Summary

40860

Lili Lorenzana-Bilodeau, et al. v. Pierre-Antoine Rivard, et al.

(Quebec) (Civil) (By Leave)

Keywords

Commercial law — Legal person — Non profit organization — Directors — Removal — Judges — Impartiality — Just and fair trial — Rules of natural justice — Whether application of correctness standard by Quebec Court of Appeal violated fundamental right of one of applicants to just and fair trial and breached rules of natural justice — Whether proceeding and resulting decision were tainted by violation of fundamental rights of individuals and breach of rules of natural justice — Whether correctness standard is unconstitutional — Whether Quebec Court of Appeal failed to rule on point of law raised by applicants — Whether trial judge erred in assessment of evidence — Whether trial judge failed in her duty of impartiality.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The Quebec Superior Court rendered a judgment that, among other things, removed Joanne Bilodeau, one of the applicants, from the non-profit organization of which she was a director. The Quebec Court of Appeal allowed in part the applicants’ appeal. It was of the opinion that the Superior Court could prohibit the applicant from holding office as director pursuant to art. 329 of the Civil Code of Québec, but that the prohibition could not be for more than five years pursuant to art. 330.

Lower Court Rulings

June 14, 2022
Superior Court of Quebec

200-17-033249-228
One of applicants removed from organization
May 29, 2023
Court of Appeal of Quebec (Québec)

200-09-010516-224, 2023 QCCA 689
Appeal allowed in part; Para. 57 of trial judgment struck out and replaced; Applicant declared disqualified from holding office as director of organization for five years