Rulings
-
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. Continue reading
-
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. Continue reading
-
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. Continue reading
-
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. Continue reading
-
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. Continue reading
-
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. Continue reading
-
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. Continue reading
-
Sperm donor granted visitation rights
A sperm donor was granted access rights by the Quebec Court of Appeal after he was deemed as a “significant” third party whose presence “could probably benefit” the child in a decision that has perplexed some family law experts. Continue reading
-
Disclosing documents to police does not necessarily entail a waiver of privilege, holds Quebec Appeal Court
A voluntary disclosure of a report protected by privilege to assist police in a criminal investigation does not quash the privileges attached to the document held the Quebec Court of Appeal in overturning a lower court decision, the latest indication that case law surrounding privilege continues to evolve, according to a legal expert. Continue reading
-
McGill law professors unionized
Almost a year to the day when McGill law professors formally launched proceedings to become recognized as an exclusive bargaining unit for faculty members, the longer than expected legal battle culminated with an unequivocal victory after the Quebec labour board issued granted certification, a first for professors in the university’s 200-year history. Continue reading
-
Parents appeal decision to remove allowing hospital to remove child’s breathing tube
The parents of a five-year old child who has been in a coma for the past six months will appeal a Quebec Superior Court decision allowing a Montreal children’s hospital to permanently remove the breathing apparatus in a heart-breaking case that is in line with jurisprudence, according to health law experts. Continue reading
Tags: forced medical care