WIN
WITHOUT
LAWYERS

0avocat.ca - 0avocat.com - 0avocat.net - 0avocat.org - 0avocats.ca
0avocate.ca - 0lawyer.ca - 0lawyer.net - 0lawyer.org - 0lawyers.ca
aide-juridique.ca - aide-legale.ca - aidelegale.ca
 
 
43 vistors, 254 pages shown

 

Welcome ! Login
Supreme Court Judgment of Canada

BARREAU DU QUÉBEC c. SIMON FORTIN, ET AL. (Qué.) (Civile) (Autorisation) (27152)

DISMISSED, REASONS TO FOLLOW

The oral judgment will be available within 48 hours at:
http://www.scc-csc.gc.ca

27152 LE BARREAU DU QUÉBEC v. SIMON FORTIN ET AL.

Legislation - 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.

The 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.

On 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 the pleadings.

Origin: Quebec

Court no.: 27152

Decision of the Court of Appeal: December 17, 1998

Counsel: François Folot for the appellant
Simon Fortin, Huguette Fortin and Lise Fortin for the respondents

 


Home Articles Events Links Classifieds Discussions My Portal Join Us Administration

Web Site in agreement with the judgment 2002 SCC 14.27704
of the supreme court of Canada of february 21, 2002

The Revolt of Victims: to know our rights and to have them respected

Gagner sans avocat - Win without lawyers
Copyright © Jean Jolicoeur. All Rights Reserved.