4 février 2025
Proposition de Fuoco
The trial judge did not err in finding that respondents’ debt, arising from latent defects affecting the immovable purchased from the debtors that were discovered after their proposal and discharge, was not a provable claim; indeed, it did not meet the criterion of “sufficie...
4 février 2025
Koneak v. R.
Given the crucial importance in this case of the question of planning and deliberation as regards the murder, the trial judge should have summarized the relevant evidence regarding these issues in a structured and clear manner, and should have established links with the appl...
31 janvier 2025
Ratt c. R.
The three errors committed by the accused's trial counsel, that is, the failure to prepare his testimony, the failure to call a crucial witness, and the failure to consider the accused's post-offence conduct, establish ineffective assistance; the Court orders a new trial....
28 janvier 2025
Autorité des marchés financiers v. Mavielab Ltd
The respondents’ numerous apparent serious breaches of the Securities Act, established following a de novo hearing, while the Autorité des marchés financiers’ investigation is ongoing, lead the Tribunal to be cautious; the ex parte decision rendere...
28 janvier 2025
Autorité des marchés financiers v. Allard
The Tribunal agrees to partially lift the freeze and cease trade orders to allow the respondents to pay tax debts and their legal fees; they have the means to pay their debts, while preserving the assets protected by the freeze orders.
...
21 janvier 2025
Blacksmith c. R.
The trial judge failed to make the connection between the background or systemic factors and the degree of moral culpability of the appellant, a member of the Cree Nation who discharged a firearm in an act of desperation; an 18-month conditional sentence is substituted for t...
17 janvier 2025
A.P. v. Procureur général du Québec
The appellant has failed to establish that section 10, paragraph 4 of the Health Insurance Act, which sets a cap on the reimbursement of medical services received outside Quebec, discriminates against Quebec women that require reproductive health care.
...
16 janvier 2025
Option Consommateurs v. Google
The plaintiff is authorized to institute a class action against Google, alleging that it collected, without prior authorization, information belonging to its members when they used Google services and Google tools and shared that information with third parties.
...
13 janvier 2025
Procureur général du Québec v. Kanyinda
The exclusion in section 3 of the Reduced Contribution Regulation of parents who are refugee claimants staying in Quebec and who hold a work permit from the subsidized childcare program for their children constitutes discrimination based on sex that unjustifiably in...
19 novembre 2024
Tshilumba v. R.
The appellant, who was convicted of first degree murder after stabbing the victim in a Montreal supermarket, must undergo a new trial; the contradictory instructions concerning the appellant’s post-homicide conduct prevented the jury from properly assessing the sequence of e...
18 novembre 2024
Association canadienne du vapotage v. Procureure générale du Québec
Although a more flexible approach seems to be developing in summary dismissal matters, there are many reasons to continue to be cautious with respect to applications for judicial review, a fortiori where the application challenges the constitutionality of certain statutory p...
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