Nelson Sergerie
CHANDLER – The Superior Court rejects the motion to declare the Town of Chandler’s behaviour as abusive and dismisses the application instituting proceedings filed last April by former mayor Louisette Langlois.
Ms. Langlois was trying to put an end to the lawsuit filed by the Town of Chandler in January 2022, which claims $230,411 from her in the saga surrounding the 180-day sanction from the Municipal Commission from January to July 2021.
She also claimed $2,500 in damages to compensate for extrajudicial fees in connection with the application.
In support of her request, the former mayor cited the Town of Chandler and its lawyers for their inertia in advancing the case and, in particular, for their failure to promptly provide the various undertakings given during the examination for the discovery of a Chandler representative.
Ms. Langlois’ attorney, Charles Caza, noted in the application several delays since June 6, 2022, in the file, and that, in January 2023, the town’s attorneys filed a new request for an extension to submit the requested documents.
Subsequently, on March 14, “the plaintiff’s attorneys indicated that they were still in the process of gathering responses to the commitments,” the document states.
Ms. Langlois’s attorney argues in the application that “without notice and without having transmitted the commitments, the Plaintiff’s attorneys served a subpoena on April 12, 2023, directly to the Defendant to question her on two separate days, namely for April 20 and 21.
According to Mr. Caza, “such ways of doing things constitute maneuvers to prevent the defendant from having the right to a full and complete defence with the aim of depriving her of having access to all of the documents and other evidence.”
The documents, Mr. Caza argues, “go to the heart of this dispute and are necessary for the preparation of this case.”
For the attorney, “such delays demonstrate dilatory and abusive behaviour on the part of the plantiff.”
In the five-page decision rendered on February 2 following the hearing of the case on December 6, Judge Daniel Beaulieu notes that the parties accuse each other of not respecting certain of the deadlines provided for in the procedure.
He continues by indicating that on several occasions, the courts have been called upon to rule on this concept and the conditions to be met to obtain the dismissal of a request instituting proceedings.
“From these judgments and rulings emerge an almost unanimous consent, i.e. the obligation to act with “caution” before ordering the dismissal of a procedure,” writes the magistrate.
Subsequently, Judge Beaulieu details each of the stages in dispute on both sides and the deadlines which are not respected by both the former mayor and the town.
“In the opinion of the Court, there is no reason here to reject the Town of Chandler’s application to initiate proceedings, due to an abuse of process. Therefore, Ms. Langlois’ request must be rejected, with legal costs,” explains Judge Beaulieu.
“Although the details provided are in no way desirable, it appears that both parties have their respective faults regarding the progress of the case,” continues the judge.
As for the refusal to award $2,500 to the former mayor, the judge recalls “that the extrajudicial fees currently incurred for the representation of Langlois, including those incurred on the current request for dismissal, are assumed by the Town of Chandler. However, all of these sums are the subject of the claim on the merits in this case, a claim that the Court will then assess and award according to the criteria dictated by law and developed by case law,” mentions the decision.
The town launched complaint procedures against Louisette Langlois in January 2022. The resolution leading to the filing of the complaint by the town underlined in particular that the accusations against Louisette Langlois resulted from serious or intentional faults, by predominating her personal interest, from having taken actions in an intentional and premeditated manner, all to get her own way.
The argument was taken up in the request for initiation of proceedings for reimbursement of defence costs.
Chandler’s attorneys noted, in particular, that “the decision rendered (…) on December 21, 2020, is damning against the defendant and makes it possible to establish that the acts or omissions of the defendant are serious and/or intentional and/or separable faults of the exercise of her functions.”
They added that the former elected official “multiplied the procedures, some of which were useless, unfounded and truncated given the present evidence presented before the CMQ (Quebec Municipal Commission)”.
In December 2019, Louisette Langlois was cited for 21 violations of the Code of Ethics and Professional Conduct for Chandler elected officials.
After hearings in July 2020, the commission concluded that the former elected official was guilty of 20 breaches, notably conflicts of interest, in December 2020. Before the sanction hearing, Ms. Langlois had tried to obtain a halt to the procedures, contested the notice of sanction issued against her going so far as to ask to reopen the investigation, requests rejected by administrative judge Sandra Bilodeau.
The former mayor took her appeal to the Superior Court where it was dismissed in July 2021 and suffered the same fate in October 2021 before the Court of Appeal.
To date, this saga has cost Chandler taxpayers $353,495. The town of Chandler reserved the right to adjust its claim.