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Welcome to Juris Journal

 

Juris Journal provides easy access to Court decisions that are relevant and applicable to Quebec. Juris Journal is not intended to constitute a legal opinion.

 

Droit de la famille — 161621, 2016 QCCS 3146 (CanLII) Child custodyFamily LawRecent decisions

July 6, 2016 Issue: How should the custody and access rights to the children be established?  Complete Decision. The Facts: The parties were married September 16, 2006. Four children were born from their union.  On January 9, 2014 the parties separated. Under their July 2014 agreement, the mother has custody of the children and the father has […]

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R. v. Jordan, 2016 SCC 27 (CanLII) Recent decisions

JULY 8, 2016 CRIMINAL LAW – SUPREME COURT OF CANADA ISSUE: Right to be tried within a reasonable delay (section 11b of the Charter) and the new framework established by the Supreme Court of Canada.  Complete Decision. HELD:  The right to be tried within a reasonable time is central to the administration of Canada’s system […]

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Transforce inc. c. Baillargeon, 2012 QCCA 1495 (CanLII) Employment lawSeverance

The Facts:  A top level executive (Respondent) is hired by Transforce.  Complete Decision.  Just before being hired by Transforce, he is suspended by his previous employer Ratiopharm because of an anonymous email allegation of embezzlement.  The allegations turn out to be unfounded and Respondent’s suspension is lifted.  During the hiring process with Transforce, Respondent does […]

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Hemens c. Sigvaris Corp., 2004 CanLII 42042 (QC CA) Employment lawSeverance

The Quebec Court of Appeal held that articles 2091 and 2092 of the Civil Code of Quebec regarding sufficient and reasonable notice of termination are of public order.  Complete Decision.  The Courts will have wide discretion  on the reasonableness and adequacy of the notice period.  Such that, if an employee’s contract of employment stipulates a […]

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R.P. v. R.C., [2011] 3 SCR 819, 2011 SCC 65 (CanLII) Family LawSpousal support

Issue: Under what conditions can a previous court order regarding spousal support be modified? Complete Decision. The Facts:  The parties were married 26 years.  In 1991, after the children no longer resided with the wife, the husband was ordered to pay indexed spousal support of $2,000 per month.  In 2006, he retired and sold the house where […]

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Boston v. Boston, [2001] 2 SCR 413, 2001 SCC 43 (CanLII) Family LawSpousal support

Issue:  Whether the payor of spousal support who retires, is entitled to seek the reduction of  support payments on basis that the pension being received was previously considered in equalization of matrimonial property.  Complete Decision. The Facts: The parties were married 36 years.  On the divorce, their assets were equally partitioned resulting in each receiving approximately […]

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Rick v. Brandsema, [2009] 1 SCR 295, 2009 SCC 10 (CanLII) Family LawSpousal support

Issue:  Whether a separation agreement can be set aside after divorce. The Facts: The parties were married 29 years and had 5 children.  Complete Decision. They were each represented by lawyers for their divorce and used mediators during the negotiation of their separation agreement.  A year after the divorce, the wife asked that the separation agreement […]

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Droit de la famille – 09408, 2009 QCCA 397 (CanLII) Family LawSpousal support

The Facts: The parties were married 11 years.  Complete Decision. They separated in 2004 when the wife (Respondent) was 37 years of age and held an engineering degree.  At the time of the divorce in 2009, the Respondent was 41 years of age having made no efforts to find employment.  In 2007, Respondent enrolled in a […]

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Droit de la famille – 081850, 2008 QCCS 3494 (CanLII) Family LawSpousal support

The Facts: The parties were married 8 years.  Complete Decision.  The wife received spousal support for 5 years since their separation in 2003.  The husband earned $30,000 per year.  In 2005, the wife completed her training as a pharmaceutical technician. Decision: After 3 years of seeking employment limited only to pharmacies, the Court finds that […]

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Droit de la famille – 081020, 2008 QCCS 1825 (CanLII) Family LawSpousal support

The Facts: The parties were married 7 years and separated in 2006.  Complete Decision.  At time of marriage each party was employed.  After the birth of their 2nd child in 2002, the wife stopped working.  The husband earned $79,000 per year.  Spousal support of $1,200 per month is ordered at the interim and provisional stages. […]

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Premier Tech ltée c. Dollo, 2015 QCCA 1159 (CanLII) Employment lawUnjust dismissal

Issue:   The notion of serious reason to terminate.  Complete Decision. The Facts: The employer terminates the V.P. finance.  The reason given by the employer is his failure to achieve the financial objectives.  The evidence revealed that the financial difficulties of the employer were related to the the financial crisis, the Canadian dollar and the cost […]

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Ponce c. Montrusco & Associés inc., 2008 QCCA 329 (CanLII) Employment lawUnjust dismissal

Issue:  Abuse of rights in the termination of employment.  Complete Decision. The employer, Montrusco, recruits and encourages the employee to leave his previous employment to join Montrusco.  Eight months later, Montrusco terminates the employee.  The employee claims compensation for moral damages as a result of alleged abuse of right by the employer. Decision:  The Court […]

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