Gestion Lebski Inc. et al. - Order (professional English translation, not revised)

Gestion Lebski Inc. et al. - Order (professional English translation, not revised)

The garnishment was quashed because the Quebec Court of Appeal's September 11, 2012 judgment vested the security funds in Dr. Garrel and Option consommateurs, so the judgment debtor (Gestion Tamalia inc.) no longer had rights in respect of those funds and the garnishment therefore could not attach them.

Citation
2012 Comp Trib 25
Parties
Applicant/judgment Creditor: Commissioner of Competition; Respondent/judgment Debtor: Gestion Finance Tamalia inc.; Garnishee: Attorney General of Quebec for the Registrar of the Quebec Court of Appeal; Opponents: Dr. Dominique Garrel and Option consommateurs
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
13 November 2012
Procedural Posture
Deceptive Marketing Practices / Garnishment Order
Outcome
Garnishment quashed with costs
Legal Topics
Garnishment, Security for Costs, Costs, Appeal
Source Language
English
Competition Law Civil Procedure Garnishment Security for Costs Costs Appeal

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Parties

Commissioner of Competition

Applicant/judgment Creditor

Gestion Finance Tamalia inc.

Respondent/judgment Debtor

Attorney General of Quebec for the Registrar of the Quebec Court of Appeal

Garnishee

Dr. Dominique Garrel and Option consommateurs

Opponents

Procedural Posture

Deceptive Marketing Practices / Garnishment Order

Legal Issues

  1. 1 Whether sums held as security by the Court of Appeal could be garnished to satisfy a Tribunal order
  2. 2 Whether the judgment of the Quebec Court of Appeal vested the security funds in Dr. Garrel and Option consommateurs such that the judgment debtor no longer had rights
  3. 3 Whether the provisional garnishment ordered by the Tribunal and executed by Her Majesty the Queen was valid given the appellate disposition

Ratio Decidendi

The garnishment was quashed because the Quebec Court of Appeal's September 11, 2012 judgment vested the security funds in Dr. Garrel and Option consommateurs, so the judgment debtor (Gestion Tamalia inc.) no longer had rights in respect of those funds and the garnishment therefore could not attach them.

Court Disposition

Garnishment quashed with costs

Orders

  • Garnishment practiced by Her Majesty the Queen is quashed, with costs.