Law in Quebec

News about Quebec legal developments


Mount Real

  • Investors delighted but insurers concerned

    A ruling that ordered an insurance company to pay $460,000 to a Quebec couple after their financial advisor invested their retirement nest egg in promissory notes in scandal-plagued Montreal financial group Mount Real Corp. has raised questions over the scope of professional liability insurance coverage in the province and ostensibly broadened investor’s protection.

    Quebec’s financial and insurance sectors are now worried over the impact of a Quebec Court of Appeal unanimous decision that declared inoperative clauses excluding gross negligence in professional liability insurance policies under the Act respecting the distribution of financial products and services (ADFPS). Law insurance experts are speculating that the finding may have a reach beyond the ADFPS, and affect professional liability insurance policies held by the indemnity funds of Quebec’s 44 professional corporations, including the Barreau du Québec. The Quebec legal society declined to comment.

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  • Mount Real scandal: Three more convicted

    Several weeks after three more individuals linked with the bankrupt Montreal financial group Mount Real Corp. were ordered to pay fines ranging from $7,000 to $104,500, its former president now faces charges in an another alleged fraud that dates back to 1998.

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  • Mount Real financial scandal – Conviction #19

    When Paul Messier Jr. pled guilty in mid-January to 10 counts before Court of Quebec Justice Jean-Pierre Boyer, it marked the nineteenth conviction against individuals in the Mount Real financial scandal.

    Quebec’s securities watchdog, the Autorité des marchés financiers (AMF) accused Messier of aiding Mount Real Acceptance Corporation and Investissements Real Vest Ltée. with illegal distribution,  and acting as a securities dealer or adviser without being registered. He was fined $104,000.

    After a three-year investigation involving six investigators who sifted through 375 boxes of evidence and 1.5 million e-mails and other electronic documents, the AMF filed four years ago 619 charges against 24 individuals who acted as representatives in the matter of Mount Real Corporation and its subsidiaries. So far, 19 have been found guilty on 498 charges, and fined a total of $2.3 million.

    Mount Real was a firm that provided management and accounting service and strategic advice to companies and individuals. Its principal business activity, though, was selling magazine subscriptions. In operation from 1997 to 2005, Mount Real’s structure was extremely complex, with up to 120 companies linked to it. A Toronto Stock Exchange listed company, the company boasted $5.7-million in revenues and $89.7-million in assets in fiscal 2004. In November 2005, the Quebec securities regulator shut down its offices after a probe.

    Approximately 1,600 retail investors lost $130-million on unregistered investment notes issued by Mount-Real and its affiliated companies.

  • Do jail sentences deter future white-collar crimes?

    The courts appear to have heard calls from victims of white-collar crime demanding stiffer sentences against those found guilty of swindling investors.

    In October 2009, Vincent Lacroix, a high-profile Quebec white-collar criminal found guilty of masterminding a $130-million fraud with 9,200 victims, was sentenced to 13 years in jail. A little over a year later, in February 2010, former Montreal financial adviser Earl Jones was sentenced to 11 years in prison, after pleading guilty to two fraud charges related to a $50-million Ponzi scheme he orchestrated.

    But an accounting professor who published a study on occupational fraud is far from convinced that stiff jail sentences on white-collar criminals will prove to be an effective deterrent.

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Law in Quebec
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