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ARTICLE · 14 JULY 2022

The Analytical Framework Specific To Seizure Before Judgment: Distinction With The Debate On The Merits Of The Case

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In May 2021, the customer went to a dealership to purchase a vehicle.

CanadaLitigation, Mediation & Arbitration
Antoine Brylowski
Antoine Brylowski
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On December 15, 2021, in Mercedes-Benz Financial Services Canada Corporation v. Seweha,1 the Quebec Court of Appeal reiterated that in matters of seizure before judgment, the analysis of the sufficiency of the allegations must be based on the allegations contained in the affidavit submitted in support of the seizure, and not on the allegations contained in the statement of claim.

The facts

In May 2021, the customer (the defendant in this case) went to a dealership to purchase a vehicle. The customer then contractually agreed to make monthly payments to the plaintiff, who is the vehicle owner and the assignee of the instalment sales contract between the parties (the "Contract").

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