Successions: The Importance of Instigating the Right Action at the Right Time

Thom (Succession de) 2007 QCCS 4390 Mr. Aylwin succeeded in removing his client from the debate by demonstrating to the court that the procedure used did not enable it to sentence his clients. The court dismissed the motion in revocation of judgment, adding that such motion was not even the correct procedure for obtaining damages. Plaintiff, although notified by Mr. Aylwin's client of the succession rights, did not act in time.