Legal proceedings can sometimes be complex or protracted. After all, the law is a multi-step process that requires experts to spend a great deal of time examining a specific issue. This meticulous and sometimes lengthy process is sometimes abused by certain individuals, including lawyers, who take advantage of these proceedings for unfounded or malicious reasons. In such cases, the Code Civil du Québec contains several articles to identify and punish procedural abuses. At Sabbagh & Associés, we have already covered financial abuse of process, but our specialty also includes all types of litigious actions.
What are the criteria for abuse of process in Quebec?
The court may sanction procedural abuse either upon request or on its own initiative and may target a variety of procedures. According to section 51 (2) of the CPC, abuse may result from:
- A well founded, frivolous or dilatory legal claim or act;
- Vexatious or querulous behaviour;
- Excessive or unreasonable use of legal proceedings;
- Use of legal proceedings in a manner intended to harm others;
- Misuse of the purposes of justice, for example, using the courts to limit the freedom of expression of others in the context of public debate.
However, the article is not exhaustive, as the courts have broad discretion in matters of procedural abuse.
What are the penalties for abuse of process in Quebec?
Section 53 of the CPC sets out the various penalties that may be imposed for actions deemed abusive. When the court rules on the abusive nature of a claim or procedural step, it may order a variety of penalties:
- Dismissal of the claim or procedural step;
- Requiring the amendment of a finding;
- Refusing or terminating an examination;
- Cancellation of a summons;
- Imposition of conditions on the continuation of the legal action or proceeding;
- Reimbursement of the provision;
- Ordering a party to pay punitive damages in addition to court costs.
These sanctions thus enable the court to protect individuals from legal abuse by the most powerful.
An example of legal abuse: the 2011 Pétrolia case
In 2011, Ugo Lapointe, who was then working with the coalition “Pour que le Québec ait meilleure mine”, described the oil exploitation of the Pétrolia company as “small-scale theft, but which opens the door to larger-scale theft.” in an article published in the Le Soleil newspaper. The company sued Mr. Lapointe for defamation, seeking $350,000 in damages for his metaphor, which it deemed defamatory. In July of that year, the judge ruled in Mr. Lapointe’s favour, stating that Pétrolia was seeking to silence opinions contrary to its own and was abusing the judicial system. Mr. Lapointe then responded with a counterclaim seeking $350,000 in punitive damages against the company, which was settled out of court.
Are you a victim of abuse of process in Quebec?
You may be a victim of legal abuse if:
- You are targeted by a legal claim that has no legal basis. If you have signed a contract or agreement and the other party is taking steps to obtain benefits to which they are not entitled.
- You are the victim of a frivolous and dilatory defence. When the facts are clear, but one of the involved parties produces a defence to slow down the process or gain time. For example, a customer who refuses to pay for a service.
- You are the victim of a person who wants to take justice into their own hands. Parties who consider themselves victims of the system can file multiple claims, sometimes in different courts, resulting in a form of “judicial harassment.”
- You are subjected to unnecessary or harmful proceedings. When one party requests unnecessary proceedings to lengthen the trial, gain time, or exhaust the other party’s financial resources.
Need a lawyer for legal abuse?
The proliferation of unnecessary proceedings undermines the proper functioning of our legal system, and the courts have several remedies to identify and punish such misconduct. However, frivolous or problematic legal claims and procedural actions can be very harmful to you.
If you would like advice on how to respond to abusive legal claims, work with an experienced litigation lawyer. Contact us today.
NOTE: This article does not constitute legal advice. It is provided for informational purposes only to help readers better understand certain aspects of procedural abuse and the remedies available in cases of legal abuse in Quebec. As each situation is unique, we recommend that you consult a lawyer or legal professional for a personalized assessment of your case.