Case information

Civil procedure — Abuse of process — Appeals — Applicant ordered to reimburse provincial government ministry for improperly received benefits — Applicant unsuccessful in attempts to review or appeal decision internally — Administrative tribunal upholding ministry’s decision — Application for judicial review of administrative tribunal decision dismissed for delay by Superior Court — Other proceedings declared to constitute abuse of procedure — Court of Appeal dismissing application for leave to appeal from Superior Court decision — Whether Court of Appeal erred as to the issues put before it — Whether Court of Appeal erred in failing to discern that this case merited intervention and should not have been dismissed on principles of procedure abuse — Whether the Court of Appeal erred in law and in fact by failing to recognize that the first judge erred in the application of the law with respect to dismissing a proceeding for delay — Whether courts below committed errors in directing the applicant as to how and where to seek redress — Whether Court of Appeal failed to conclude that the applicant suffered injustice as a result of his proceedings being declared to constitute an abuse of procedure — Whether such errors and distortions of the law and the facts warrant the attention of this Court — Code of Civil Procedure, RLRQ c. 25.01, art. 51, 52, 53, 54, 168.<br>

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 applicant, Mohammed Tibilla, was ordered by a provincial government ministry to repay $11,098.80 in improperly received benefits. Mr. Tibilla contested the decision, but was unsuccessful in his attempts to review or appeal the decision internally. The Administrative Tribunal of Quebec confirmed the ministry’s decision. Mr. Tibilla brought an application for judicial review, as well as other judicial proceedings. The respondent, the Attorney General of Quebec, brought an application for summary dismissal of Mr. Tibilla’s application for judicial review. The Superior Court granted the Attorney General’s application for dismissal, and dismissed Mr. Tibilla’s application for judicial review, on the ground of delay; it also declared his other proceedings to be an abuse of procedure. The Court of Appeal dismissed Mr. Tibilla’s application for leave to appeal the Superior Court decision.