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Quebec Superior Court

Crime Quebec Quebec Superior Court Rulings

Failure to protect solicitor-client privilege leads to acquittal of alleged Mafiosi

Two alleged Montreal Mafia leaders were acquitted of gangsterism and drug trafficking charges after Quebec Superior Court excluded wiretap evidence gathered by a joint police task force because they failed to put in place sufficient measures to prevent the interception of conversations between lawyers and clients.

Why it matters: The decision provides guidance on electronic surveillance, castigates police for failing to do enough to protect solicitor-client privilege, and warns that it would be imprudent to view his ruling as an inducement to consider law firm as safe havens to conspire and plan crimes.…

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Employment & Labour Law Quebec Quebec Superior Court Rulings

Court awards former Quebec paramedics $1.2M over subway scare

Montreal’s transit authority has been ordered by Quebec Superior Court to pay two former paramedics more than $1.2 million for a scare that left them unable to work in their profession.

Why it matters: The ruling highlights one of the singular situations where an injured worker can bring a civil suit even though one of the cardinal principles behind Quebec’s occupational health and safety regime is that workers cannot bring a civil liability suit against their employer because of the injury.…

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Business Internet Quebec Superior Court Rulings

Suspected PlexCoin founder sentenced to two months in prison

Dominic Lacroix, a Quebec City businessman believed by Quebec’s financial watchdog and the U.S. Securities and Exchange Commission to be behind PlexCorps, a controversial cryptocurrency start-up accused of fraudulently selling up to $15 million of tokens, was sentenced to two months of prison and fined $100,000 for contempt of court.…

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News Quebec Superior Court Rulings

Gun lobby loses bid to thwart Quebec long-gun registry

The National Firearms Association and a Quebec-based pro-gun lobby group failed to put a stop to Quebec’s provincial long-gun registry after Quebec Superior Court held that the registry was constitutionally valid.

In a 26-page ruling that did not take any constitutional experts by surprise, Quebec Superior Court Justice Lukasz Granosik held that Bill 64, Firearms Registration Act, does not infringe on federal jurisdiction because it essentially is about public safety, which is related to provincial jurisdiction on issues of property and civil law as well as the administration of justice.

Why it matters: The gun lobby now fears that other provinces may follow Quebec's lead.…

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Internet Quebec Superior Court Rulings

Quebec City businessman believed to behind PlexCoin found guilty of contempt of court

Dominic Lacroix, a Quebec City businessman believed by the Quebec financial watchdog to be behind the virtual currency PlexCoin, was found guilty of contempt of court.

What happened: Lacroix and his company DL Innov inc. failed to respect broad ex parte orders issued by the Quebec Financial Markets Administrative Tribunal on July 20th that forbade them from “engaging in activities for the purpose of directly or indirectly trading in any form of investment” covered by section 1 of the Quebec Securities Act, either in Quebec or from Quebec to outside of the province.

“Public interest is at stake,” said Quebec Superior Court Justice Marc Lesage in a ruling issued mid-October. “Investor protection is primordial.”…

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Business Quebec Superior Court Rulings Tax

Decision may grant tax authorities with much leeway

Quebec Superior Court overturned a ruling that held that the investigative methods used by federal and provincial tax authorities to investigate corruption in the Quebec construction industry were “highly reprehensible,” paving the way for Canada Revenue Agency and Revenue Quebec to once again pursue tax evasion inquiries that were put on hold for the past two years.

In a series of concurrent decisions, Quebec Superior court Justice Daniel Payette held that the investigation conducted by tax authorities did not contravene the leading Supreme Court of Canada decision in R. v. Jarvis, [2002] 3 SCR 757, which draws a distinctions between civil tax audits and criminal tax investigations.…

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Class actions Quebec Superior Court Rulings

Retailer ordered to pay $1 million in punitive damages in class action

Canada’s largest discount furniture and appliance retailer was ordered to pay $2.36 million, including $1 million in punitive damages, to thousands of consumers after Quebec Superior Court found that it engaged in deceptive advertising and marketing with its popular “buy now, pay later” promotions.

The ruling, one of a handful of Quebec class actions that was decided on its merits, represents a convincing victory for consumer’s rights and serves as a cautionary tale for business that rely on false and misleading advertising pitches to lure customers, according to legal experts.…

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Legal business Quebec Quebec Superior Court Rulings

Quebec notaries and lawyers lose legal battle against title insurers

The governing bodies of the Quebec legal and notary professions lost a suit against American-based insurers after Quebec Superior Court held that they did not overstep their bounds in preparing, registering and discharging mortgages on real estate.

In an eagerly-awaited decision that highlights the growing impact of technology on the legal profession, Justice Chantal Chatelaine held that insurers that offer title insurance do not practice law, do not provide legal opinions, and do not prepare or draw up mortgages.

“The importance of the case has to do with the obstacles which can be put in the way of modernization and efficiency,” remarked Simon Potter, Ad. E., a Montreal lawyer with McCarthy Tétrault LLP who successfully plead the case on behalf of FCT Insurance and First Canadian Ltd, part of the global company FAF International.…

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Court of Quebec Legal business Quebec Quebec Superior Court

Quebec Superior Court judges launch suit against governments

In an extraordinary development at a time when the justice system in Quebec is grappling with the after-effects of the landmark Jordan ruling, Quebec Superior Court judges have launched a suit against the federal and provincial government over the exclusive jurisdiction of the Court of Quebec in some civil matters.

The suit against the Attorney General of Canada and Quebec is seeking a declaratory judgment to determine whether the Quebec government has violated the Constitution Act, 1867 by giving the provincial court exclusive jurisdiction to hear claims over $10,000.

The constitutional challenge, initiated by Quebec Superior Court’s chief justice, senior associate chief justice and associate chief justice, also questions whether the Court of Quebec has the jurisdiction to hear appeals from administrative tribunals.…

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Quebec Quebec Superior Court

Jordan timelines apply to civil matters

The timelines set by the landmark Jordan decision applies to civil cases as well.

The Supreme Court of Canada in R. v. Jordan 2016 SCC 27 criticized the country’s legal system for its “culture of complacency” and sets out new rules for an accused’s right to be tried within a reasonable time frame. It laid down a ceiling of 30 months for matters before Superior Court cases to be completed. Provincial court trials should be completed within 18 months of charges being laid, but can be extended to 30 months if there is a preliminary inquiry.

Up until recently it was widely considered that the Jordan framework applied to only criminal cases.

Not so, according to two separate rulings by Quebec Superior Court.…

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