anyone who, in the context of the Covid-19 pandemic, suffered censorship of their videos by YouTube, as well as to anyone who was unable to view these same videos.

    A similar claim was made against Meta Platforms, owner of Facebook, by Christian Leray, an administrator of the Facebook group Réinfo Québec, an organization of professionals, mainly from the healthcare sector, dedicated to informing the public about the Covid-19 pandemic. Postings by Leray and the group that called into question COVID-19 public health measures were deleted by Facebook, a decision Facebook maintains was justified because it has a policy that prohibits misinformation that could cause physical harm, relays false information about COVID-19 or because information is at odds with its “community standards.” Leray, like Boies, too is seeking compensatory and punitive damages.

    Quebec Superior Court Justice Lukasz Granosik dismissed arguments by the tech giants. Both Google and Facebook maintained that the class actions should not be certified because the class action representatives do not present a defensible case and therefore cannot adequately represent the group. Google added that there are no common issues, but a bundle of eminently individual cases, which makes a class action inadmissible in this case.

    “If Facebook…controls the content that finds its way onto its platform, it cannot deny all responsibility,” held Justice Granosik in Leray c. Meta Platforms inc., 2024 QCCS 1513. “If it carries out censorship, prevents certain people from posting certain information, punishes them by restricting access to their account and thus hinders the free circulation of ideas, it exposes itself to having to defend its ways. Its decision may be well-founded, and it may not incur any liability, but the question arises and it is clear that the plaintiff has a simple possibility of success on the merits.”

    Justice Granosik came to an identical conclusion in Boies c. Google, 2024 QCCS 1512.

  • Alleged Darknet Xanax Kingpin faces extradition

    The “Darknet Xanax Kingpin,” ostensibly a Quebecer who allegedly sold over 15 million counterfeit Xanax tablets that were mainly exported to the United States, failed to thwart extradition proceedings against him after Quebec Superior Court dismissed his constitutional arguments.

    U.S. authorities are seeking the extradition of the Quebecer so that he can be prosecuted in the state of Connecticut for the sale and distribution of controlled substances. It is alleged that the Quebecer, who cannot be identified due to a publication ban, operated a “very large-scale” drug sales network, mainly using crypto-markets, otherwise known as Darknet markets.

    Evidence contained in the certified extradition file shows that the Quebecer engaged in clandestine activities that generated huge profits for himself and his associates, assert U.S. authorities. In conversations on chat rooms, he described himself as the “Darknet Xanax Kingpin”, claiming to have sold over 15 million counterfeit Xanax tablets, mainly exported to the United States. He also allegedly distributed fentanyl or its derivatives, “a highly harmful drug causing serious harm and death to users.”

    The Quebecer challenged the constitutionality of several provisions of the Extradition Act. He argued that an extradition to the U.S. and eventual incarceration will leave him in a precarious and “unacceptable” health situation, and increase the risk of suicide in prison, because he is afflicted with Asperger’s Syndrome, a developmental disorder that’s part of the autism spectrum disorder.

    He also argued that the role currently vested in the Minister of Justice should largely be exercised by the extradition judge, at least as far as the constitutional rights guaranteed by the Charter are concerned. He also maintained that his extradition should be refused under section 24(1) of the Charter because he suffers from Asperger’s.

    Quebec Superior Justice Mario Longpré dismissed the arguments. In a 56-page decision in Procureur général du Canada (États-Unis d’Amérique) c. Beaudry, 2024 QCCS 1368, Justice Longpré concluded that the accused failed to establish that the federal Justice Minister “would be unable to determine whether his extradition would contravene the principles of fundamental justice guaranteed by section 7 of the Charter.”

    Justice Longpré added that the accused will be able to present all his arguments to the Minister, including his diagnosis of Asperger’s syndrome and the problems this condition creates in relation to possible extradition. If the Minister decides to extradite the Quebecer, he will still be able to seek judicial review before the Quebec Court of Appeal, where he will be able to argue that the Minister’s decision does not meet Charter requirements, noted Justice Longpré.

     

  • Montreal lawyer disqualified as representative counsel in proposed cryptocurrency class action

    In a case that deals with the bounds of “entrepreneurial lawyering” and whether it exceeds the “proper limits of ethical rules,” Quebec Superior Court disqualified a Montreal lawyer as the representative’s counsel in a proposed class action suit seeking compensatory and punitive damages for individuals who bought or sold cryptocurrencies from Shakepay inc.

    The proposed class action in essence alleges that Shakepay charged hidden commissions, contravening the Consumer Protection Act, Civil Code of Quebec, and the Competition Act.

    Justice Lukasz Granosik said that disqualifying a lawyer requires a “great deal of circumspection.” But a combination of “minor transgressions” occurred in this case crossed the line, held Justice Granosik in Abicidan c. Shakepay inc., 2024 QCCS 11.

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  • Quebec ruling ‘important step forward’ for labour rights

    Quebec’s provincial police officers, dissatisfied with the progress of labour negotiations, will begin donning colourful cargo pants, a tactic that was given the green light by a ruling that recognizes the right to modify uniforms as an “associational activity” that could be protected by the Canadian Charter.

    “We have no choice but to resort to a means of visibility that conveys a message of dissatisfaction,” said Jacques Painchaud, president of the Quebec Provincial Police Association (APPQ), in a press release.

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  • Insurer to pay $1.5 million after Quebec Superior Court deems suicide exclusion to be null and void

    In “an invitation to the seemingly impenetrable world of insurers to open their eyes” to a legislative requirement of public order designed to protect the interests of the insured, Quebec Superior Court ruled that an insurance company must pay beneficiaries $1.5 million because it failed to properly reveal exclusions in an insurance policy.

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  • Class action motion judges facing pushback from Quebec Appeal Court

    The Quebec Court of Appeal has overturned no less than eight lower court decisions over the past year that denied class action certification, signaling a possible discord that shows little sign of abating between motion judges more likely to cast a critical eye and the higher court intent on strictly adhering to case law and the teachings of the Supreme Court of Canada, according to class action experts.

    With the Quebec justice system under severe strain, beset by underfunding and vexed by a dire shortage of court personnel, with more than 20 per cent of employees resigning in a year, leaving many Quebec judges compelled to share judicial assistants, class action lawyers speculate that motion judges are taking a harder line on the viability of class actions, all the while taking into consideration the impact it would have on an overtaxed justice system. “Perhaps what is happening is that trial judges have a more concrete understanding of the fact that there are already too many class actions going on in Quebec, be it at the authorization stage or at the trial level,” said Éric Préfontaine, a Montreal class action defence lawyer with Osler, Hoskin & Harcourt LLP. “There seems to be some kind of disconnect between the assessment some motion judges make” and the Appeal Court.

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  • Municipal bylaws over firearms and hunting must be reasonable, rules Court

    Quebec municipalities will likely have to review their firearms and hunting bylaws after a farmer who received a fine for shooting a deer on his property waged a successful legal battle that prompted Quebec Superior Court to strike down a municipal bylaw that prohibits hunting as it ran afoul of provincial and federal legislation.

    The decision, one of a handful that examines the extent to which municipalities can regulate the use and possession of weapons on their territories while respecting provincial hunting standards, underlines that Quebec municipalities have the power to pass bylaws over the use of weapons and can add safety rules set out in provincial standards, added the legal pundits. But these measures, while a “complex exercise,” must clearly set out their objectives, the means of enforcement and must be exercised in a reasonable manner without exceeding the legislative framework, added the lawyers.

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  • Five years later, and still waiting for trial on merits

    Telling remarks by Quebec Superior Court Justice Michel Pinsonnault issued during the Christmas holidays that reveals the state of Quebec’s justice system, an issue I have written about repeatedly over the years.

    In Sprigg c. Cucuzzella, 2022 QCCS 4774, Justice Pinsonnault remarked:

    [2]  As incredible as it may seem, this oppression remedy action instituted more than five years ago in November 2017 has still not been scheduled for trial on the merits.

    [66] Five years having elapsed since the filing of the Oppression Remedy Demand, the irreconcilable business relationship between the parties herein must come to a much-needed resolution. Without casting any blame on anyone, given the stance adopted by each side, their commercial dispute can only be resolved with a judgment on the merits of each party’s contentions.

    [70] The Court will not allow one party to take undue advantage of the other party in this judicial saga without due process.

  • Obtaining punitive damages from police remains “high bar”

    The challenge for plaintiffs to obtain punitive damages against police was plainly illustrated yet again according to legal experts after four victims of the 2012 election shooting in a Montreal downtown venue that targeted then-premier-elect Pauline Marois of the Parti Québécois won a partial victory following a court decision that awarded them nearly $300,000 in pecuniary and non-pecuniary damages.

    Quebec Superior Court Justice Philippe Bélanger found that the provincial and Montreal police forces committed a fault of omission and failed to ensure to ensure the safety of the public after they carried out a flawed security plan that allowed a gunman to kill lighting technician Denis Blanchette and seriously injure a second technician who was struck by the same bullet. Justice Bélanger ordered damages to be paid to Blanchette’s colleagues who survived the shooting after they successfully argued that they suffered from post-traumatic stress and other psychological damage following the shooting.

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  • Parents appeal decision to remove allowing hospital to remove child’s breathing tube

    The parents of a five-year old child who has been in a coma for the past six months will appeal a Quebec Superior Court decision allowing a Montreal children’s hospital to permanently remove the breathing apparatus in a heart-breaking case that is in line with jurisprudence, according to health law experts.

    The decision by Quebec Superior Court Justice Bernard Jolin, commended for being sensitive, solicitous and thoughtful, reaffirms that the best interests of the child must prevail, underlines that courts do not “strip” parents of their parental authority when going against their wishes but rather “corrects their manifestly erroneous decision,” highlights that the courts will take into account suffering as an important consideration, and illustrates the strain that may arise between faith and medical evidence.

    “It’s not a judgment that breaks new ground in law but I am pleasantly surprised by the tact with which the judge goes about it,” said Montreal lawyer François Dupin, Ad.E, formerly with the Public Curator of Quebec. “He tries to explain the ins and outs of his grave decision. That’s important because if he was just concerned about the legal thing, he could have asked for the provisional execution of the judgment. But he didn’t do that. He wanted to give the parents a chance to appeal.” In Quebec, litigants challenging forced medical care have five days to ask the Quebec Court of Appeal to review the decision.

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Law in Quebec
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