Marcotte v. Longueuil (City), 2009 SCC 43, [2009] 3 S.C.R. 65

  • October 08, 2009

Date: 2009-10-08 | Link

"What is clear from these different sources is that the purpose of art. 4.2 C.C.P. is to reinforce the authority of the judge as case manager.  The judge is asked to abandon the role of passive arbiter.  At first glance, this case management function does not mean that it would be open to a judge to prevent a party from exercising a right.  However, the judge must uphold the principle of proportionality when considering the conditions for exercising a right." (para 67)