Tremblay v. Bernier

Tremblay v. Bernier

The Board of Notaries has jurisdiction to investigate and take disciplinary action for conduct derogatory to the honour of the profession even where the conduct may amount to a crime; subsection 8 of art. 3871 R.S.Q. does not restrict that jurisdiction to instances where there has been a prior criminal conviction,...

Source-derived case information.

Citation
(1892) 21 SCR 409
Parties
Appellant: Joseph Arthur Tremblay; Respondents: Michel Esdras Bernier et al.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
6 October 1892
Procedural Posture
Appeal / Hearing on Appeal to the Supreme Court of Canada From the Court of Queen's Bench for Lower Canada
Outcome
Appeal dismissed with costs
Legal Topics
Disciplinary Powers, Prohibition, Jurisdiction, Professional Misconduct, Notaries
Source Language
english
Professional Law Notarial Law Administrative Law Criminal Law Disciplinary Powers Prohibition Jurisdiction Professional Misconduct +1 more

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Parties

Joseph Arthur Tremblay

Appellant

Michel Esdras Bernier et al.

Respondents

Procedural Posture

Appeal / Hearing on Appeal to the Supreme Court of Canada From the Court of Queen's Bench for Lower Canada

Legal Issues

  1. 1 Whether the Board of Notaries may investigate acts derogatory to the honour of the profession that may also amount to crimes without a prior criminal conviction
  2. 2 Whether subsection 8 of art. 3871 R.S.Q. restricts the committee's jurisdiction to cases where there has been a prior conviction
  3. 3 Whether a writ of prohibition should issue to restrain the committee from proceeding

Ratio Decidendi

The Board of Notaries has jurisdiction to investigate and take disciplinary action for conduct derogatory to the honour of the profession even where the conduct may amount to a crime; subsection 8 of art. 3871 R.S.Q. does not restrict that jurisdiction to instances where there has been a prior criminal conviction, therefore the writ of prohibition restraining the committee was improper and the appeal is dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs.
  • Writ of prohibition refused; committee of discipline may proceed