Maurice Dussault

The respondent insured her husband's life and designated herself a revocable beneficiary.

She, her husband, and children were petitioned into receivership.

The trustee in bankruptcy surrendered the policy for its cash surrender value.

The respondent sought to enjoin the trustee, arguing the right to surrender was exclusively attached to the person and exempt from seizure.

The Supreme Court of Canada held that the exemption provisions of the Civil Code of Lower Canada governing life insurance contracts are exhaustive.

Since the respondent's policy did not qualify under the specific exemptions, the rights under the policy, including the right to surrender for its cash surrender value, were seizable by the trustee under the Bankruptcy and Insolvency Act.

Appeal concerning whether Quebec's municipal court system, which permitted part-time municipal judges to continue practising law subject to statutory safeguards, infringed the right to a hearing before an independent and impartial tribunal.

The Court held that the challenge was properly characterized as one of institutional impartiality rather than traditional judicial independence from government.

Applying the reasonable apprehension of bias standard, the Court found that while practising law is per se incompatible with judicial functions absent safeguards, the oath of office, judicial immunity, ethics code, recusation obligations, and statutory conflict rules sufficiently minimized the risk.

The impugned provisions did not violate s. 11(d) of the Canadian Charter or s. 23 of the Quebec Charter.