M. Hassell

The applicant brought an ex parte application seeking an order to examine the respondent before trial in Montreal for an action pending in the Quebec Superior Court.

The court dismissed the application, finding no basis to proceed ex parte and noting multiple deficiencies in the materials.

Specifically, the applicant failed to comply with the Interprovincial Summonses Act by not providing a certificate signed by a judge, failing to tender witness fees, and not addressing the lack of reciprocal immunity provisions in Quebec.

The dismissal was without prejudice to bringing the application back on notice with a proper record.

During a criminal trial for multiple convenience store robberies, the defence brought a motion for a directed verdict after the close of the Crown’s case regarding two of the alleged robberies.

The Crown relied entirely on circumstantial evidence linking the accused to surveillance footage and clothing similar to items worn by a robber.

The court applied the directed verdict test from R. v. Monteleone and the circumstantial evidence principles from R. v. Arcuri.

The judge held that the similarities in clothing and general appearance were too generic and common to support a reasonable inference that the accused was the perpetrator.

Directed verdicts of not guilty were entered on the two counts.

A contractor sought recovery of the unpaid balance of a contract for the design and installation of custom kitchen cabinetry and enforcement of a construction lien.

The homeowners counterclaimed for damages alleging design deficiencies, improper installation, and associated replacement costs relating to cabinetry, granite countertops, and other kitchen components.

The court found the contractor performed the contractual work and that the alleged deficiencies were either unproven, attributable to third parties, or resulted from the homeowners’ failure to mitigate.

The court further determined that the contractor’s lien was preserved and perfected within the statutory time limits under the Construction Lien Act.

Judgment was granted for the contractor for the unpaid contract balance and the counterclaim was dismissed.

The court provided further directions regarding a court-ordered election for a not-for-profit corporation.

The issue was whether 18 individuals whose memberships had been suspended or terminated were eligible to vote as 'regular members' if they operated convenience stores as franchisees rather than independent owners.

The court found that the corporation's Articles did not exclude franchisee store operators from regular membership, provided they contributed to the generation of profits for the corporation.

The court ordered that the 18 individuals could vote if they submitted an affidavit confirming their contribution to the corporation's profits.

A not‑for‑profit corporate governance dispute led to court‑ordered elections for officers and directors of an association.

On a motion for directions, the court clarified the powers of court‑appointed election supervisors, determined the positions to be filled, and resolved several disputes about membership eligibility, voting procedures, and governance rules.

The court held that previous confirmations of the president and vice‑presidents were procedurally invalid due to lack of quorum and improper notice.

Suspensions or terminations of certain members were set aside due to lack of procedural fairness.

The court issued detailed directions governing the conduct of the upcoming elections, including supervision authority, quorum rules, and control over the association’s website during the election process.