Court of Appeal of Quebec

Desgagné c. Commission des normes, de l'équité, de la santé et de la sécurité du travail

February 27, 2019

500-09-027392-182

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. This link open an external website in a new window.

The RSS feeds of the Court of Appeal allow you to be informed of any recent updates.

An RSS feed allows you to keep up to date with any recent updates published on a website. By subcribing to our RSS feed, you will automatically receive the latest news related to your RSS feed and view them at any time.


You're looking for a specific judgment?

The judgments rendered by the Court of Appeal since January 1, 1987 are available free of charge on the following website: www.citoyens.soquij.qc.ca. This link open an external website in a new window.

A section of older cases since 1963 is available with a subscription on the following website: soquij.qc.ca. This link open an external website in a new window.