Law in Quebec
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Tough new anti-corruption laws in the horizon
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
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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
Also
- By 2021 more than half of lawyers in Quebec will be women, reveals the latest annual report of Quebec’s legal society. At present, women already make up nearly half of the Bar’s Roll of Order, with 11,838 members or 49 per cent of membership, the highest percentage in North America. On average women practising the profession are younger and have less experience than men. The 12,301 men who are currently practising are around 48 years old and have 21.6 years of experience, compared with women who are 41, with 14 years of experience. (more…)
- Class actions appear to be thriving in Quebec. A series of suits launched recently seem to enhance the province's reputation as a have for class action suits. But that may be illusory. Yesterday FTQ-Construction, the largest construction union in Quebec, was slapped with a class action following an illegal strike that paralyzed much of the industry in late October. (more…)
- More than a year after the Quebec auditor general revealed that courthouses in the province are underused and that the provincial ministry of justice fails to analyze readily available administrative and financial data that would help it become more efficient and cost-effective, the justice department is tightlipped over what, if any, progress it has made to remedy the situation. (more…)
- Nearly three years ago, after sensing that clients’ expectations were shifting, with growing numbers becoming far “less patient” with the profession’s billable hour model, McCarthy Tétrault LLP began an unlikely undertaking for a law firm -- and started evaluating the use of a discipline that has long been a staple in engineering and information technology to manage budgets and resources. (more…)
