Montreal carries a cause in the Supreme Court

maria-altagracia-dorval-ete-assassineeThe family of Maria Altagracia Dorval, this mother of three children murdered by her ex-spouse in 2010, may have to carry his battle in the Supreme Court against the City of Montreal and its police officers accused of negligence. The Coderre Directors authorized this week the appeal on appeal from a judgment of the Court of Appeal upholding the admissibility of a further $ 665,000, reveals a document released yesterday.

In summer 2010, Maria Altagracia Dorval was so afraid of her ex-husband Edens Kenol she had contacted the police department of the City of Montreal (SPVM) several times to express his fears. On 11 October, exasperated, she had made a formal complaint against the ethics police. Six days later, her ex-husband came home broken into his Montreal North apartment and stabbed her to death. The latter was sentenced to life imprisonment in May 2013. The five officers were eventually exonerated, last spring by the Ethics Committee.

Aghast, father, sister and stepmother’s mother 28 years have filed a lawsuit for damages against the City in 2012, the Court dismissed the following year. They are then returned to the charge in October 2013, almost three years after the tragedy, hiring a new suit for damages of $ 665,000 against the City for negligence in the handling of repeated complaints of Maria Altagracia Dorval at the place of his husband.

The prosecution limitation period initiated by the Dorval family is at the heart of the legal debate that still has not been heard on the merits by the courts. The City of Montreal argues that this case was prescribed after six months, given the “moral and material damage” suffered by “indirect victims” under the Act respecting Cities and Towns. For their part, the plaintiffs maintain that they have rather suffered “bodily injury” due to the death of Ms. Dorval and thus, the three-year limitation period under the Civil Code applies.

Judgment of the Court of Appeal

The three judges of the Court of Appeal in favor of the relatives of Ms. Dorval on 5 October, reversing a judgment of the Superior Court, at the same time rejecting the motion to dismiss the City of Montreal. The court ruled that the death of Maria Altagracia Dorval “criticized the City is a physical injury which the appellants are also victims therefore must compensate”.

The City considers necessary to bring the case to the Supreme Court because of “the importance of this issue in Quebec municipal law.” She added that the “municipal law prescribing a disposition of great importance and the question of its application in respect of indirect victims is common.”

The Executive Committee authorized the appeal to the Supreme Court on Wednesday at a closed meeting.

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