February 27, 2019
Chamberland, Savard, Marcotte
Appeal from a judgment of the Superior Court dismissing an application for revocation of judgment. Dismissed.
The trial judge deemed that the appellant did not have the necessary legal interest to contest a default judgment rendered against corporations of which he was a director, finding them liable for unpaid pages.
The judge properly decided the issue. The appellant’s interests are not directly and immediately affected by the judgment at issue. They may be in the context of the action instituted by the respondent under section 119 of the Canada Business Corporations Act (R.S.C. 1985, c. C-44), but that is not what the condition set out in article 349 of the Code of Civil Procedure (CQLR, c. C-25.01) concerns.
Moreover, because that provision establishes a special regime that departs from the ordinary law, the appellant will be able to raise the defences that the corporation could have raised regarding the conditions of admissibility of the action. For example, he will be able to contest the plaintiffs’ employee status or argue that the debts at issue are not related to services performed while he was a director. The trial judge was therefore correct in saying that the default judgment rendered did not prejudice the appellant’s rights.
*Summary by SOQUIJ
Text of the decision: Http://citoyens.soquij.qc.ca
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