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regional wrap-up provide a summary for use in discussions with a marsh association, and to discuss the opinion with municipal councillors evinces an intention to waive confidentiality. "The waiver was not inadvertent," he added. "It was deliberate. This was not a case in which the client disclosed part of a privileged communication not centrAL 'Querulous' lawyer fights back Quebec Superior Court judge called abusive legal procedures. Francine Lessard, still a member of A the Barreau du Québec even though she retired as a provincial government lawyer in November 1997 and no longer practises, has appealed the January decision that also dismissed her $750,000 civil lawsuit launched in 2005 against a pair of doctors and the Quebec pension board (Régie des rentes du Québec). "Madame must be condemned for the unnecessary problems she has caused and her stubbornness in using the courts for her personal needs," Justice Nicole Bénard wrote in her damning 34-page decision handed down Jan. 18. Bénard started her judgment stating: "Situation incredible, but true — Madame Lessard sued Dr. Jacques Lesage, Dr. Louise Lambert, and the Régie des rentes du Québec for having given her reason for her request for a disability pension." She ordered Lessard to pay costs as well as $5,000 and $3,000 to Lesage and Lambert, respectively, for having to defend themselves "against this absolutely baffling lawsuit." The judge noted that "in this case, Madame pursued two doctors and the QPP without possessing one iota of law justifying the suit." It appears to have been the last straw for an exasperated judicial system. 8 M AY 2010 www. C ANADIAN Law ye rmag.com small-town lawyer is contesting being declared querulous for nearly a dozen years of what a Bénard pointed out this case was just the latest of many launched by Lessard since 1998, when she started filing often "shaky" suits in relation to the conduct of her son that led to continued legal pursuits against prosecutors, police, judges, lawyers, social workers, and youth-centre directors by accusing them of having acted in bad faith and maliciously. Her claims for damages have ranged from $400,000 to $1 million. She also hasn't hesitated going — unsuccessfully — as far as the Supreme Court of Canada. Psychiatrist Jacques Gagnon testified that, to an outsider, some of Lessard's cases seem clearly exaggerated or frivolous, either by nature or the amounts claimed. He and two other psychiatrists diagnosed her with paranoid delusional disorder. They told the court Lessard displays several types of paranoia including erotomania, megalomania, jealousy, and persecution. "We believe [Lessard] will never be satisfied with the judgments of the court and that her quest for justice will know no end," Gagnon testified. As a result of that testimony, Bénard concluded Lessard's illness doesn't render her unfit within the meaning of the Civil Code of Quebec. "It's up to her to take charge, accept professional advice, and get treated." She ordered Lessard not to launch any further personal lawsuits in Quebec without the prior written permission of the provincial chief justice or any judge designated by him. Lessard, 64, still has 10 active personal cases before the courts. In every one, past and present, she has represented herself. The one heard by Bénard involved a dispute concerning Lessard's government pension after ending a nearly 25-year career as legal counsel for the Régie du bâtiment — the agency that oversees building inspections. In March 1996, the employer obliged her to take a disability leave. She reported being unable to work because of an anxiety disorder caused by depression over her son's academic problems and her father's death. It was strongly suggested in November 1997 that she retire, which she did. At that point, however, the insurance company stopped pension payments over interpretations of her disability. Lessard subsequently paid back approximately $50,000 in pension payments to the board, but still owes the Quebec government about $25,000 in taxes on that amount. Lessard, speaking to Canadian Lawyer from her home in the village of Lanoraie, says she will argue Bénard didn't take into account favourable rulings by the Quebec administrative tribunal. Her appeal court hearing was scheduled for April 19. Admitted to the bar in 1972, Lessard says she has neither an office nor clients, but does still provide legal advice to friends and relatives. She also stressed not having a disciplinary record with the barreau, which was confirmed. — MIKE KING mking@videotron.ca knowing that privilege in the rest may go the same way." The court also determined that the government representative, the manager for the Department of Transportation for district operations in the Digby, N.S., area, had the authority to waive privilege. "It is [this individual's] job to communicate with, and deal with, individuals, municipalities, associations, or others about whether, or how, a highway will be maintained by the provincial government," Moir wrote. "That," he concluded, "must involve deciding whether to tell others about a legal opinion he has acquired on ownership of a highway." —DM