Boivin et al. c. Pépin et al., 21 septembre 2007, 505-17-002663-062 (C. S.)
Important Judgment

Lawyer(s)
Demers Louis

This was a motion filed by Me Louis Demers on behalf of the plaintiffs contesting a municipal election under section 293 of the Act respecting elections and referendums in municipalities, seeking to have the election declared null on the ground that the limit on authorized election expenses had been exceeded by 42%.

The defendants filed many preliminary exceptions, such as the absence of the required capacity or interest to challenge the election, the prescription of the recourse and the absence of a legal basis, all of which were dismissed. The defendants also filed a counterclaim for damages for injury to one’s reputation, which counterclaim was also dismissed, because the court found no fault on the part of the plaintiffs.

The motion contesting the municipal election was granted and the municipal election was annulled. The appeal of this judgment was dismissed, upon motion, on November 1, 2007.

Given that the judgment was executory notwithstanding appeal, the city of some 25,000 inhabitants was placed under the tutorship of the Commission municipale du Québec because the remaining councillors could not satisfy the quorum required at City Hall.

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