A new legal landscape governing labour relations may be in the horizon in Quebec following a Court of Appeal decision that found that the provincial Labour Code breached the Canadian and Quebec Charters by prohibiting first-level managers from unionizing.
The Supreme Court of Canada will examine the constitutionality of a provincial ban that forbids the growing of recreational cannabis for personal use.
Following in the footsteps of Quebec, a new tort in family violence has been recognized in Ontario.
In a clear setback for the provincial justice Minister, Quebec Superior Court held that under a regulation introduced a decade ago the Chief Justice of the Court of Quebec can require bilingualism in the judicial appointment process even it runs against the wishes of the minister.
Sometimes a person who has been legally declared dead is not dead.
In a remarkably rare turnabout, a Canadian insurer successfully convinced Quebec Superior Court to annul a judicial declaration of death of a Montreal man who disappeared in 2008 after reliable signs of life were uncovered, freeing it of its obligation to pay $500,000 in life insurance.
Professional services firms that have mandatory retirement policies are discriminatory and in breach of the Quebec Charter, held Quebec Superior Court in a ruling that has the legal community buzzing over its implications.
The McGill University Health Centre was ordered by small claims court to pay $15,000 to the parents of a 33-year-old man who died.
A Quebec notary with drug problems and in financial straits was found guilty of misappropriating more than $50,000 from a client by a disciplinary committee, the eighth case heard by disciplinary councils over the past year dealing with pilfering by legal professionals, something that has been described as the profession’s dirty little secret. Daniel Girouard, who was admitted to the Chambre des notaires in 1986, was found guilty of breaching articles 1, 13, and 56 (7) of the Code of ethics of notaries — of failing to act with dignity, abiding by the strictest rules of integrity, and misappropriation. Girouard misappropriated $59,250 held in his trust account, and used it to pay his drug debts. In an email to an investigator, Girouard said: “I know anyway that I will be struck off. I am addressing you in order to minimise the misery of the parties in this case. As for the consequences for me vis-à-vis the Chamber and the tax authorities, I take responsibility.” The disciplinary committee will determine his sanction at a later date. …
There is no doubt that the measures put in place by the federal and provincial governments are a “misfortune.”
The Quebec Court rules reaffirms validity of perpetual contracts, and rules on tax on insurance premiums.
Insurer loses battle against Quebec tax authorities.
