2013 QCCQ 6446, 2013 QCCQ 6446

Samoukova c. Tanguay 2013 QCCQ 6446 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-131565-113 Samoukova, Yelena v. Tanguay. Mary Clare 500-32-134330-127 Samoukova, Yelena v. Tanguay, Mary Clare 500-32-131502-123 Samoukova, Yelena v. St-Aubin, Mimi 500-32-132503-121 Samoukova, Yelena v. Heron, Ian 500-32-134009-127 Samoukova, Yelena v.

Sitar, Katica DATE: June 18, 2013 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ YELENA SAMOUKOVA […]Dollard-des-Ormeaux, Qc […] Plaintiff v. MARY CLARE TANGUAY […]Pointe-Claire, Qc […] Defendant ________________________________ YELENA SAMOUKOVA Plaintiff v. MIMI ST-AUBIN […]Pointe-Claire, Qc […] Defendant ________________________________ YELENA SAMOUKOVA Plaintiff v. IAN HERON […]Dorval, Qc […] Defendant ________________________________ YELENA SAMOUKOVA Plaintiff v.

KATICA SITAR […]Dorval, Qc […] Defendant ______________________________________________________________________

JUDGMENT RENDERED FROM THE BENCH ______________________________________________________________________ [ 1 ] The Court, on its own initiative under art. 54.1 C.C.P. and after having heard the parties on the point, rules as follows. [ 2 ]

Article 54.1 C.C.P. states: "54.1. A court may, at any time, on request or even on its own initiative after having heard the parties on the point, declare an action or other pleading improper and impose a sanction on the party concerned. The procedural impropriety may consist in a claim or pleading that is clearly unfounded, frivolous or dilatory or in conduct that is vexatious or quarrelsome.

It may also consist in bad faith, in a use of procedure that is excessive or unreasonable or causes prejudice to another person, or in an attempt to defeat the ends of justice, in particular if it restricts freedom of expression in public debate." [ 3 ] WHEREAS the Court declares actions 500-32-131565-113, 500-32-134330-127, 500-32-131502-123, 500-32-132503-121 and 500-32-134009-127 improper; [ 4 ] WHEREAS the procedural impropriety consists in plaintiff's conduct which is vexatious and quarrelsome; [ 5 ] WHEREAS the procedural impropriety also consists in a use of procedure that is excessive and unreasonable; [ 6 ] WHEREAS, indeed, plaintiff and her actions have all the hallmark characteristics of respectively a quarrelsome litigator and proceedings which are improper; [ 7 ] WHEREAS , for example, in the Tanguay files, plaintiff is suing the same person twice, based on her work at the charitable and non-profit West Island Citizen Advocacy community group; and, by doing so, is dividing her claim, that which is not allowed under art. 955 C.C.P.; [ 8 ] WHEREAS , furthermore, many of plaintiff's allegations clearly demonstrate that she is suing on behalf of others, that which she cannot do; [ 9 ] WHEREAS many of plaintiff's allegations are incomprehensible; [ 10 ] WHEREAS, more importantly, however, plaintiff's numerous actions for alleged "mental abuse", "psychological cruelty", "moral torture", "dignity violation" and the like, are hallmark indicators, as above stated, of a vexatious and quarrelsome litigator; [ 11 ] WHEREAS plaintiff's allegations against numerous individuals are repetitive and based on purely subjective recriminations and ruminations to the effect that, essentially, the world is out to get her; [ 12 ] WHEREAS , in reading the proceedings, it is difficult to glean a cause of action; [ 13 ] WHEREAS , on the face of the proceedings, they appear to be futile; [ 14 ] WHEREAS plaintiff furthermore incessantly demands the Court and its staff to bow to her unending requests, both time- consuming and excessive: for example, she asked that tens upon tens of witnesses be assigned for her cases, where there is clearly no need to do so (inter alia, the mayors of Dorval, Pointe-Claire and Beaconsfield; police officers; sick and elderly people, etc.); [ 15 ] WHEREAS there are no bounds to plaintiff's excessive requests: on June 6 th , 2013, unbelievably, she requested that the court clerk assign no less than 49 witnesses, for a grand outrageous total of 58 or more witnesses; [ 16 ] WHEREAS plaintiff cannot be allowed to continue to abuse and monopolize this Court's precious judicial resources to fuel her conduct and demands, which are excessive, unreasonable, frivolous and absurd; [ 17 ] WHEREAS it is also important to note that, on January 23 rd , 2013, Judge Brigitte Gouin of this Court dismissed yet another 7 of plaintiff's actions against 7 other individuals, based on a motion for dismissal under art. 165(4) C.C.P., as the suits were unfounded in law; [ 18 ] WHEREAS , again, plaintiff was claiming for: "(…) lack of respect, abuse of trust, taking advantage of my illness and my chronic health problems, fraud, mental traumatizing, physical torture, psychological cruelty, financial damage, dignity violation, correspondence's harassment (...)" [ 19 ] WHEREAS , what is more, apart from the 5 cases before the Court this morning, several others are pending in the judicial districts of Montreal, St-Jérôme and Laval; [ 20 ] GIVEN plaintiff's chronic vexatious and quarrelsome conduct; [ 21 ] GIVEN art. 54.5 C.C.P.; [ 22 ] WHEREAS it must be noted that plaintiff's litigation constitutes a nuisance to the many defendants and individuals involved;

[ 23 ] WHEREAS , therefore, the proceedings will end at this point; WHEREFORE THE COURT HEREBY: DECLARES the present proceedings improper; DISMISSES the proceedings; CONDEMNS plaintiff to pay all of the defendants' judicial costs; PROHIBITS plaintiff from instituting legal proceedings before the Court of Quebec except with the authorization of and subject to the conditions determined by the Chief Justice of the Court of Quebec. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: June 18 th , 2013