Summary

Keywords

Civil procedure — Courts — Powers — Sanctions for abuse of procedure — Remedies — Whether the judgment a quo manifestly erred in the causation analysis — Whether the judgment a quo manifestly erred in determining that no serious allegation is made that the respondent carried out an illicit and intentional violation of a Charter-protected right, nor any other fault that could give rise to punitive damages – Whether the judgment a quo manifestly erred in determining that there is a lack of causality with the prejudice asserted and also that the damages claimed in respect of the respondent constitute an abuse.

Summary

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The applicant, Michel Primeau, commenced an action in the Court of Quebec seeking damages against the respondent bailiffs, Ricci, Teasdale, Huissiers de Justice Inc. The action was brought after a vehicle that the applicant was given use and possession of by a debtor as collateral for a loan the debtor owed the applicant, and which was registered by a lien, was seized by the respondent and returned to the debtor. The respondent applied to dismiss the applicant’s action as abusive in that it was manifestly unfounded pursuant to art. 51 of the Code of Civil Procedure, CQLR, c. 25.01 (“C.C.P.”). The Court of Quebec granted the respondent’s application and dismissed the applicant’s originating application against it. One judge at the Court of Appeal of Quebec dismissed the applicant’s application for leave to appeal that decision.

Lower Court Rulings