When burdened with an excessive number of procedures, the possibility to demand an advance to cover the cost of a defense becomes available

par Ashley Kandestin, stagiaire en droit DeGrandpré, Chait In Ben & Florentine Restaurants inc. c. 7255764 Canada Ltd., 2012 QCCA 1019, Justice Nicolas Kasirer upheld an interlocutory judgment rendered by Justice Hélène Le Bel ordering the plaintiff, a franchisor operating a chain of restaurants, to furnish the defendant, its ex-franchisee, an advance payment of $35 000 under article 54.3 (5) of the Code of Civil Procedure (“CCP”). In civil matters, applications for an advance costs award (provisions pour frais) are seldom granted but are rather reserved for those “rare and exceptional” cases that are special enough to warrant this preferential measure. The party applying for the order must first and foremost prove that without the advance, an inability to afford the litigation would follow. But beyond this access to justice concern, an applicant must also demonstrate that the “issues raised transcend the litigant’s individual interests[1]”. This principle was established by the… Lire la suite