Quebec Superior Court
-
Quebec justice minister, judiciary locked in ‘power struggle’ over bilingualism requirements for judges
In a clear setback for the provincial justice Minister, Quebec Superior Court held that under a regulation introduced a decade ago the Chief Justice of the Court of Quebec can require bilingualism in the judicial appointment process even it runs against the wishes of the minister. Continue reading
-
Quebec man “returned” from his “legal” death
Sometimes a person who has been legally declared dead is not dead. In a remarkably rare turnabout, a Canadian insurer successfully convinced Quebec Superior Court to annul a judicial declaration of death of a Montreal man who disappeared in 2008 after reliable signs of life were uncovered, freeing it of its obligation to pay $500,000… Continue reading
-
Mandatory retirement clauses breach Quebec Charter, rules court
Professional services firms that have mandatory retirement policies are discriminatory and in breach of the Quebec Charter, held Quebec Superior Court in a ruling that has the legal community buzzing over its implications. Continue reading
-
Court deems COVID-19 measures a “misfortune”
There is no doubt that the measures put in place by the federal and provincial governments are a “misfortune.” Continue reading
-
Anti-vaxxer mom loses bid to prevent her kids from being vaccinated
An anti-vaxxer mother lost her bid to prevent her two children from being vaccinated. Continue reading
Tags: Covid-19 -
$115,000 in damages awarded to victim of wrongful arrest
Three police officers and the City of Montreal were ordered to pay $115,000 in damages following a wrongful arrest. Continue reading
-
Damages awarded to victims of conjugal violence
A man who subjected his ex-wife to nine years of domestic violence was ordered by Quebec Superior Court to pay her nearly $47,000 in damages, the second time in less than a month that a Quebec court ordered an abusive spouse to pay damages for the violence they inflicted. Continue reading
-
Quebec Superior Court upholds secularism bill exempts English-language schools
Quebec’s controversial secularism law that bans religious symbols from being worn by government employees was largely upheld by Quebec Superior Court thanks to the provincial government’s use of the notwithstanding clause even though it disproportionately harms women, and particularly Muslim women. Continue reading
-
Landmark ruling for trans rights
Quebec, once on the forefront of trans rights, is now joining the ranks of most Canadian jurisdictions after Quebec Superior Court declared unconstitutional several articles of the Civil Code of Quebec that discriminated against trans and non-binary people. Continue reading
-
Parent loses child custody during COVID-19
Non-respect of public health measures during a pandemic may be considered to be “reprehensible, even harmful, conduct to the development of a child,” held Quebec Superior Court Justice Claude Villeneuve in a child custody case. Continue reading
-
Paying rent during COVID-19
The obligation to pay rent during the pandemic is an issue the courts are grappling with. Continue reading