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ARTICLE · 21 MARCH 2019

Murphy C. Grid Solutions Canada: A Quebec's Motion To Dismiss Is Not Intended To Replace The Trial

WeirFoulds LLP
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Recently, WeirFoulds Associate Marie-Pier Nadeau and local counsel successfully opposed a motion seeking the dismissal of our clients' claim for abuse of procedure in Murphy c. Grid Solutions Canada, 2019 QCCS 563.

CanadaLitigation, Mediation & Arbitration
Marie-Pier Nadeau
Marie-Pier Nadeau
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Recently, WeirFoulds Associate Marie-Pier Nadeau and local counsel successfully opposed a motion seeking the dismissal of our clients' claim for abuse of procedure in Murphy c. Grid Solutions Canada, 2019 QCCS 563. The motion was brought under section 51 C.C.P., which reads as follows:

51. The courts may, at any time, on an application and even on their own initiative, declare that a judicial application or a pleading is abusive.

Regardless of intent, the abuse of procedure may consist in a judicial application or pleading that is clearly unfounded, frivolous or intended to delay or in conduct that is vexatious or quarrelsome. It may also consist in a use of procedure that is excessive or unreasonable or that causes prejudice to another person, or attempts to defeat the ends of justice, particularly if it operates to restrict another person's freedom of expression in public debate.

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