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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.
The pathway towards a timely and effective settlement of your case Alternate Dispute ResolutionLegal BlogLegal BlogLegal BlogLegal BlogLegal BlogLegal BlogLegal BlogLegal Blog
by Me Alice Florian Preview Our justice system places great value on an individualistic approach where the rights of the individual must be recognized and upheld. Under this “rights-based approach”, litigation is engaged in to protect the individual against the assertion of the rights of others. Under the “rights based approach”, positions can have more […]
Read moreHow To Avoid Costly Litigation Through Alternate Dispute Resolution Alternate Dispute Resolution
By Me Alice Florian The traditional conception of lawyers The traditional conception of lawyers Traditionally trial lawyers are viewed and expected to be “rights warriors” or zealous advocates. While some occasions may require aggressive action and skilful argument, the traditional conception of the role of a lawyer no longer satisfies the expectations of the client. […]
Read moreDivorce: what you need to know Family LawFamily Law
Is your relationship at a point where you are definitely considering a divorce? This article will help you better understand the different elements to consider for your divorce. This discussion is in two parts. In the first part (A), we will discuss the general formalities/procedure of divorce. In the second part (B), we will discuss […]
Read moreSEPARATION OF “COMMON-LAW” (DE FACTO) COUPLES
by Me Alice Florian In Quebec, approximately 40%1 of couples live in a de facto union (in other jurisdictions referred to as a common-law relationship). De facto spouses cohabit and may start a family, but they never marry or unite in a civil union. However, under the Civil Code of Quebec, the status of a […]
Read moreWHAT ARE MY RIGHTS IF I’AM STOPPED BY THE POLICE? WHAT DO I SAY?
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 […]
Read moreWRONGFUL DISMISSAL & COMPENSATION Employment Law
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. […]
Read moreSELLERS AND BUYERS, BEWARE – OF HIDDEN DEFECTS Property 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, […]
Read moreCUSTODY AND RELOCATION AWAY FROM QUEBEC Family Law
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 […]
Read moreDroit 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 […]
Read moreR. 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 […]
Read moreTransforce 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 […]
Read moreHemens 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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