Article 199 CCP : a question of a judge’s assessment of proportionality

By AshleyKandestin DeGrandpréChait S.E.N.C.R.L/LLP In 1994, agroup of Native persons selling petroleum products filed a Motion forDeclaratory Judgment and Suspension against the provincial and federalgovernments (the “Crown”). In short, the plaintiffs sought to declare as beinginapplicable to them the fuel tax, QST and GST, by alleging them to be contraryto the Indian Act. Eighteen yearslater, arguing that the taxation issue cannot be disassociated from thefiduciary duties owed to them by the Crown, the plaintiffs seek to amend theirmotion under article 199 of the Code of Civil Procedure (the “CCP”) in order toadd to it new allegations and conclusions. In Leclaire c. Québec (Sous-ministre du revenu) 2012 QCCA 1872,Justice Kasirer explains why such an amendment cannot be granted. As the casemanagement judge, Justice Louis Crête of the Superior Court refused to allow theamendments alleging the Crown’s breach of its fiduciary duties. On a motion forleave to appeal of the decision, plaintiffs… Lire la suite