2 total
Quebec's $85,000 exclusive civil jurisdiction for the Court of Québec violates section 96.
The Supreme Court considered whether article 35, paragraph 1 of Quebec's Code of Civil Procedure, which grants the Court of Québec exclusive jurisdiction over civil disputes valued at less than $85,000, is constitutional under section 96 of the Constitution Act, 1867.
The majority held that the provision unconstitutionally infringes on the core jurisdiction of the Superior Court by creating a prohibited parallel court, given the breadth of the jurisdiction, its exclusivity, the absence of accessible appeal to the superior court, and a monetary ceiling approximately 29 percent above the updated historical limit.
The second question, concerning whether the Court of Québec must apply judicial deference standards when hearing administrative appeals, was found to be moot following the combined effect of Vavilov and new legislation.
The Court dismissed the appeals but suspended the declaration of invalidity for 12 months to allow the Quebec legislature to enact a constitutional replacement.
Municipal land reserve blocking antenna siting intruded on exclusive federal radiocommunication authority.
This appeal considered whether a municipal notice of reserve that blocked construction at a federally approved antenna site was constitutionally valid.
The majority held the notice’s pith and substance was the siting of radiocommunication infrastructure, an exclusive federal matter, making it ultra vires.
The Court also held the measure significantly impaired the federal core protected by interjurisdictional immunity.
The appeal was allowed and the notice was unconstitutional and inapplicable to the appellant.
