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Translated decisions

Translated decisions might not be accessible to handicapped persons using assistive technologies. Please visit our Accessiblity page to learn more. The Court of Appeal of Quebec, the Superior Court of Quebec, the Court of Quebec, the Human Rights Tribunal, the Professions Tribunal, the Ministère de la Justice of Quebec and the Société québécoise d'information juridique are pleased to offer unofficial English translations of their selected judgments. Learn more.

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Droit de la famille - 171644 in Word format.

The biological father does not become a third party to the parental project simply because of his death before the insemination of the mother; such a result would have been expressly provided for by the legislature


R. v. Vézina in Word format.

The mandatory minimum four-year sentence of imprisonment under s. 244.2(3)(b) Cr. C. violates the accused’s right to protection against cruel and unusual treatment or punishment guaranteed by s. 12 of the Canadian Charter of Rights and Freedoms


Villeneuve v. SSQ Groupe Financier in Word format.

Because the treatments the insured had to undergo could not be completed in a single step, the exclusion clause requiring that the dental treatments be provided within 12 months from the date of the accident is unreasonable and can be likened to contractual abuse of right


Proulx v. R. in Word format.

The trial judge, who convicted the appellant of participating in a conspiracy to fix gas prices, committed errors of law in his application of the co-conspirator’s exception; a new trial must be ordered


O'Reilly v. R. in Word format.

The Court confirms the guilty pleas of the appellants, who were involved in a network that sent millions of contraband cigarettes to Nova Scotia, thereby committing a fraud worth millions in unpaid tax dollars to the federal and provincial governments


Dufour v. Agence du revenu du Quebec in Word format.

The appellant made a prima facie case that the assessments issued by the ARQ for 2010 and 2011 were incorrect; the protections offered under the Veterans Health Care Regulations have always covered all of the appellant’s medication


Pavlakidis v. Zryl in Word format.

The evidence shows, on a balance of probabilities, that during the period from March 16, 1959 to March 16, 1989, no holder of the right of way at issue made good use of it by foot or by car; consequently, these types of use are clearly extinguished due to non-use for 30 years, as is the servitude itself


Ruiz Gomez v. Minister of Justice of Canada in Word format.

In the context of an extradition order, the Minister of Justice committed an error by taking for granted that he did not have the power to assess whether the Columbian criminal justice system is fundamentally fair; in doing so, he did not exercise part of the jurisdiction conferred upon him


Autorité des marchés financiers v. PlexCorps in Word format.

Because it is the only way to prevent the respondents from soliciting investors in cryptocurrency in Quebec, the impleaded party Facebook Canada Ltd. is ordered to shut down the Facebook accounts of PlexCorps and PlexCoin 


Bélanger Corbeil v. Holiday Inn Laval Montréal in Word format.

The Holiday Inn Laval Montréal had clearly undertaken to serve a meal without any of the allergens listed by the customer and is therefore responsible for the allergic reaction she suffered; it is ordered to pay the customer $5000 in moral damages and $1500 in punitive damages


O'Reilly v. R. in Word format.

If the health of an elderly offender at the time of sentencing does not suggest that he is unlikely to complete the sentence before his demise, the judge has the necessary discretion to impose an appropriate sentence in light of all the usual factors and criteria


Cyr-Langlois v. R. in Word format.

An accused seeking to rebut the presumptions of accuracy and identity with respect to blood alcohol content must demonstrate a malfunction or improper operation of the breathalyzer that is serous enough to raise a reasonable doubt, without being required to show that the deficiency led to an inaccurate result


R. v. Charron in Word format.

The case management judge may set the terms for presenting evidence peripheral to the actual issues at trial if it does not put the accused’s right to make full answer and defence at risk; therefore, in this case, the prosecution is authorized to present evidence of certain secondary facts by way of a sworn written statement, but the accused must be given the opportunity to contest it and, if appropriate, require that testimonial evidence be adduced


Autorité des marchés financiers v. Pettinicchio in Word format.

The Tribunal administratif des marchés financiers has ordered the respondents to pay a $45,000 administrative fine and made a cease trade order in connection with investments solicited through a classifieds website

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