Category: Rulings

Crypto-asset exchange platforms under the spotlight

The Quebec financial watchdog is clamping down on foreign crypto-asset trading platforms.

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

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.

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 the teachings of the Supreme Court of Canada, according to class action experts.

Giving the middle finger is a fundamental right, says judge

In the specific circumstances of this case, the Court is inclined to actually take the file and throw it out the window.

Quebec Appeal Court sets precedent over First Nations police underfunding

The Quebec Court of Appeal held that Ottawa and Quebec breached their duty to act honourably after it refused to adequately finance the police department of a First Nation.

Municipal bylaws over firearms and hunting must be reasonable, rules Court

Quebec municipalities will likely have to review their firearms and hunting bylaws after a farmer who received a fine for shooting a deer on his property waged a successful legal battle that prompted Quebec Superior Court to strike down a municipal bylaw that prohibits hunting as it ran afoul of provincial and federal legislation.

Man not criminally responsible because of sexsomnia

A 46-year old Montrealer accused of sexually assaulting a friend was found not criminally responsible for his actions after Court of Quebec Judge André Perreault found that he suffered from the rare disorder of sexsomnia.

Appeal Court underlines employers do not have a free pass to ask questions to potential employees

A prospective police officer who alleged that the Quebec provincial police force withdrew its pre-employment offer because he has Tourette Syndrome was rebuffed by the Quebec Court of Appeal after it found instead that he was not forthright and did not act in good faith during the hiring process.

Five years later, and still waiting for trial on merits

Telling remarks by Quebec Superior Court Justice Michel Pinsonnault issued during the Christmas holidays that reveals the state of Quebec’s justice system, an issue I have written about repeatedly over the years.

Obtaining punitive damages from police remains “high bar”

The challenge for plaintiffs to obtain punitive damages against police was plainly illustrated yet again according to legal experts.