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Publications

October 16th, 2017

Education Law: a Reminder That Courts Must Treat the Decisions of a School Board’s Council of Commissioners with Deference

The Quebec Superior Court recently reminded us that a decision made by a council of commissioners of a school board must be treated with deference by the courts. 1) The facts In the matter of A.B. v. Commission scolaire de la Pointe-de-l’Île1 the applicants, who were representing their minor child, petitioned the Court to review a decision […]

Publications

September 28th, 2017

Words Fade Away, but Recordings Remain: the Admissibility into Evidence of Audio and Video Recordings

1. Introduction The extraordinary advances in technology over the last decade have made it increasingly difficult to determine where the right to privacy begins and ends. Through the lens of a cellular phone, the watchful eye of a surveillance camera or the inquisitive ear of a hidden microphone, this fundamental right appears to be increasingly […]

Publications

September 25th, 2017

Execution of Out-of-Quebec Judgments: No Smokescreen Allowed

Summary In Povylius-Simpson v. Povylius, 2017 QCCS 2996 (appeal pending) the defendant had misappropriated the property of his incapacitated mother in Ontario. The mother’s heirs sought judicial redress and recovered the mother’s property, but needed to enforce the judgment in Quebec in order to recover a cottage located in that province. An action for recognition […]

Publications

September 15th, 2017

The Res Judicata and Stare Decisis Rules in Grievance Arbitrations: Where Do We Stand?

On August 16, 2017 the Quebec Court of Appeal denied leave to appeal from a decision of the Superior Court rendered on June 21 2017, on a motion for judicial review brought by the Collège de Valleyfield (the “College”) of an arbitral award rendered on May 25, 2015 by Arbitrator Cloutier (the “Arbitrator”). The leave […]

Publications

September 15th, 2017

Arbitration Under the Health Insurance Act: Comment on a Recent Supreme Court of Canada Decision

In a recent decision rendered by the Supreme Court of Canada (Quebec (Attorney General) v. Guérin, 2017 SCC 42), the Supreme Court had to determine whether a medical specialist could submit to arbitration, pursuant to the arbitration regime created by the Health Insurance Act (the “Act”), his contestation of a decision rendered jointly by the […]

Publications

September 12th, 2017

Is the Amount of Fees Billed by a Lawyer Protected by Lawyer-Client Privilege? The Latest Twist in the Kalogerakis Case

The issue of whether or not the amount of legal fees incurred by a party is privileged, which seem rather straightforward, has sparked a great deal of debate over the last few years, most recently before the Quebec Court of Appeal in the matter of Kalogerakis v. Commission scolaire des Patriotes1. Factual context and procedural […]