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Supreme Court of Canada

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Thursday, December 05, 2019 @ 11:47 AM

Liability for unlawful arrest and right to refuse to comply | Sylvie Rodrigue

On Nov. 29, 2019, the Supreme Court of Canada (SCC) rendered its decision in Kosoian v. Société de transport de Montréal, 2019 SCC 59 and unanimously ruled in favour of Bela Kosoian, overturning the decisions of the Quebec courts below and ordering the Société de transport de Montréal (STM) (the authority responsible for the subway system), the City of Laval and constable Fabio Camacho to pay her $20,000 in relation with her detention and arrest 10 years ago. ... [read more]

Friday, November 29, 2019 @ 3:00 PM - Last Updated: Friday, November 29, 2019 @ 4:38 PM

SCC awards $20,000 for unlawful arrest, says police must know law, respect civil liberties Justice Suzanne Côté

A university student who fought her illegal arrest up to the highest court has been vindicated by the Supreme Court of Canada, which unanimously awarded her $20,000 for the mistreatment she suffered after she exercised her right not to comply with a subway inspector’s unlawful order to hold the handrail on a down escalator in Montreal’s subway system. ... [read more]

Friday, November 29, 2019 @ 2:58 PM

FAULT - Abuse of powers - Abusive detention or arrest - Apportionment of liability

Appeal from a decision of the Quebec Court of Appeal dismissing Kosoian’s action for unlawful arrest against the Société de transport de Montréal (STM), the City of Laval (City) and Camacho, a police officer employed by the City. ... [read more]

Thursday, November 28, 2019 @ 5:23 PM

‘Watershed’ SCC judgment rules provincial law governs maritime contractual dispute over liability Daniele Dion

In what counsel are calling a “watershed” maritime law ruling, the Supreme Court of Canada has ruled 9-0 that Quebec contract law, not federal maritime law, applies to a contract formed in Quebec for the purchase of ship engine parts that were discovered much later to be defective. ... [read more]

Thursday, November 28, 2019 @ 2:08 PM

DIVISION OF POWERS - Navigation and shipping - Property and civil rights - Determination of jurisdiction

Appeal from a judgment of the Quebec Court of Appeal holding the defendants Wärtsilä Nederland B.V. and its Canadian division, Wärtsilä Canada Inc. (“Wartsila”) liable for latent defects in ship engine parts sold to the plaintiff Transport Desgagnés Inc. (“TDI”), but limiting its liability to €50,000 pursuant to a limitation of liability clause in the contract. ... [read more]

Monday, November 25, 2019 @ 11:14 AM

Supreme Court’s municipal law ruling shakes up commercial contracting in Quebec: expert Pier-Olivier_Fradette

Towns and cities in Quebec will have to “tighten up drastically” their control of commercial engagements between their employees and goods and service providers in the wake of a Supreme Court of Canada ruling which shakes up settled law, says a municipal law specialist. ... [read more]

Friday, November 22, 2019 @ 1:03 PM

CONTRACT - Who has authority to bind municipality - Validity

Appeal from a judgment of the Quebec Court of Appeal affirming a decision granting Octane Stratégie inc.’s (Octane) action against the City of Montreal (the City). ... [read more]

Thursday, November 21, 2019 @ 2:47 PM

SCC to hear AG’s appeal from decision greenlighting misfeasance in public office suits against Crowns Chief Justice Wagner

The Supreme Court of Canada has agreed to hear an appeal by the attorney general of Ontario from a groundbreaking ruling that Crown attorneys are not immune from being sued for misfeasance in public office. On Nov. 21, the top court granted permission to appeal from last April’s per curiam judgment of the Ontario Court of Appeal in Clark v. Ontario (A.G.) 2019 ONCA 311 ... [read more]

Thursday, November 21, 2019 @ 9:09 AM

Supreme Court to settle constitutional turf war between federal, provincial judges in Quebec Sonia_LeBel

Quebec is asking the Supreme Court of Canada to overturn a successful constitutional challenge by the judges of the Quebec Superior Court to the province’s power to raise from $70,000 to just below $85,000 the exclusive monetary jurisdiction of Quebec’s provincial court — a move which the Quebec Court of Appeal ruled unconstitutionally trenches on the superior court’s core general jurisdiction to resolve “substantial” civil disputes under s. 96 of the Constitution Act, 1867. ... [read more]

Friday, November 15, 2019 @ 2:59 PM - Last Updated: Monday, November 18, 2019 @ 3:14 PM

SCC rules Jordan’s presumptive caps on trial delay apply in youth court Michael Moldaver

The Supreme Court of Canada has declined to impose lower constitutional limits on trial delays in youth court, ruling 6-3 that the 18-month and 30-month presumptive ceilings the top court set for trying adults in the watershed Jordan decision apply also in proceedings under the Youth Criminal Justice Act (YCJA). ... [read more]