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Nombre de décisions trouvées : 109

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Tribunal ou organisme : Court of Quebec judgments

Case Name Theme Date
R. v. Mathias The accused has demonstrated that he acted with colour of right as defined in s. 429(2) Cr.C. and is acquitted of mischief 2010-06-22
R. v. Kariouz Despite the nullity of his first marriage, a man is found guilty of bigamy because, at the time of his second marriage, he was "married" within the meaning of s. 290 Cr.C. 2010-04-14
Ross v. Quebec (Deputy Minister of Revenue) The plaintiff may not invoke his aboriginal right to practice commercial fishing or file an expert report on the matter because he failed to provide the Attorney General of Quebec with the notice required under art. 95 C.C.P. 2010-01-29
R. v. Néron A "last drink" or "post-driving" drinking defence that does not challenge the accuracy of the breathalyzer results is admissible as evidence to the contrary to rebut the presumption of identity if it is consistent with the requirements set out in s. 258(1)(d.1) Cr.C. 2010-01-20
R. v. J.L. Under ss. 721(4) and 723(3) Cr.C., the Court of Quebec has jurisdiction to order an assessment of the mental condition and dangerousness of the accused for the purpose of sentencing 2009-12-15
R. v. Corbeil Convicted of influence peddling and fraud while Director General of the Liberal Party of Canada, the accused is ordered to pay a $20,000 fine, serve fifteen months in prison, and pay restitution 2009-12-04
R. v. Piette The accused, who entrusted his computer to a technician and explicitly requested that he search its contents, cannot now claim a violation of his reasonable expectation of privacy 2009-12-04
LSJPA — 0954 A young person, lying disoriented on a hospital stretcher before being examined by a medical professional, subjectively believed he was under detention and required to comply with the officer's requests; therefore, he was unlawfully detained and evidence obtained during the search is inadmissible 2009-12-02
R. v. Roy The accused, convicted of simple assault during a hockey game, is granted an unconditional discharge 2009-10-07
Toronto Dominion Bank v. Caisse populaire Desjardins de Côte des Neiges A bank is entitled to reimbursement from another bank for a cheque on which the payee's name was altered 2009-10-01
Dufour v. R. The documentation relating to the approved alcohol screening devices and breathalyzer instruments is not relevant to making a full answer and defence; motion for disclosure of evidence dismissed 2009-09-04
Conway v. Deputy Minister of Revenue The Tobacco Tax Act is not inconsistent with the Indian Act because it is a law of general application that does not affect the plaintiff in his rights or status as an Indian 2009-09-03
Audette v. R. The issues raised in an application under s. 487.3(4) Cr.C. to vary an order denying access to information used to obtain a warrant affect the constitutional rights of the accused and should therefore be decided by the trial judge 2009-08-14
Adoption — 09184 Although the applicant mother and her partner, the genetic parents, used a surrogate mother, the order for placement for adoption is granted; it is in the best interests of the child to be adopted by the applicant, who obtained special consent from her aunt by marriage, the surrogate mother 2009-06-29
R. v. Auclair The expert bio-chemist is not qualified to issue an opinion on the consequences of the accused's untreated diabetes on his alcohol consumption 2009-06-10
Adoption — 09186 Two foreign adoption judgments in favour of the applicants, who by-passed the Quebec rules governing international adoption, are not recognized as valid 2009-06-02
Echostar Corporation v. Public Prosecution Service of Canada The Court of Quebec does not have jurisdiction to order the return of seized goods under s. 490 Cr.C. because the goods sought are not exhibits in the court record and the applications were filed after the trial was over 2009-06-01
Berthiaume v. Cinéma Guzzo inc. (Cinéma Méga-plex Marché central 18) A company running a movie theatre is ordered to pay $10,000 in damages to a mother and her two daughters whose purses were searched without their consent as they entered the theatre 2009-05-21
Pothier-Charrette v. R. The applicant has demonstrated that an order exempting him from his obligation to comply with the Sex Offender Information Registration Act will have little or no impact on the interest in protecting the public through the effective investigation of crimes of a sexual nature; application is granted 2009-05-20 (jugement rectifié le 2009-07-27)
Wester v. Standard Life Assurance Co. of Canada The Court of Quebec declines jurisdiction over the applicant's insurance claim in Quebec because most of the connecting factors are in Alberta; an Alberta court is therefore in a better position to decide (art. 3135 C.C.Q.) 2009-05-19
Quebec (Attorney General) v. Trentway-Wagar Inc. An Ontario chartered bus company travelling from Ontario to Florida is found guilty of contravening s. 43 of the Transport Act (changing the conditions of its permit without prior authorization) by allowing passengers to board in Quebec 2009-04-20
Sebastiao v. Laurentian Bank of Canada Although the bank committed a fault by using the terms "money laundering or financing terrorist activities" in relation to the plaintiff, there is no causal link between that fault and the damage 2009-02-19
R. v. Bouchard The laboratory simulation carried out after the offence took place cannot measure the accused's blood alcohol level at the material time with precision and therefore cannot rebut the presumption in s. 258(1)(d.1) Cr.C. 2009-02-04
Adoption — 091 The applicant may not adopt her spouse's child, who was born as the result of a surrogacy contract involving remuneration 2009-01-06
R. v. Gatchalian Motion seeking the disclosure of the identity of a police informer dismissed 2008-10-24
In the matter of an application for a general warrant pursuant to s. 487.01 Cr.C. Dismissal of application for a general warrant authorizing the future "re-seizure" of documents that have already been seized 2008-10-08
R. v. Émard The accused's right to retain and instruct counsel without delay was not violated; the motion to exclude evidence under s. 24(2) of the Canadian Charter of Rights and Freedoms is therefore denied 2008-09-22
R. v. St-Jean The accused is found guilty of having a blood alcohol concentration exceeding the legal limit 2008-07-15
R. v. Bournival The warrantless search and seizure of drugs from the vehicle were unlawful, unreasonable, and contrary to s. 8 of the Canadian Charter of Rights and Freedoms; the evidence is therefore inadmissible under s. 24(2) of the Charter 2008-06-10
LSPJA - 0819 S. 111(2)(a) of the Youth Criminal Justice Act regarding access to records of youths related to extrajudicial sanctions is clear and requires no interpretation; the calculation of the two-year period begins on the date the agreement is reached between the young person and the delegate of the Provincial Director, and nothing in the Act permits extending that period 2008-04-28
Entreprises Jacques Dufour et Fils inc. v. Quebec (Deputy Minister of Revenue) The amendment to the Act respecting the Québec sales tax preventing the reimbursement of tax paid on energy does not apply to the reimbursement requested by the applicant before the provision came into force 2008-04-17
R. v. Poirier The Court accepts the defence of de minimis non curat lex against the charge of simple assault and acquits the accused 2008-04-09
R. v. Sawab The identity of the accused is proved beyond a reasonable doubt; the accused is guilty of mischief in relation to property 2008-04-08
R. v. Canuel Application for change of venue is allowed 2008-02-28 (jugement rectifié le 2008-02-29)
Autorité des marchés financiers v. Lacroix The defendant, convicted of 51 counts under the Securities Act, is ordered to pay a fine of $255,000 and to serve a sentence of 12 years' imprisonment 2008-01-28
R. v. Charbonneau The accused, convicted of fraud involving $14 million, is sentenced to seven years' imprisonment 2008-01-28
R. v. Cloutier The pilot of a container ship involved in a collision with a sailboat causing two deaths is acquitted of violating the Collision Regulations 2007-12-14
Autorité des marchés financiers v. Lacroix The defendant is found guilty of 51 counts under the Securities Act 2007-12-11
R. v. Garneau The 18-year-old driver of a motor vehicle who took part in a street race is sentenced to 3 years in a penitentiary for dangerous driving causing the death of 2 passengers 2007-11-15
R. v. Dimitrakopoulos The accused's refusal to speak with the police officers was tantamount to a refusal to exercise his right to counsel as protected by s. 10(b) Canadian Charter of Rights and Freedoms 2007-11-05
Adoption — 07202 Aboriginal band council may not intervene in the application for a declaration of eligibility for adoption of an Aboriginal child who has been living with a white couple for a number of years 2007-10-26
P.B. v. R. Motion to quash charges of sodomy under the former s. 155 Cr.C. dismissed; the Canadian Charter of Rights and Freedoms has no retroactive effect with respect to offences committed before its coming into force 2007-10-23
Autorité des marchés financiers v. Séguin The accused is found guilty of insider trading in violation of s. 187 Securities Act and acquitted of all other charges 2007-10-22
R. v. Brisebois A conditional sentence is inappropriate when a firearm is used in the commission of an indictable offence 2007-09-26
YCJA - 0744 The designation of a serious violent offence within the meaning of s. 42(9) of the Youth Criminal Justice Act must be expressly sought; there can be no automatic designation and the judge has full discretion on this matter 2007-09-06
J.G. v. R. Application for exemption from the obligation to comply with the Sex Offender Information Registration Act dismissed 2007-08-31
Asselin v. R. Application for exemption from the obligation to comply with the Sex Offender Information Registration Act granted 2007-08-31
S.C. v. R. Application for exemption from the obligation to comply with the Sex Offender Information Registration Act denied 2007-08-31
Adoption — 07133 The mother's application for withdrawal of consent to adoption is denied; it is in the best interests of the child to remain with his present foster family 2007-08-01
Quévillon v. R. Motion for exclusion of evidence under ss. 7 and 24 of the Canadian Charter of Rights and Freedoms granted 2007-07-20
R. v. Simonds Motion to stay proceedings is denied; the accused is responsible for the delay before trial and it has caused him no prejudice 2007-06-29
Quebec (Curateur public) v. Industrial Alliance Life Insurance Company The wife of a member of a group medical insurance plan, who has been hospitalized for over 20 years, is still a "spouse" within the meaning of the policy, despite a clause providing that a spouse loses this status after a de facto separation of more than three months 2007-06-29
R. v. Lafleur Fraud (misappropriation of public funds); sentencing 2007-06-27
R. c. Bertrand Demonstrators are found guilty of being disguised with intent to commit an indictable offence contrary to s. 351(1) Cr.C. and of criminal harassment contrary to s. 264(2)(d) Cr.C. 2007-06-19
R. v. Freitas Dock identification has no legal value as identification evidence and cannot be used at a preliminary inquiry to commit the accused to stand trial 2007-06-06
R. v. H.H. The accused exploited an inequality to his own advantage in order to commit acts of indecent assault and thereby vitiated the victim's apparent consent 2007-05-14
Quebec (Attorney General) v. Tang The total forfeiture as offence-related property of an unoccupied residence used for a marijuana grow operation is not disproportionate and is ordered 2007-05-07
Gaboury v. Quebec (Attorney General) The plaintiff, who is handicapped, is not entitled to a tax deduction for a computer because it was not specially designed to help individuals adapt to their impairments 2007-04-20
D.S. v. Giguère The defendant is liable for the portion of the material and psychological damages caused by his physical assault of the plaintiff (art. 1478 C.C.Q.) 2007-04-11
Parent-Constantin v. 9013-1996 Québec inc. Cancellation clause in travel agreement is excessively severe and therefore abusive within the meaning of art. 1437 C.C.Q. 2007-04-03
Fugère v. Union-Vie (L'), compagnie mutuelle d'assurances The plaintiff is totally disabled within the meaning of his insurance policy 2007-03-23
Conway v. Quebec (Minister of Revenue) Interim costs to pay attorney fees denied; application of British Columbia (Minister of Forests) v. Okanagan Indian Band 2007-03-16
R. v. Pham Control over a building and the narcotics seized from the building may be inferred from circumstantial evidence to establish guilt beyond a reasonable doubt 2007-03-15
Autorité des marchés financiers v. Lacroix Accused's motion to obtain state-funded counsel is dismissed 2007-03-14
Gagnon v. R. The affidavit in support of a petition for restitution of seized objects (s. 490(7) Cr.C.) must be signed by the applicants and not by their counsel on their behalf 2007-03-13
Hackel v. R. Motion for exclusion of evidence under ss. 8 and 24(2) of the Canadian Charter of Rights and Freedoms denied 2007-03-07
Pollard v. R. The accused was not denied her right to full answer and defence as the result of the destruction of rudimentary notes taken by the officer in his investigation 2007-03-07
R. v. Fillion The accused, intoxicated but asleep in the back seat of his car, nevertheless had care and control of his vehicle because the keys were within reach and he had the means to put the vehicle in motion 2007-02-13
Restaurant Barolo v. Quebec (Deputy Minister of Revenue) The Deputy Minister of Revenue is ordered to carry out a reassessment, taking into consideration normal losses in the restaurant industry. 2007-02-02
R. v. Moore The offence of mischief (s. 430(1)(d) Cr.C.) is included in the offence of breaking and entering with criminal intent (s. 348(1)(a) Cr.C.) 2007-02-01
R. v. Presseault Convicted of wilful promotion of hatred through a Web site, the 27-year-old accused is sentenced to six months' imprisonment followed by a three-year probation order 2007-01-23
Fortin v. Quebec (City) Forced entry did not constitute excessive and abusive force in execution of search warrant 2007-01-16
9138-7746 Québec Inc. (CECS) v. Wells Fargo Financial Canada In the event of an allegation of fraud, the holder of a cheque who is normally deemed to be a holder in due course must prove his or her good faith 2007-01-16
Adoption — 0710 The parents were subject to pressures that tainted the validity of their consent to adoption; application for withdrawal of the consents allowed 2007-01-15
YCJA — 0614 S. 577 Cr.C. is not applicable in criminal prosecutions against young persons 2006-12-18
Atikamekw Nation Council v. Quebec (Deputy Minister of Revenue) Indian band council not exempt from contributing to the health services fund under the Act respecting the Régie de l'assurance maladie du Québec 2006-12-13
R. v. Florestal Sentencing of three accused who pleaded guilty to armed robbery, forcible confinement, and disguise during a home invasion 2006-12-07
X (In the matter of) The security and development of the child are in danger due to his parents' inability to assume responsibility for his care (s. 38 Youth Protection Act) 2006-10-10
YCJA — 0641 The destruction of a critical piece of evidence before it was inspected by the defence breached the accused's right to make full answer and defence; stay of proceedings ordered (s. 7 Canadian Charter of Rights and Freedoms) 2006-09-12
Capitale Alliance Commercial v. 9108-4913 Québec Inc. Existence of verbal brokerage contract proved on a balance of probabilities 2006-08-22
OGT Holdings Ltd. v. Quebec (Deputy Minister of Revenue) Use of the rollover provision in s. 518 Taxation Act to avoid provincial income tax altogether (the "Quebec shuffle") constitutes abusive tax avoidance; s. 1079.10 Taxation Act (general anti-avoidance rule) applies 2006-06-29
R. v. Duranseau Native persons may sell roe of fish caught under ancestral right to fish for food 2006-06-21
Quebec (Deputy Minister of Revenue) c. 6217125 Canada Inc. The Minister of Revenue may not compel the production of documents under s. 39.2 of the Act respecting the Ministère du Revenu when the documents are required solely for the purpose of civil litigation against the party in question 2006-06-20
Protection de la jeunesse — 06509 An application to extend an order compelling a mother to obtain acts of civil status for her children is granted 2006-06-05
Veilleux v. Quebec (Deputy Minister of Revenue) Income earned for work as counsel for indigent accused before the International Criminal Tribunal for Rwanda, a UN-related specialized agency, is not taxable pursuant to s. 725(d) Taxation Act 2006-04-19
Doucet v. Normandeau Defamatory remarks made against attorney by opposing counsel in the context of official proceedings; punitive and moral damages awarded 2006-04-07
X (In the matter of) Mother's exercise of parental authority with respect to child's medical care is withdrawn (s. 91 Youth Protection Act) 2006-03-23
Rouleau v. Rouleau Legatees must pay taxes on inherited immovable; in the absence of a will or codicil to this effect, the succession has no obligation in this regard 2006-03-15
YCJA — 0618 Manslaughter; youth sentencing 2006-02-20
Osadchuk v. Lussier Defendant farm operator may not claim immunity under the Act respecting the preservation of agricultural land and agricultural activities with respect to abnormal annoyances caused by the exercise of property rights (art. 976 C.C.Q.) 2006-02-16
R. v. Petiquay Sentencing of aboriginal offender; s. 718.2(e) Cr.C. 2006-01-31
YCJA — 0617 Sentencing; interpretation of s. 42(5) Youth Criminal Justice Act (deferred custodial and supervision order) 2006-01-27
Knight v. Dionne In the absence of specific questions from the potential purchaser, the home seller's failure to disclose information regarding a tragic event that occurred in the home is not a breach of his pre-contractual duty to inform 2006-01-27
R. v. Jetté Impaired driving causing death and bodily harm; sentencing 2006-01-12 (jugement rectifié le 2006-03-10)
Gubner v. Dahan Repossession of dwelling for use by live-in health care worker 2005-12-20 (jugement rectifié le 2006-03-14)
Director of Youth Protection Child with Inuit ascendants adopted by non-Indians retains status under Indian Act 2005-12-20
R. v. S.B. Accused may not conduct cross-examination (s. 486(2.3) Cr.C.) 2005-12-13
Re: Z., Z.E. Guardianship judgment rendered abroad not recognized as adoption in Quebec 2005-12-08
F.C.B. v. R. Stay of proceedings due to unreasonable delay 2005-12-06
R. v. Xhaholli Defence of automatism; accused not responsible by reason of mental disorder 2005-12-01
Longpré-Allaire v. Village des jeunes Notre-Dame de Toute Joie Vacation camp liable for injury caused by facilities 2005-10-27
R. v. J.-E. I. Youth is not liable to an adult sentence 2005-07-13
R. v. N.N.-M.; Absolute discharge under s. 42(2)(b) Youth Criminal Justice Act is in the best interest of the accused 2005-06-23
R. v. Lussier Sexual assault of minors; sentencing 2005-05-18
The Committee for the Equal Treatment of Asbestos Minority Shareholders v. Société nationale de l'amiante Applicability of Quebec Securities Act to Quebec and its mandatary, the Société nationale de l'amiante 2005-05-09
Allard v. Myhill De facto director under the Canada Business Corporations Act 2005-02-23
R. v. El-Merhebi Firebombing of Jewish school was terrorist and racist acts 2005-01-18
M.Q. (In the matter of) Youth protection; application to have the security and development of a child declared to be in danger 2005-01-13
R. v. Cloutier Sexual assault of a minor; sentencing 2004-12-20