67. R.S. v. P.R. 2019

67. R.S. v. P.R. 2019

Update: 2023-01-29
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Description

A Quebec court doesn’t always have to put its proceedings on hold when a foreign court is hearing the same dispute, the Supreme Court has ruled.


Decision

Date: October 25, 2019

Neutral Citation: 2019 SCC 49

Breakdown of the decision:

Majority: Justice Clément Gascon allowed the appeal (Chief Justice Wagner and Justices MoldaverKarakatsanis and Martin agreed)

Concurring: Justice Rosalie Silberman Abella would have allowed the appeal because a decision under the Belgian law letting a spouse revoke gifts went against Quebec’s and the international community’s approach to spousal equality, and wouldn’t be recognized in Quebec

Dissenting: Justice Russell Brown said the application judge made a legal error by failing to consider the risk of conflicting judgments, and so would have dismissed the appeal


On appeal from the Court of Appeal of Quebec

Case information (37861)

Webcast of hearing


Lower court rulings (in French only):

Application for stay of proceedings (Superior Court of Quebec)

Appeal (Court of Appeal of Quebec)


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67. R.S. v. P.R. 2019

67. R.S. v. P.R. 2019