Hyperlawhypertext legal database Quebec (Attorney General) v. Transport G. Courchesne Inc. [1992] 1 SCR 621

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Quebec (Attorney General) v. Transport G. Courchesne Inc.

[1992] 1 SCR 621 Court SCC Decision date 1992-02-28 Docket 22242 English

PartiesThe Attorney General of Quebec Appellant·Transport G. Courchesne Inc. Respondent

Judges Lamer, Antonio; La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; Stevenson, William; Iacobucci, Frank

Decision 6–1 Majority (6) · Lamer C.J. (1)

On appeal from Quebec

Subjects Criminal law

Contents

Majority

English version of the judgment of the Court delivered orally by

Lamer C.J.

Lamer C.J. ‑‑ We are all of the view that the appeal should be allowed for the reasons set out by Mr. Justice LeBel of the Court of Appeal in his dissenting reasons.
The appeal is therefore allowed; the decision of the Court of Appeal is set aside as well as the judgments of the Superior Court and of the Court of Quebec and a new trial is ordered.
As determined when leave to appeal was granted, the respondent is entitled to costs in the application for leave to appeal and in the appeal on a party and party basis.
Judgment accordingly.
Solicitor for the appellant: Claude LaRochelle, Ste‑Foy.
Solicitors for the respondent: Clair, Laplante & Associés, Drummondville.

Footnotes

  1. [1] Sup. Ct. Saint‑Hyacinthe, No. 750‑36‑000024‑889, January 13, 1989.
  2. [2] C.Q. Saint‑Hyacinthe, No. 750‑27‑000345‑887, October 7, 1988.