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Rulings

Criminal justice Quebec Court of Appeal Rulings

Quebec Court of Appeal comes down harder on pedophile

On December 2014 Cenan Rayo, a thirty-something Columbian native and the father of a ten-month old infant, sent an invitation on Facebook to a 12-year old girl to become his “friend.” Rayo, while not a family friend, knew the mother because they were part of a small Columbian community, and ran across each other in different places, including the local church.…

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Class actions Rulings

Quebec judge certifies class-action lawsuit against Just for Laughs founder Gilbert Rozon

A class action launched by 20 women who allege they were sexually assaulted or harassed by the founder of Just for Laughs was certified by Quebec Superior Court.

Why it matters: “If the plaintiff was not authorized to file the current class action, it is highly likely that many victims would be deprived of their ability to exercise their rights," said Justice Bisson.…

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Quebec Human Rights Tribunal Rulings

Quebec Human Rights Tribunal finds aluminum maker discriminated against students

A large aluminum manufacturer was ordered by the Quebec Human Rights Tribunal to amend their collective agreement and pay 157 students who were discriminated against on the basis of their age and their "social condition" $1,000 to each student in moral damages.

Why it matters: "Discrimination in employment, based on the social condition, is prohibited by the Quebec Charter, and one cannot impose a distinction based on the sole fact that the employees are students."…

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Quebec Court of Appeal Rulings

Potential buyer entitled to back down from purchasing a $1.3 million home, rules court

A Quebec man who backed out of a promise to purchase a $1.3 million home in Gatineau won his case after the Quebec Court of Appeal held that he was entitled to renege the agreement because the sellers failed to adequately inform the buyer and therefore vitiated his consent.

Why it matters: “The decision underlines the importance of the seller’s duty to inform the buyer, and their obligation to know what it is that they are selling."…

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Quebec Quebec Court of Appeal Rulings

Quebec Court of Appeal voids bylaw forcing protesters to provide itinerary to police

A City of Montreal bylaw that forced protesters to provide an itinerary to police ahead of time was struck down by the Quebec Court of Appeal after it ruled that it was arbitrary, excessive, and unreasonable.

Why it matters: The decision limits the discretionary powers a municipality can confer to police and sheds light on how the Charter protection of freedom of expression applies to demonstrations.…

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Court of Quebec Criminal Code of Canada Criminal justice Quebec Rulings

Employer found guilty of manslaughter following fatal work accident

A general contractor has been found guilty of manslaughter after one of his employees was killed by being buried in a trench, marking the first time in Quebec that a breach of provincial occupational health and safety legislation served as the basis for a manslaughter conviction under the Criminal Code.

Why it matters: It is extremely rare for employers to be charged with criminal negligence and manslaughter.

What's next: The contractor is scheduled to be sentenced in May. “I’m eagerly looking forward to the sentence – that’s where we will see what kind of message the courts will send,” said a health and safety lawyer. “If he ends up in prison, that to me will have much more of an impact than a guilty plea.”…

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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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Criminal justice Quebec Quebec Court of Appeal Rulings

Quebec Court of Appeal provides comprehensive guidance over Jordan in two rulings

A Montreal man who was charged with killing his wife but whose case was the first Quebec murder case to be stayed following the landmark Jordan ruling will not face a new trial, the Quebec Court of Appeal ruled after issuing a concurrent and “very important” decision that clarifies and provides practical guidance on the application of the landmark Jordan decision.

Why it matters: The legal community is still grappling with the landmark Jordan ruling, and this is yet another effort to spell out clearer guidelines. Or as a criminal lawyer put it: “Jordan is going to be a continuous process, of refining and interpreting." …

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