March 13, 2018
St-Pierre, Mainville, Gagné
Appeal from a judgment of the Court of Quebec granting a motion to dismiss the action and declare it an abuse of process. Allowed.
The trial judge found that the action brought by the appellant against the defendant hospital in connection with her involuntary detention and an application for confinement had no chance of success.
It was premature for the judge to find that the action was bound to fail or that the appellant’s conduct was reckless. In violation of art. 28 of the Civil Code of Québec (S.Q. 1991, c. 64), the appellant was kept for more than 48 hours after the results of the second psychiatric examination before being released from confinement, without her consent or the court’s authorization. Furthermore, the facts raise certain questions about whether the criteria for an application for confinement, which are the hospital’s responsibility, were met. The judge also erred by asserting that there was no documentary evidence of the alleged inadequate supervision. Finally, considering the context and all of the above, it can only be concluded that the assertion that the appellant’s conduct was abusive or even blameworthy is surprising.
*Summary by SOQUIJ
Text of the decision: Http://citoyens.soquij.qc.ca
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