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ARTICLE · 02 MAY 2019

Search Warrants: Misleading The Court Compromises The Integrity Of The Process

Davies Ward Phillips & Vineberg LLP
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The SCC in Agence du revenu du Québec v 9229-0188 Québec inc. has dismissed an application for leave to appeal filed by Revenu Québec, acting as part of the Permanent Anti-Corruption Unit of Québec.

CanadaLitigation, Mediation & Arbitration
Léon Moubayed
Léon Moubayed
Sarah Gorguos
Sarah Gorguos
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The Supreme Court of Canada (SCC) in Agence du revenu du Québec v 9229-0188 Québec inc. has dismissed an application for leave to appeal filed by Revenu Québec (RQ), acting as part of the Permanent Anti-Corruption Unit of Québec. In doing so, the SCC leaves intact the action brought by Davies on behalf of the respondents and upholds the decision of the Québec Court of Appeal (QCA), which itself upheld a first instance judgment that

  1. quashed two search warrants and a production order obtained and executed by RQ in August of 2016 (collectively referred to as the three warrants); and
  2. ordered RQ to return the goods and items seized under these illegal warrants, of which RQ was not allowed to take cognizance in accordance with sealing orders obtained by the respondents.

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