Case information
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42048
Commission municipale du Québec (Direction des enquêtes et des poursuites en intégrité municipale) v. Thomas Arnold, in his capacity as mayor of the municipality of Grenville-sur-la-Rouge
(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) |
|---|---|---|
| 2026-06-22 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-11-17 | Certificate (if inappropriate for a judge to take part in adjudication), (Letter Form), 23C, (Printed version filed on 2025-11-18) | Thomas Arnold, in his capacity as mayor of the municipality of Grenville-sur-la-Rouge |
| 2025-11-17 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-11-18) | Thomas Arnold, in his capacity as mayor of the municipality of Grenville-sur-la-Rouge |
| 2025-11-17 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-11-17, (Printed version filed on 2025-11-18) | Thomas Arnold, in his capacity as mayor of the municipality of Grenville-sur-la-Rouge |
| 2025-10-16 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-10-15 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-10-17) | Commission municipale du Québec (Direction des enquêtes et des poursuites en intégrité municipale) |
| 2025-10-15 | Notice of name, (Letter Form), (Printed version filed on 2025-10-17) | Commission municipale du Québec (Direction des enquêtes et des poursuites en intégrité municipale) |
| 2025-10-15 | Application for leave to appeal, (Book Form), Completed on: 2025-10-17, (Printed version filed on 2025-10-17) | Commission municipale du Québec (Direction des enquêtes et des poursuites en intégrité municipale) |
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 |
|---|---|---|
| Commission municipale du Québec (Direction des enquêtes et des poursuites en intégrité municipale) | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Thomas Arnold, in his capacity as mayor of the municipality of Grenville-sur-la-Rouge | Respondent | Active |
Counsel
Party: Commission municipale du Québec (Direction des enquêtes et des poursuites en intégrité municipale)
Counsel
François Girard
1126, Grande Allée Ouest, 6 étage
Quebec, Quebec
G1S 1E5
Telephone: (418) 691-2014 Ext: 83911
FAX: (418) 691-2099
Email: kim.rivard@cmq.gouv.qc.ca
Party: Thomas Arnold, in his capacity as mayor of the municipality of Grenville-sur-la-Rouge
Counsel
Zhéa Audegond
485, rue McGill, bur. 500
Montreal, Quebec
H2Y 2H4
Telephone: (514) 360-4353
FAX: (514) 845-6441
Email: nplourde@sarrazinplourde.com
Summary
Keywords
Municipal law — Declaration of disqualification — Burden of proof of prosecuting party in context of action for declaration of disqualification, in particular with respect to term “knowingly” (“sciemment”) — In light of foregoing, whether Court of Appeal committed fatal error of law in interpreting term “knowingly” erroneously by indicating that respondent must [TRANSLATION] “have been aware, at the time of the relevant facts, that his actions violated the applicable rules or measures relating to the awarding of municipal contracts” — Municipal Code of Québec, CQLR, c. C-27.1, art. 938.4.
Summary
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The Commission municipale du Québec brought an action for a declaration of disqualification pursuant to art. 938.4 of the Municipal Code of Québec, CQLR, c. C-27.1, and s. 308 of the Act respecting elections and referendums in municipalities, CQLR, c. E-2.2, against the mayor of Grenville-sur-la-Rouge, Thomas Arnold. It alleged that Mr. Arnold authorized or effected the awarding and making of contracts for the purchase and delivery of abrasive sand without complying with the applicable rules. It requested that he be declared disqualified for a period of two years.
The Quebec Superior Court found that Mr. Arnold interfered with the call for tenders process. However, in the opinion of the judge, Mr. Arnold did not act knowingly. While his conduct proved to be irregular and erroneous, it was not a case of misconduct akin to a misappropriation of moneys or a breach of trust. The Court of Appeal was of the opinion that the trial judge had not committed any error in interpreting the term “knowingly” (“sciemment”) used in art. 938.4 para. 1 of the Municipal Code of Québec. The municipal councillor in respect of which an application for a declaration of disqualification is made must have been aware, at the time of the relevant facts, that their actions violated the applicable rules or measures relating to the awarding of municipal contracts, which is not the case here. The appeal was dismissed.
Lower court rulings
See File
See File
Commission municipale du Québec’s action for declaration of disqualification dismissed
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.
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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
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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 613-996-8666 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