Lachapelle vs. 134893 Canada Inc., 2014, Quebec Court of Appeal. Jean was acting for defendant. The Court of Appeal dismissed the appeal of Plaintiff where lawsuit against a real estate promoter was dismissed at trial.
Guerchon vs. Rubble Master Canada and Rubble Master Austria, 2012, Quebec Superior Court. Jean acted for both Defendants. A top executive of the Canadian subsidiary filed suit for wrongful dismissal against both the Austrian parent and its wholly owned Canadian subsidiary. The Court had to decide whether or not the Austrian parent company had become the employer of the executive by reason of its involvement in the decision making process of the subsidiary. The court found in favour of the Austrian parent and dismissed the lawsuit against it.
9079‑1476 Quebec Inc. vs. Apollon, 2001, Quebec Superior Court. Jean acted for the company. The court ruled that a letter containing insults sent by a U.S. resident to a Quebec resident gave jurisdiction to the Quebec courts because the recipient was a Quebec resident.
Fonderies Franco-Belges S.A. vs. Import-Export Dimex, 1991, Quebec Court of Appeal. Jean acted for Defendant. The court gave an interpretation of an expression used in an article of the Quebec Civil Code.
Fondation Le Corbusier vs. La Société en commandite manoir Le Corbusier, phase I, 1991, Quebec Superior Court. Jean acted for Fondation Le Corbusier. The owner of a home for seniors named the residence “Manoir Le Corbusier”. The Le Corbusier Foundation set up to protect and promote the work of architect Charles-Edward Jeanneret (“Le Corbusier”), objected to the use of the name “Le Corbusier” Inc. by the residence owner. In a ground breaking decision the court held that a person possesses the right to the respect of his name, reputation and image. In 1994, when the new Quebec Civil Code came into force, the judgment was codified as Article 3 of the Quebec Civil Code.
Poinsot vs. Abaziou, 1991, Quebec Court of Appeal. Jean acted for Defendant. The court ruled that where there is a doubt as to whether or not the contracting parties intended to have their disputes submitted to arbitration, the general right of a person to submit a dispute to the courts should prevail.
Internote Canada Inc. vs. Commission des normes du travail du Québec, 1989, Quebec Court of Appeal. Jean acted for Internote. The Quebec Court of Appeal, sitting exceptionally in a panel of five (5) judges, gave its interpretation of numerous key provisions of a provincial act on minimum labour standards.
Commercial Union Compagnie d’Assurance du Canada vs. Pentagon Construction Canada Inc., 1989, Quebec Court of Appeal. Jean acted for Pentagon construction. The court interpreted the expression the “ faulty or improper workmanship “ exclusion in an all risks insurance policy.
157079 Canada Inc. vs. Ste-Croix, 1988, Quebec Superior Court. Jean acted for the company. The court ruled that the Common law rules pertaining to the fiduciary duties of directors and officers apply in Quebec while making the appropriate adaptation in virtue of the Quebec Civil Code.
Bahler vs. Pfeuti, 1987, Quebec Court of Appeal. Jean acted for Defendant. The court ruled that under the Quebec Civil Code, a plaintiff may seek specific performance and damages resulting therefrom in separate lawsuits.
Industries de Caoutchouc Mondo (Canada) Ltée vs. Leblanc, 1987, Quebec Court of Appeal. Jean acted for Mondo. The court decided that sums received from a workman’s compensation by an employee cannot be deducted from a sum awarded to the employee for wrongful dismissal.
Club de Hockey les Nordiques (1979) Inc. vs. Lukac, 1986, Quebec Court of Appeal. Jean acted for the hockey player. The court ruled that the arbitration clause in the standard National Hockey League player’s contract did not exclude the courts from deciding whether or not the contract was validly entered into.
Danzas (Canada) Ltée et al. vs. Canada, 1985, Federal Court of Canada. Jean acted for Danzas. In deciding whether or not a servant of the government of Canada, in that case, the R.C.M.P. failed in its duty, the court interpreted a section of the act regarding the R.C.M.P. concerning the duty of the R.C.M.P. to the general public.
Waisen Foundation vs. Joachim, 1983, Quebec Superior Court. Jean acted for Waisen Foundation. The court ruled that a bank was not obliged to use a solvent account of a customer to honor a cheque drawn on another law account which had been closed.
Thi Hong Law Nguyen vs. Hao Dinh Nguyen, 1979, Quebec Court of Appeal. Jean acted for Defendant. The court ruled that the examination of a non resident affiant in an affidavit cannot be conducted by way of a rogatory commission.
Hedwig Rauer vs. Ville de Shefferville, 1979, Quebec Superior Court. Jean acted for Plaintiff. The court decided that the sixty (60) day delay given under the Quebec Civil Code to serve a lawsuit once filed, to stop the limitation period, must be computed like a procedural delay, taking into account holidays. This was the first time such an interpretation of the relevant section of the Quebec Civil Code was given. In 1994, when the new Quebec Civil Code came into force, that judgment was codified.