Seizure Before Judgment: Between Protecting A Claim And Failing To Disclose A Relevant Fact

On July 4, 2025, in Boudreau v. Dallaire, the Québec Court of Appeal dismissed an application for leave to appeal a decision of the Superior Court, upholding a seizure before judgment of two properties. The Superior Court decision reiterated two fundamental principles regarding seizure before judgment: first, failure to disclose a relevant fact in ex parte proceedings does not automatically lead to the quashing of a seizure before judgment; and second, an objective fear that a claim is in jeopardy, based on sufficient allegations of fraudulent behaviour and poor solvency, can justify a seizure before judgment.

The Court of Appeal ruled that the application for leave to appeal did not raise any question of principle, a new issue or an issue of law that has given rise to conflicting judicial decisions, contrary to the requirements of article 30 para. 2(7) of the Code of Civil Procedure. The Court emphasized that seizure before judgment is a provisional measure