Court File and Parties

CITATION: Sauve v. Quebec (Attorney General), 2011 ONCA 369

DATE: 20110509

DOCKET: C50013

COURT OF APPEAL FOR ONTARIO

Weiler, Blair and Karakatsanis JJ.A.

BETWEEN

Gary Sauve

Plaintiff (Appellant)

and

Attorney General of Quebec Surete De Quebec, Roland Leblanc

Defendants (Respondents)

Gary Sauve, in person

Jean Faullem, for the Attorney General of Quebec

Heard: May 2, 2011

On appeal from the judgment of Justice Robert Maranger of the Superior Court of Justice, dated January 19, 2009.

APPEAL BOOK ENDORSEMENT

[1] The appellant, Gary Sauve, appeals to the Court of Appeal for Ontario from the order of Honourable Judge Maranger dated January 19, 2009 made at the Ontario Superior Court in the City of Ottawa, Ontario dismissing his statement of claim.

[2] We are satisfied that the motion judge did not err in dismissing this Statement of Claim against the Attorney General of Quebec and its agents. We agree with the motion judge that the Province of Quebec has procedural immunity against such a suit in Ontario.

[3] The Crown is immune against suit except as expressly provided by statute or by necessary implication. While the provincial legislation permits suits against the Crown, it provides the manner in which those suits may be brought. The Quebec Civil Code provides specific rules governing actions against the Province of Quebec. Those rules apply only to Quebec actions. Thus, the legislation permitting proceedings against the Crown in right of the province, renders Quebec liable to be sued in the courts of its own province but not in the courts of other provinces.

[4] Clearly this case does not fall within the common law exception for actions based upon a province’s commercial activity in another province. Nor is there any authority in Ontario permitting such suits.

[5] As a result, there is no need to deal with the other grounds of appeal. The appeal is dismissed.