2011 May 30

Barreau du Quebec c. Richard, 2011 QCCS 2655

The Quebec Superior Court granted the Quebec Bar Association a permanent injunction against the defendant prohibiting him from: (i) sending emails, letters or cease and desist demands to the Bar or its officers, elected officials, members and personnel; and (ii) communicating by email, letter or by cease and desist demands to the Bar, its officers, elected officials, members and employees using any electronic address associated with the domain name of the Quebec Bar or its directors. The Court stated that without a permanent injunction, the defendant would recommence his campaign as no damages award would influence his conduct; that only the fear of going to prison could reduce him to silence. Paraphrasing the judgment in National Bank v Weir, 2010 QCCS 402, the Court stated that the abusive, defamatory, vexatious, misleading, harassing and furious words of the defendant are like fallen leaves which fall from a tree and then are picked up by the autumn winds. Just as it is impossible to gather them all up once they have dispersed, so it is impossible to call back defamatory and harassing expression. No monetary compensation could compensate for the damages that would result; the only effective remedy is to prevention.