True or False

1-Banks must respect the Canadian Charter of Rights and Freedom because they are a federal enterprise
under section 91 of the 1867 Constitution.

2-During an interview in a high class restaurant you cannot ask during an interview about a potential
employee’s criminal record because it would be against the Quebec Charter ?

Cases:

Aménabec Inc.

Julie and Richard Lavoie operate a garden and landscaping company, Aménabec Inc., out of their home
in Montreal. On March 17th, 2017 they signed a large contract with Mr. John Sharay to re-landscape his
multi-acre property in Longueil (where John lives and works and has all his property) and install a
picturesque white picket fence. Foreseeing about 3 weeks of work, the purchasing of much equipment,
and the hiring of subcontractors, the contract was for the sum of $75,000, payable within 5 days of the
completed work. On April 14th, 2017, Julie and Richard finished their work and notified John. John
approved the work and agreed all that was required to be done was completed. On April 20, 2017, Julie
and Richard had received no payment from John and that very morning delivered him a formal notice
that he had until the end of the day to provide payment or face the legal consequences.

Questions:

1) If no payment is received, in front of what court can Julie and Richard start their action against
John?
2) In what location (judicial district) do Julie and Richard (Aménabec Inc.) have to launch their
action?
3) Until what date can Julie and Richard (Aménabec Inc.) launch their action against John? (At
which date is their action prescribed by the civil code?)
4) Unhappy with the verdict given by the judge ordering him to pay $65,000, in front of which
court(s) can John appeal until he has no more appeal options ?

Pool Installation

Edward bought a nice property in Pointe-Claire for the price of $750,000. He paid $250,000 cash and
got a hypothec for the remainder. This would allow him to keep some of his savings to do some minor
renovations and to install a pool. After getting 3 quotes from contractors to build the pool he decides to
retain the services of Charles & Sons Pools Inc., a family company with 15 employees based in Laval, on
January 25th 2016. The price for the pool was $27,500. A 50% deposit was paid on January 30 th 2016.
The balance had to be paid at the earliest of within 15 days of the completion or the pool or June 1 st
2016. The pool was built and the work was completed on May 18th 2017. Edward was not happy with
the results and asked for some corrections. Charles (owner of Charles & Sons Pools Inc.) refutes these
allegations and has not done any corrections. Edward never paid the balance.

Questions: (justify all answers)

1) In front of what court can Charles & Sons Pools Inc. start their action against Edward?
2) In what judicial district do Charles & Sons Pools Inc. have to launch their action?
3) Until what date can Charles & Sons Pools Inc. launch their action against Edward? (At which date
is their action prescribed by the civil code?)
4) Until what date can Edward launch an action against Charles & Sons Pools Inc. for the work not
being as agreed? (At which date is their action prescribed by the civil code?)
5) Unhappy with the verdict given by the judge ordering him to pay $13,750, in front of which
court can Edward appeal the verdict ?

Question on hierarchy of the law:

In order to preserve our roads in Quebec, the National Assembly (Legislature) adopted the following
law:

Law: In Spring, for a period determined by regulation, the authorized maximum load for trucks is reduced
by 25%.

In 2020, the government adopted the following regulation:

Regulation 2020: The period of load reduction for trucks for 2020 shall start on April 1 and end on May
31.

In 2021, the government looked at weather reports and the warmer weather was coming early so the
regulation for 2021 was:

Regulation 2021: The period of load reduction for trucks for 2021 shall start on March 15 and end on
May 15.

On March 17, 2021, happily listening to Irish music on the radio, William O’Connor is driving his truck
casually and stops at a weighting station. He is informed that his truck is above the maximum load. He
has to call another truck to come and pick the extra weight and is handed a $3000 ticket.

William comes to you and ask for help. He did not know about the change in the period! He knows
ignorance of the law is not a defence but is there anything he can do to get out of that ticket ?