Litigants who obtain evidence seized through Anton Piller orders, an extraordinary legal measure granted in exceptional circumstances, do not have an “automatic” right to review the material, according to a recent ruling by the Quebec Court of Appeal. Continue reading
A decade after reforming the Code of Civil Procedure based on the principle of proportionality, Quebec intends to overhaul it once again in order to establish a more rapid, more efficient and less costly civil justice that would improve access to justice and increase public confidence in the justice system. Continue reading
A privacy class action suit launched by a software engineer against Apple Inc. and Apple Canada Inc. was granted authorization by Quebec Superior Court late last month. Continue reading
When the final tally was counted, the labour movement could be forgiven for heaving a sigh of relief. The Senate this week amended, some say eviscerated, legislation passed by the House of Commons that would have given organized labour another sound reason to believe it is under siege. What follows is a look at legal developments that could shape the Canadian labour landscape for years to come. Continue reading
The professional corporations overseeing lawyers and engineers declared recently that they now intend to get even tougher on crooked professionals. Where were they when Quebecers needed them most? Continue reading
A former lawyer and her companion who made the lives of their neighbours so miserable that they fled to Alberta before even selling their home have been condemned to pay more than $77,000 in damages by Quebec Superior Court recently. Continue reading
In light of recent disturbing revelations over the reach and scope of government surveillance, privacy is on people’s minds. Here is a story I wrote about workplace privacy and the issues employers and the legal profession are grappling with. Continue reading
Canadian companies who paid little heed to anti-bribery compliance can no longer afford to be complacent following proposed amendments that will beef up Canada’s anti-corruption laws and bring it somewhat in line with jurisdictions such as the United States and the United Kingdom. Continue reading
On an unusually warm and foggy Saturday evening this past December the $1.7-million home of Dany Perras was set ablaze, the third time in the space of a year an act of vandalism targeted the former Montreal lawyer. Perras, who resigned abruptly from the roll in October 2011, is under investigation by the Quebec Bar for allegedly orchestrated a multi-million dollar Ponzi scheme through his lawyers’ trust account. It’s been more than 16 months since the scandal that shook the Montreal legal community erupted, and the fallout is still being felt. Successfully petitioned into bankruptcy, Perras is the subject of an ongoing criminal probe and a host of legal proceedings – many of which are under court seal — launched by more than a dozen creditors seeking an amount surpassing $6 million. Continue reading
New anti-money laundering regulations introduced to demonstrate Canada’s tough stance on dirty money to international authorities will require reporting entities to spend more money, resources, and time to be in compliance, according to experts. Continue reading
Days before the former head of Canada’s largest engineering firm was formally charged with fraud, SNC-Lavalin Group Inc. won a key legal battle against the provincial securities regulator. Continue reading
The use of contempt of court in civil proceedings will likely diminish over time as judges begin to exercise discretionary powers to redress abuse of process under legislation originally designed to thwart SLAPPs, or strategic lawsuits against public participation, observed the Quebec Court of Appeal. Continue reading
The lead counsel of a commission of inquiry into allegations of corruption in Quebec’s construction industry inadvertently found himself in the spotlight over a thorny legal question surrounding the immunity of witnesses who testify before the inquiry.
Sylvain Lussier, lead Commission counsel of the Charbonneau Commission, said early this week that the sworn testimony of witnesses who testify during commissions of inquiry cannot be used against them in criminal proceedings. But the same may not hold true for civil proceedings.
He then backtracked after his team ostensibly examined the jurisprudence, and asserted that witnesses are protected from civil suits.
Except that Lussier said nothing new. Continue reading