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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 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 […]