DU QUÉBEC c. SIMON FORTIN, ET AL. (Qué.) (Civile) (Autorisation)
REASONS TO FOLLOW
oral judgment will be available within 48 hours at:
LE BARREAU DU QUÉBEC v. SIMON FORTIN ET AL.
- Interpretation - Section 128.1(b) of the Act respecting the Barreau,
R.S.Q. c. B-1 - Article 61 of the Code of Civil Procedure, R.S.Q. c. C-25
- Right to represent one's self in court - Pleadings drawn up by a third
party who is not a lawyer - Whether, after ruling that the Act respecting
the Barreau and section 128(1)(b) of that Act are matters of public order
and that any agreement contrary to the provisions of that Act is null
as a matter of absolute nullity, the Quebec Court of Appear erred by concluding
that the courts should nonetheless approve pleadings arising out of an
agreement of that nature - Whether the Quebec Court of Appeal erred by
ruling that the absolute nullity that prohibited the agreements under
section 128(1)(b) of the Act respecting the Barreau is only "partial"
in this instance - Whether the Quebec Court of Appeal erred by ruling
that article 61 C.C.P. permitted the respondents to retain the services
of a person who is not a member of the Barreau to "draw up or prepare"
their pleadings "provided only that no mandate be given to that person
to represent them in the courts", despite the clear words of section
128(1)(b) of the Act respecting the Barreau - Whether the Quebec Court
of Appeal erred in interpreting section 128(1)(b), from the standpoint
both of the protection of the public and of the administration of justice,
by ruling that pleadings prepared in violation of that section must be
dismissed by the courts.
respondents, who were members of an association called Le Club juridique,
filed motions for interlocutory injunctions and actions for permanent
injunctions in the Superior Court against the mis en cause Jean-Guy Chrétien.
They represented themselves in the courts. The respondents admitted that
they had been aided and advised by Le Club juridique and its mandatary,
Yvon Descôteaux, the founder of the association, a former lawyer
who had been struck from the Barreau, in drawing up the pleadings in the
Superior Court. On November 22, 1996, the Superior Court allowed the motion
to dismiss filed by the mis en cause Jean-Guy Chrétien, because
the pleadings had been drawn up on behalf of the respondents by a person
who was not a member of the Barreau, contrary to section 128.1(b) of the
Act respecting the Barreau, R.S.Q. c. B-1.
June 6, 1997, the Barreau du Québec was given leave by the Court
of Appeal to intervene in the case for the purpose of defending the interpretation
of the Act respecting the Barreau adopted by the Superior Court judge.
On December 17, 1998, the Court of Appeal reversed the judgment of the
Superior Court and dismissed the motions to dismiss. It further ordered
that all reference to Le Club juridique and its mandatary be struck from
of the Court of Appeal: December 17, 1998
François Folot for the appellant
Simon Fortin, Huguette Fortin and Lise Fortin for the respondents