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Quebec decision backs a litigant’s right to compel participation

Friday, July 27, 2018 @ 8:39 AM | By Daniel Urbas

The Superior Court in Roy Métivier Roberge inc. c. CGE Groupe conseil inc., 2018 QCCS 3048 reminded litigants that access to justice has a corresponding obligation to participate, even in defence, and upheld a plaintiff’s ability to enforce defendants’ compliance with that obligation.

The case applies the spirit of the three-paragraph “Preliminary Provision” prefacing the numerous procedural rules in Quebec’s Code of Civil Procedure (CCP). That Preliminary Provision mentions, among other things, that the CCP is designed not only to ensure accessibility but also to encourage...