Provencher (Succession de) v. Québec (Sous-ministre du Revenu) (Curateur public), 2009 QCCS 1869* et Provencher (Succession de) v. Québec (Sous-ministre du Revenu) (Curateur public), 2010 QCCS 3910
Mtre Aylwin successfully demonstrated that, in appropriating the residue of the succession for himself, the curator had not acted with prudence, diligence, honesty and loyalty.
Heirs' right of action is not prescribed, regardless of the time that has elapsed, as prescription cannot begin if the heirs are unaware of the curator's wrongful actions. The public curator's negligence was sanctioned by the court. In addition, the right-holders must be compensated for amounts lost due to the curator's negligence.
* Amount of damages currently under appeal