Exaggeration of amounts claimed = abuse of process
When you file a lawsuit or a counterclaim in a lawsuit directed against you, you must make sure that there is a balance between the evidence you are able to substantiate and the actual claim, otherwise you could be condemned for abuse of process.
Abuse of process is defined by article 51 of the Code of Civil Procedure in the following terms:
Abuse may result, regardless of intent, from a claim or other procedural act that is manifestly ill-founded, frivolous or dilatory, or from vexatious or querulous behaviour. It may also result from the use of the procedure in an excessive or unreasonable manner or in a manner that harms others or from the misuse of the ends of justice, among others if it has the effect of limiting the freedom of expression of others in the context of public debates.”
If the Superior Court of Quebec ruled in favour of an abuse of process in the case of a grossly exaggerated claim (Vassiliou v. Charrette, 2021 QCCS 6070), this was not the case for the judge of the Court of Quebec in a decision dated January 17, 2022 (Hôtel Clarendon inc. v. Lessard, 2021 QCCQ 785).
It would seem that the exaggerated nature of the sums claimed exposes you to a condemnation for abuse of process, but on the condition that your behaviour and actions are equally abusive.
NOTE: This article does not constitute legal advice or legal opinion. It is only used to inform readers about certain aspects of litigating fiscal law.