In December 2025, the Superior Court of Quebec dismissed an application that sought to end a C$600-million lawsuit on three separate preliminary grounds: lack of jurisdiction, motion to dismiss and abuse of procedure.
On March 20, 2026, the Quebec Court of Appeal dismissed an application for leave to appeal. As a result, the case will proceed to trial.
Together, the decisions offer a helpful reminder of how Quebec courts consider these preliminary motions and an important warning regarding the consequences of preventing evidence from being presented at a preliminary stage.
The Dispute at a Glance
The plaintiffs, two Quebec companies, have brought a claim against two defendants: ARE-Canada No. 5 Holdings, ULC (ARE-Canada) and Alexandria Real Estate Equities, Inc. (Alexandria) for C$600-million in damages, to be perfected at trial. The plaintiffs alleged that they agreed to acquire a business in reliance on a concluded lease agreement, but that the defendants abusively refused to
