By Sarah D. Pinsonnault As a general rule, under article 68(1) of the Québec Code of Civil Procedure (“C.C.P”), a personal action must be instituted before the competent court of the defendant’s real or elected domicile. When the territorial jurisdiction of the judicial district is put into question by the defendant, via a motion for declinatory exception, the plaintiff must then prove that one of the exceptional cases set forth in the subsequent paragraphs of art. 68 C.C.P. applies. In Pomerleau et Adornetto, 2014 QCCS 3899, the Plaintiffs, alleging to have been the victims of slanderous remarks on one of their Facebook pages, instituted a defamation lawsuit in the judicial district of Beauce; the district where they were domiciled. The Defendant however, who lives in Boisbriand, presented a motion for declinatory exception so that the Plaintiffs’ motion, in accordance with article 68(1) C.C.P., be transferred to the judicial district of… Lire la suite
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Août2014
