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ARTICLE · 28 APRIL 2017

Dismissal At The Interlocutory Stage: The Window Remains Small

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The Quebec Court of Appeal has reminded us that caution is in order when it comes to ruling on motions to dismiss at the interlocutory stage, even where a precedent would appear to predetermine the outcome of the proceeding.

CanadaLitigation, Mediation & Arbitration
Langlois Lawyers LLP
Langlois Lawyers LLP
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In its decision in 9324-0422 Québec Inc. v. Gestion Paul Daigle Inc., 2017 QCCA 242, the Quebec Court of Appeal has reminded us that caution is in order when it comes to ruling on motions to dismiss at the interlocutory stage, even where a precedent would appear to predetermine the outcome of the proceeding.

The matter before the Court involved a promise of sale which the promissor-purchaser sought to enforce through an action to compel transfer of title. The promise to purchase called for the deposit of a down-payment, which was in fact made, but on the day after the date specified in the preliminary contract. The plaintiff pleaded the lack of cooperation of a real estate broker involved, who was to have received and passed on the deposit, as the justification for missing the deadline.

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