Case information

Civil procedure — Abuse of process — Ongoing expropriation proceedings before multiple forums opposing applicant to respondent municipality and others — Applicant unsuccessfully seeking to set aside case conference decisions in administrative proceeding and to re-amend claim in civil proceeding — Respondents successfully having applicant declared vexatious and quarrelsome and successfully having his proceedings declared abusive — Does the application for leave to appeal raise an issue of national importance?

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 judgments underlying the application for leave to appeal concern a motion by the applicant, Mr. Daniel, to revoke certain case conference decisions made by Justice Collin of the Tribunal administratif du Québec (“TAQ”), in February 2020, alleging bias and other improprieties, and motions by the respondents to summarily dismiss civil claims made by Mr. Daniel as abusive. In the administrative file, the Superior Court dismissed and declared abusive Mr. Daniel’s application for judicial review against the TAQ decision. In the civil file, the Superior Court summarily dismissed Mr. Daniel’s claims on the ground that they were patently late and prescribed. The court also found that Mr. Daniel had acted in an abusive manner, in particular by exercising his right to sue with the aim of causing prejudice to the respondents. The Court of Appeal dismissed Mr. Daniel’s motion for leave to appeal beyond the prescribed timeframe in the administrative matter, and dismissed Mr. Daniel’s civil appeal. In so doing, it made the same declarations of abuse and quarrelsome conduct as the court below, and subjected the initiation of further proceedings by Mr. Daniel to authorization from the court.