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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.

 

WHAT ARE MY RIGHTS IF I’AM STOPPED BY THE POLICE? WHAT DO I SAY? Legal Blog

If a police officer stops you to ask you questions, here are a few guidelines. Start, by being polite. In any of the three situations below, an officer will have grounds to stop you, if: they suspect that you have committed a crime; they see you committing a crime; you are driving If the police […]

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WRONGFUL DISMISSAL & COMPENSATION Employment LawLegal Blog

If you have been wrongfully dismissed, you are entitled to compensation from your former employer. As a general rule, an employer can terminate an employee. However, employees with two years of service are entitled to reinstatement to their employment if the employer does not have just reason or cause for the termination of the employment. […]

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SELLERS AND BUYERS, BEWARE – OF HIDDEN DEFECTS Legal BlogProperty Law

Whether you sell or purchase a property, you may be faced with one of the following situations that must be dealt with promptly. If you sold your property, or you intend to do so, claims can be made against you for hidden defects months or even years later. For example, water infiltration from the roof, […]

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CUSTODY AND RELOCATION AWAY FROM QUEBEC Family LawLegal Blog

After a break up, a parent may want to get closer to his or her country or province of origin in order to rebuild a new life. But what about the child and the parent remaining in Quebec? Obviously, shared custody is not possible. This discussion will briefly review the factors that a Court will […]

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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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