Goikhberg c. Bond 2016 QCCQ 5772 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTRÉAL Civil Division No: 500-32-149387-153 DATE: June 21, 2016 ______________________________________________________________________ PRESIDED BY THE HONOURABLE MARTINE L. TREMBLAY, J.C.Q. ______________________________________________________________________ YAFIM GOIKHBERG Plaintiff v. ELAINE BOND And ATTORNEY GENERAL OF CANADA Defendant ______________________________________________________________________ JUDGMENT [1] ______________________________________________________________________ [ 1 ] Mr.

Yafim Goikhberg (“ Mr. Goikhberg ”) claims $15,000 from Mrs. Elaine Bond (“ Mrs. Bond ”), the Parole Officer of the Correctional Service of Canada who, according to him, “abused her power and created a situation to illegally detain me (him) ”. [ 2 ] Mrs. Bond impleaded her employer, the Correctional Service of Canada, represented by the Attorney General of Canada under the Department of Justice Act [2] . [ 3 ] The Court is now seized with the Attorney General of Canada’s Motion for declinatory exception. [ 4 ] Clearly, Mr.

Goikhberg seeks the extracontractual civil liability of the Crown arising from the alleged fault of Mrs. Bond, one of its servants. Our Court has already confirmed [3] that pursuant to subsection 21(1) of the Crown Liability and Proceedings Act , [4] in all cases where a claim is made against the Crown, only the Federal Court and the Superior Court of the province in which the claim arises have jurisdiction with respect to the subject matter of the claim. [ 5 ] Therefore, this Court has no jurisdiction to hear the present action by reason of its subject matter.

FOR THOSE REASONS, THE COURT: DECLARES that the Court of Quebec does not have jurisdiction to hear the present suit; DISMISSES the action of Mr. Yafim Goikhberg, without costs. ________________________________ MARTINE L. TREMBLAY, J.C.Q. Date of hearing: June 21, 2016.