Case information
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41714
Joël Lacroix v. Guy Larkin
(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) |
|---|---|---|
| 2025-11-14 | Close file on Leave | |
| 2025-11-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-11-13 | Judgment on leave sent to the parties | |
| 2025-11-13 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-031245-244, 2025 QCCA 25, dated January 14, 2025, is dismissed. Dismissed |
|
| 2025-10-14 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-06-02 |
Letter and notice pursuant to Rule 64 sent to, The applicant via courier The respondent via email |
|
| 2025-04-04 | Certificate (on limitations to public access), (Letter Form), Public Access to Information Form | Joël Lacroix |
| 2025-03-20 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-03-18 | Correspondence received from, (Letter Form) | Joël Lacroix |
| 2025-03-17 |
Application for leave to appeal, (Book Form), Missing: - Amended notice of application (Rec'd 2025-04-04) - CA Order and Judgment - Public access to information form (Rec'd 2025-04-04) - Proof of service (Rec'd 2025-06-27), Completed on: 2025-10-15 |
Joël Lacroix |
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 |
|---|---|---|
| Lacroix, Joël | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Larkin, Guy | Respondent | Active |
Counsel
Party: Lacroix, Joël
This party is not represented by counsel.
Party: Larkin, Guy
Counsel
Sherbrook, Quebec
J1H 1M2
Telephone: (819) 564-3131
FAX: (819) 564-2646
Email: antoine.gerin@videotron.ca
Summary
Keywords
Civil procedure — Abuse of process — Appeals — Hypothecs — Taking in payment — Debtor ordered to surrender immovable — Whether trial court erred in declaring that debtor’s defences constituted abuse of process — Whether Court of Appeal erred in finding that debtor’s notice of appeal constituted abuse of process — Whether Court of Appeal erred in finding that debtor’s appeal had no reasonable chance of success — Code of Civil Procedure, CQLR, c. C 25.01, arts. 51 and 365 para. 1.
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.
The creditor served on the debtor an originating application for forced surrender and taking in payment pursuant to arts. 2788 et seq. of the Civil Code of Québec. The debtor filed a statement of defence raising arguments denying the court’s jurisdiction and arguing that the Civil Code of Québec never entered into force and that the rules set out therein therefore could not be invoked against him.
A judge of the trial court declared that the debtor’s defences constituted an abuse of process under art. 51 of the Code of Civil Procedure. The court allowed the application for forced surrender and taking in payment. The Court of Appeal allowed the creditor’s application for dismissal of the appeal on the ground that the debtor’s appeal had no reasonable chance of success. It also declared that the debtor’s notice of appeal constituted an abuse of process.
Lower court rulings
Debtor’s defences rejected and declared abusive
Creditor’s originating application allowed in part
Debtor ordered to surrender immovable in favour of creditor
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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
Not available
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 613-996-8666 or at 1-844-365-9662.
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
Not available