Summary
41122
Rustum Asaduzzaman, et al. v. Yves-Antoine Audet, et al.
(Quebec) (Civil) (By Leave)
Keywords
Civil procedure — Quarrelsome and vexatious litigants — Authorization of Chief Justice required to institute proceedings on such a declaration — Noncompliance with civil procedure requirements — Does the application for leave to appeal raise issues of public importance?
Summary
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The applicants have been declared quarrelsome and vexatious litigants and wish to file an action for damages in the amount of $1,000,000.00 concerning professional negligence allegedly committed by lawyers mandated to represent them with respect to certain properties after a judgment of taking in payment had been rendered by default against them. The Regulation of the Superior Court of Québec in Civil Matters, C-25.01, r. 0.2.1, sections 68 and following, provide that all such requests for authorization must be submitted in writing and must be accompanied by the legal proceeding for which permission is sought. The applicants never forwarded to the Chief Justice the request for authorization accompanied by the proceedings they wished to institute, and so the Superior Court dismissed their application for authorization. The Court of Appeal dismissed the applicants’ application for leave to appeal. The court determined that mere disagreement with the Superior Court’s reasons for refusing permission to institute the proposed proceedings does not constitute a justification for the granting of leave.
Lower Court Rulings
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