On the 26th of February 2019 the Superior Court Judge Jean-Guy Dubois has given a very interesting decision which might affect the future of similar cases. We’re proud to say that the renowned lawyer of our law cabinet Me Dorin Holban was representing one of the parties.
According to the Court’s record, in this case, dealing with the seizure before judgment, a man allegedly owed a significant amount of money to his sister. He pretended though that his wife was the sole owner of the house where the family lived. This house, around a million dollars of value, seemed to be the only significant asset of the family. The husband himself, deep in debt, owned almost nothing. This is why, as the husband told to the court, his creditor cannot ask for a seizure of the house before judgment: it was not his house, but the one of his wife.
Yet the wife, apparently, didn’t work outside of the house and didn’t have income to pay hypothec instalments. The husband himself called the house “my house” and “the family residence” on several occasions. In this situation the Court saw it appropriate to maintain the seizure before judgment. Clearly, the decision on the merits of the case is yet to come. However, it will be interesting to see the long-term ramifications of this particular judgment.
It’s important to remember, though, that simple fear or suspicion are not sufficient grounds to ask for a seizure before judgment. For example, in Trépanier c. Stellium Immobilier inc, the Court said that the intent to hide assets should be demonstrated altogether with some pattern in the party’s evasive behaviour attempting to avoide rightful creditors’ claims. The Court did remind that the burden of proof is on the claimant.
Seizure before judgement is available in civil cases where a significant debt is imposed on one of the parties, be it a contract claim, a civil responsibility claim, a family case or a succession lawsuit.
Allen Madelin Law firm has particular experience when it comes to seizure before judgment, both in applying for it and defending against it. Do not hesitate to contact us for further information and a consultation at 514 904 4017 or via email [email protected]
