Category: Rulings

$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.

Justiciability a major hurdle for climate change lawsuits, assert legal experts

A proposed climate change class action suit by a Montreal environment group against the federal government was denied certification, the latest in a series of climate change litigation cases that have been thwarted.

Quebec appeal court serves timely reminder over linguistic rights

The Quebec Court of Appeal served a timely reminder over the importance of linguistic rights after it ordered a new trial for a convicted drug trafficker whose right to be tried in English was violated.

Quebec Court of Appeal sets clear guidelines over use of screening devices for breath samples

Police officers who demand drivers to provide breath samples must have an approved screening device with them to be able to immediately conduct the test, ruled a full bench of the Quebec Court of Appeal, upending its own previous guidance that allowed delays depending on the circumstances.

Quebec Appeal Court provides guidance to notaries over duty to inform

Quebec Appeal Court provides guidance for notaries over duty to inform.

Homegrown cannabis restriction reinstated by Quebec Appeal Court

A lower court ruling that struck down a provincial ban on homegrown cannabis was overturned by the Quebec Court of Appeal after it held that the province was acting within its jurisdiction.

The contract is king

The contract is king, especially when it involves sophisticated commercial parties who freely negotiated a non-consumer contract, ruled the SCC.

Adjudicator awarded $426,000 in damages

A rental board adjudicator who was threatened to be fired by the Quebec government has been awarded $426,000 in damages after the Quebec Court of Appeal held that he was unjustly forced to resign.

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.