Case information

Civil procedure — Oppression application — Revocation of judgment — Whether Court of Appeal erred in law in its analysis of criteria by dismissing applicant’s appeal on basis that there was no reviewable error on appeal — Whether Court of Appeal erred in law when it dismissed applicant’s appeal and, consequently, refused to quash judgment of trial judge, who, in relying on erroneous criterion, found that it was not impossible for applicant to act regarding criteria justifying revocation of judgment — Code of Civil Procedure, CQLR, c. C 25.01.

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The parties created a company together with the goal of developing a real estate project. A conflict arose, and Mr. Bordeleau initiated court proceedings for the company to be dissolved and liquidated. Counsel for the applicant ceased representing the applicant. Mr. Lavoie gave Mr. Bordeleau formal notice to appoint a new lawyer or state his intention to self-represent. Mr. Bordeleau acknowledged receipt but did not follow up on the notice. Mr. Lavoie filed a request for setting down for judgment for failure to answer the summons.

A first judge proceeded with a default judgment by declaring the applicant a non shareholder and by cancelling his share subscription. A second judge dismissed the application for revocation of the judgment. The Court of Appeal dismissed the appeal from the judgment for the revocation of the judgment and granted the motion to dismiss the appeal, the case having no reasonable chance of success.