Rulings
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Controversy erupts after Quebec Appeal Court grants asylum seekers access to subsidized daycare
Asylum seekers in Quebec, after waging a long legal battle, can now have access to subsidized daycare after the Quebec Court of Appeal found that a provincial policy was discriminatory in a decision hailed by legal experts but mired in political controversy. Continue reading
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Strip search not discriminatory, rules Quebec Appeal Court
A Quebec Human Rights Tribunal that found that a prisoner had been discriminated against during a strip search because he had been viewed by a correctional services officer of the opposite sex was overturned by the Quebec Court of Appealed a Human Rights Tribunal decision. Continue reading
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Human rights lawyers hail Quebec tribunal’s finding that pension provision is discriminatory
A legislative provision in the Act respecting the Quebec Pension Plan that financially penalizes disability claimants at age 65 was declared unconstitutional because it infringed the right to equality under the Canadian Charter. Continue reading
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New trend in case law emerges dealing with work-related psychological trauma
A new trend in case law dealing with work-related psychological trauma has emerged over the past year that both clarifies the test dealing with workplace mental injury and will likely lighten the burden for employees to make their case, according to legal pundits. Continue reading
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Far-reaching decision addresses racial profiling in prisons
The Quebec Human Rights Tribunal ordered the Attorney General of Quebec and eight prison employees to pay a young black man $41,500 in moral and punitive damages in a decision deemed to be a major step forward in the recognition of racial profiling and the duty to accommodate in prisons. Continue reading
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Quebec Appeal Court seeks to avoid opening floodgates for claims against landlords, say experts
The Quebec Court of Appeal, concerned about opening the “floodgates” for claims against landlords, held that a commercial tenant could not invoke the notion of legal disturbance to stop paying their rent during the COVID-19 pandemic. Continue reading
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Crypto-asset exchange platforms under the spotlight
The Quebec financial watchdog is clamping down on foreign crypto-asset trading platforms. Continue reading
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Impact of lengthy imprisonment on offender family’s is a mitigating factor
Impact of lengthy imprisonment on offender family’s is a mitigating factor, deems the Quebec Appeal Court Continue reading
Tags: sentencing -
Insurer to pay $1.5 million after Quebec Superior Court deems suicide exclusion to be null and void
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. Continue reading
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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… Continue reading
Categories: Civil Code of Quebec, Class actions, Quebec, Quebec Court of Appeal, Quebec Superior Court, RulingsTags: class actions