Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

PÉNAL (DROIT) : La juge de première instance n’a pas erré en déclarant recevable l’enregistrement vidéo de la déclaration qui a été faite par la victime à la police 14 mois après la commission des gestes infractionnels de nature sexuelle; par ailleurs, les directives données par la juge au jury . . . [more]

The ability to craft compelling proposals is not merely a skill but an art form. Whether responding to a request for proposal or proactively seeking new business with unsolicited proposals, the process demands finesse, strategy, and a deep understanding of client needs.

Why Proposals Matter

Proposals represent more than mere submissions; they represent an opportunity for your firm to stand out among your peers. Each proposal is a testament to your expertise, understanding of client needs, and a roadmap to solutions. Crafting a proposal is about showcasing capabilities, forging trust and establishing credibility with prospective clients.

Crafting a Winning Proposal . . . [more]

The recent changes to the Family Law Act dealing with pets in the context of family law disputes received a lot of attention and were widely celebrated. However, they didn’t do much to alter the fundamental treatment of pets as chattel. This article provides a brief digest and analysis of those amendments.

On 15 January 2024, the portions of British Columbia’s Family Law Act dealing with the division of property were amended to address pets, the idea being that people have important emotional relationships with pets and post-separation conflict might be reduced if clear guidelines were provided. Prior to these . . . [more]

Written by Daniel Standing, LL.B., Content Editor, First Reference Inc.

This case reads like a cautionary tale for employers. In 2024 O.H.R.T.D. No. 862, the Ontario Human Rights Tribunal exposed the danger of adopting an inflexible approach to an employee’s challenging caregiving role at home. In the end, significant damages were awarded for the failure to accommodate and for reprisal. Other employers can avoid the same fate by understanding the rights and obligations at play in this context. . . . [more]

Do you know where the word “trial” come from? Its origins date back to the 12th-century French word trier, meaning “try,” “pick out,” or “cull.” By the 15th century, it referred to “an examination before a court” or “putting to proof by examination.”

But interestingly, and not accidentally, by the 16th century the definition of “trial” had grown to include “being subject to affliction or trouble through experience.” Today, it also commonly refers to an “ordeal,” with equally fun synonyms like “hardship,” “suffering,” and “nightmare” — any of which would probably resonate with the average recent litigant.

Trials aren’t . . . [more]

At the beginning of each month, we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII in the previous month and we give you a small sense of what the cases are about.

For this past month, the three most-consulted English-language decisions were:

1. Veerasingam v. Licence Appeal Tribunal, 2024 ONSC 3730

[2] Many lawyers graduate from law school thinking that their cases will be won with erudite advocacy concerning esoteric questions of complex jurisprudence intertwined with contemporary ideals of public policy reform.

[3] But as every experienced advocate understands, the reality of . . . [more]

On August 17, 2014, fifteen-year-old Tina Fontaine was found dead in Winnipeg’s Red River. It had been over two weeks since Tina was reported missing. Among the more disturbing details of Tina’s death was the fact that in the twenty-four hours prior to her disappearance, she had been seen by child welfare workers, healthcare professionals, and police officers. How did a system that is purportedly built to protect Canada’s most vulnerable fail Tina at every step? As a member of Sagkeeng First Nation, Tina’s story is not only part of the humanitarian crisis of Missing and Murdered Indigenous Women . . . [more]

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

PÉNAL (DROIT) : La Cour rejette l’appel d’un jugement ayant déclaré l’accusé coupable de possession de drogues en vue d’en faire le trafic et de possession de produits de la criminalité après que la requête en exclusion de la preuve présentée par l’accusé eut été rejetée par le juge de . . . [more]

Whether a restrictive covenant, like a non-compete clause, is enforceable depends on the context. In Dr. C. Sims Dentistry Professional Corporation v. Cooke, 2024 ONCA 388, Justice van Rensburg of the Ontario Court of Appeal upheld the trial judge’s decision to enforce the restrictive covenants placed on a dentist after he sold his practice. 

In her reasons, Justice van Rensburg notes that courts will give more scrutiny to the reasonableness of a restrictive covenant in the employment context. Conversely, when looking at restrictive covenants in the context of a sale of a business, courts will apply the presumption . . . [more]

Justice Jamal and the Supreme Court deserve passing marks for their transparency in addressing the request by the Quebec Government that the judge recuse himself in Quebec Secularism Law (Bill 21) case. This is in sharp contrast to the “F” that almost every commentator would give the high court for its dealings with the complaint against Justice Russell Brown in 2023 (see for example this scathing critique from Professor Geoff Sigalet).

Just to remind readers, the Supreme Court’s strategy in that instance was to say nothing and hope no one noticed that Justice Brown did not sit on any cases . . . [more]