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Khadr
SCC Case Information
Summary
32860
Marcel de Montigny, personally and in his capacity as heir and liquidator of the succession of Liliane de Montigny, et al. v. Succession of the late Martin Brossard represented by Roger Brossard, his liquidator
(Quebec) (Civil) (By Leave)
Keywords
Torts.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch) for information purposes only.
Civil liability – Damages – Moral damages – Exemplary damages – Whether amounts awarded to Applicants for moral injury were adequate – Whether death of person who commits intentional acts that may result in award of exemplary damages to that person’s victims precludes ordering his succession to pay exemplary damages – Charter of human rights and freedoms, R.S.Q., c. C-12.
On April 22, 2002, Martin Brossard killed his spouse, Liliane de Montigny, and their two daughters and then committed suicide. Liliane de Montigny’s father and two sisters then brought an action in damages against Martin Brossard’s succession, in which they joined a direct action and an action by the successions. The direct action included claims for pain, suffering and loss of expectation of life as well as for funeral expenses and exemplary damages. The action by the successions had two components: one in which the Applicants, in their capacity as heirs and liquidators, claimed the damages allegedly suffered by Liliane’s succession, and the other in which Liliane’s father did the same for the successions of his two granddaughters. The Superior Court allowed the action in part. The Court of Appeal allowed the appeal in part.