Case information
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34394
Marie-Claude Montpetit v. Jeanne-Mance Rioux, et al.
(Quebec) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2012-04-20 | Close file on Leave | |
| 2012-04-11 | Certificate of taxation issued to, Jean-François Mallette | |
| 2012-04-10 | Decision on the bill of costs, in the amount of $1,646.38, Reg | |
| 2012-04-04 | Submission of the bill of costs, Reg | |
| 2012-02-16 | Bill of costs, Completed on: 2012-02-16 | Jeanne-Mance Rioux |
| 2012-02-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-02-03 | Judgment on leave sent to the parties | |
| 2012-02-02 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-021615-177, 2011 QCCA 895, dated May 16, 2011, is dismissed with costs. Dismissed, with costs |
|
| 2012-02-02 |
Decision on motion to extend time to file and /or serve the leave application, see judgment Granted |
|
| 2011-11-28 | All materials on application for leave submitted to the Judges, De F Ka | |
| 2011-11-28 | Submission of motion to extend time to file and/ or serve the leave application, De F Ka | |
| 2011-10-06 | Respondent's response on the application for leave to appeal, Completed on: 2011-10-06 | Jeanne-Mance Rioux |
| 2011-09-06 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2011-08-19 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application), Completed on: 2011-08-19 | Marie-Claude Montpetit |
| 2011-08-19 | Application for leave to appeal, (Filing fee of $75 to come) (rec'd September 22, 2011), Completed on: 2011-09-22 | Marie-Claude Montpetit |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Montpetit, Marie-Claude | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Rioux, Jeanne-Mance | Respondent | Active |
| Grégoire, André | Respondent | Active |
Counsel
Party: Montpetit, Marie-Claude
This party is not represented by counsel.
Party: Rioux, Jeanne-Mance
Counsel
Isabelle Gingras
1240, avenue Beaumont
bureau 100
Mont-Royal, Quebec
H3P 3E5
Telephone: (514) 735-0099
FAX: (514) 735-7334
Email: jf.mallette@pfdlex.com
Party: Grégoire, André
Counsel
Isabelle Gingras
1240, avenue Beaumont
bureau 100
Mont-Royal, Quebec
H3P 3E5
Telephone: (514) 735-0099
FAX: (514) 735-7334
Email: jf.mallette@pfdlex.com
Summary
Keywords
None.
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.
Civil procedure — Improper use of procedure — Appeals — Leave to appeal denied — Whether [TRANSLATION] “metafault” can serve as basis for single action in damages brought solidarily against each of several persons who contributed to formation of whole of wrongful acts — Nature of burden of proof on parties in question in arts. 54.1 and 54.2 of Code of Civil Procedure, R.S.Q., c. C 25, where action based on “metafault” — Whether affidavit must accompany motion for declaration of improper use of procedure under art. 54.1 — Whether right to counsel is subject to different conditions depending on whether matter is civil or criminal in nature and, in this regard, whether judges’ powers under art. 54.1 are intended to limit right to counsel.
In 2007, Ms. Montpetit instituted an action in damages for $378,000 against two defendants. In 2008, she amended her pleadings to add six defendants, including certain police officers, the city of Montréal and its police department, and raised her claim to $1,725,000. In February 2010, she added new defendants, and the claim rose to approximately $6 million. Finally, in February 2011, she amended her pleadings once again, adding Ms. Rioux and Mr. Grégoire as defendants. Ms. Montpetit based her action on the allegation that all the defendants had committed a [TRANSLATION] “metafault”. She alleged that she had been unlawfully arrested three times, subjected to 38 [TRANSLATION] “sham police investigations” and maliciously dragged through the courts. Ms. Rioux and Mr. Grégoire filed in the Superior Court a motion for a declaration of improper use of procedure under art. 54.1 of the Code of Civil Procedure. They submitted that in her motion to institute proceedings, Ms. Montpetit did not set out the relevant facts, the illegal payments they had supposedly received, the nature and date of the police complaints they had allegedly filed, or their connection with the other defendants or with the case as a whole. They argued that the motion was prima facie improper and frivolous insofar as it concerned them.
Lower court rulings
Court of Quebec
2008 QCCQ 5228, 500-01-007048-041
See file
Superior Court of Quebec
2011 QCCS 2394, 500-17-035038-077
Application for postponement dismissed; respondents’ motion to declare applicant’s re amended motion to institute proceedings an improper use of procedure allowed
Court of Appeal of Quebec (Montréal)
2011 QCCA 895, 500-09-021615-117
Motion for leave to appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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