In Laflamme St-Jean v. Laflamme, 2025 QCCS 4310 (“Laflamme”) the Superior Court of Québec (Gatineau) held that Eric and William exploited their elderly and vulnerable grandfather, and were found liable in resulting damages to his trust and estate.
Background
Louis was married to Gilberte, who passed away in 2016. Together, they had five children; Andre, Suzanne, Michel, Christine and Lise.[1] Louis shared a positive relationship with all his family members but had been estranged from his daughter, Lise since 2007.
After a stroke in 2006, Louis suffered from severe aphasia, which significantly impaired his ability to speak. As a result, he often relied on a notepad to communicate with others.[2]
Concerned about his vulnerability and health, Louis asked his children to install cameras throughout his apartment to monitor his safety. This allowed his family to regularly monitor him.
In 2016, Louis became concerned about the depletion of his assets and created the LaFlamme Trust (the “Trust”). In the same year, Louis executed a Last Will and Testament (the “2016 Will”) naming his children and grandchildren, as beneficiaries. Pursuant to the 2016 Will, Eric and William were each entitled to a 5% share of Louis’ Estate (the “Estate”).[3]
In May 2017, after a 12‑year estrangement, Lise suddenly re‑entered Louis’ life, asserting that Gilberte had brought her to Louis, which she claimed to have seen through her “spiritual visions”.[4] Within a few days of their reconnection, Lise moved into Louis’ apartment and removed the cameras.
On May 29, 2017, Louis executed a new Last Will and Testament (the “2017 Will”) providing Lise with a 20% share of the Estate. He also executed new powers of attorney and appointed Lise as his attorney for personal care. In May of 2017, Louis requested that Michel and Suzanne cease communicating with him.[5]
In October 2017, Louis attempted to withdraw funds from the Trust, however, the trustee denied his request. Thereafter, the trustee reached out to Michel and Suzanne, stating that Louis required their assistance.[6]
Michel and Suzanne stepped in to help Louis, removing him from Lise’s isolation. Afterwards, Louis admitted that his recent financial decisions and the 2017 Will did not reflect his true intentions. In 2018, Louis amended his 2017 Will to include provisions from the 2016 Will, prior to Lise’s influence.
In the fall of 2017, Louis stopped communicating with Lise, and on March 15, 2019, he passed away.
Proceedings
On September 16, 2021, Eric and William commenced an action, alleging their entitlement pursuant to the Trust, amongst other things.
The Estate and the Trust filed a counterclaim, asserting that Eric and William exploited Louis’ vulnerability, and improperly depleted the Trust and the Estate.
The Court was tasked with determining various issues, but mainly, whether Louis was a victim of exploitation by Eric and William.
The Law
The Court cited section 48 of The Canadian Charter of Human Rights and Freedoms, which recognizes the “right of every elderly or disabled person to be protected against all forms of exploitation”.[7]
The Court held that three elements must be considered for a finding of exploitation:
- The vulnerability of the person being exploited;
- The position of power of the person exploiting the vulnerable individual; and
- The exploitation by the latter of the situation thus created.[8]
Vulnerability must be assessed holistically and is not to be confused with incapacity.[9] Factors to be considered include emotional well‑being, isolation, illness, emotional dependence, and health status.[10]
The position of strength is determined by whether the exploiter “occupies a dominant position” of strength, that allows them to exert influence or control over the victim.[11]
The final element involves determining whether the vulnerable individual was taken advantage of and if this had a detrimental impact on their interests, such as finances, real property, or decision-making control.[12]
Furthermore, the court in Laflamme went on to state the following:
[67] Although being old does not in itself constitute a state of dependency or vulnerability, our society pays particular attention to older people. They are more likely to be vulnerable and to become easy targets, especially when they have significant assets.[13]
Analysis
The Court found that Eric and William met all the elements to support a finding of exploitation as is discussed below.
Vulnerability
Louis was considered vulnerable due to his advanced age, health condition, and emotional state following the death of his wife, Gilberte. Despite his vulnerability, Louis retained the legal capacity to consent, highlighting the distinction between vulnerability and incapacity.[14]
Position of Strength
Eric and William, along with Lise, occupied a position of strength over Louis. The imbalance in the relationship allowed them to exploit Louis’ vulnerability, as they became central figures in his life, overshadowing other family members.[15] They supported Lise’s efforts in changing the locks to Louis’ apartment, disabling the cameras, and pressuring Louis to modify his estate planning documents.[16]
Exploitation of Vulnerability
The use of Louis’ vulnerability involved the exploitation of his emotional and financial state to benefit Lise, Eric, and William by altering his estate planning to favour Lise and her sons, despite his previous intentions.
Concluding Remarks
Laflamme highlights the importance of protecting vulnerable individuals from exploitation, particularly in matters involving significant assets and complicated family dynamics.
—
[1] Ibid at para 10
[2] Ibid at para 11
[3] Ibid at para 16
[4] Ibid at para 19
[5] Ibid at para 32
[6] Ibid at para 36
[7] Ibid at para 65
[8] Ibid at para 71
[9] Ibid at para 73
[10] Ibid at para 75
[11] Ibid at para 84
[12] Ibid at para 115
[13] Ibid at para 67
[14] Ibid at para 82
[15] Ibid at para 95
[16] Ibid at para 101
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Written by: Gabriella Banhara
Posted on: February 2, 2026
Categories: Commentary
In Laflamme St-Jean v. Laflamme, 2025 QCCS 4310 (“Laflamme”) the Superior Court of Québec (Gatineau) held that Eric and William exploited their elderly and vulnerable grandfather, and were found liable in resulting damages to his trust and estate.
Background
Louis was married to Gilberte, who passed away in 2016. Together, they had five children; Andre, Suzanne, Michel, Christine and Lise.[1] Louis shared a positive relationship with all his family members but had been estranged from his daughter, Lise since 2007.
After a stroke in 2006, Louis suffered from severe aphasia, which significantly impaired his ability to speak. As a result, he often relied on a notepad to communicate with others.[2]
Concerned about his vulnerability and health, Louis asked his children to install cameras throughout his apartment to monitor his safety. This allowed his family to regularly monitor him.
In 2016, Louis became concerned about the depletion of his assets and created the LaFlamme Trust (the “Trust”). In the same year, Louis executed a Last Will and Testament (the “2016 Will”) naming his children and grandchildren, as beneficiaries. Pursuant to the 2016 Will, Eric and William were each entitled to a 5% share of Louis’ Estate (the “Estate”).[3]
In May 2017, after a 12‑year estrangement, Lise suddenly re‑entered Louis’ life, asserting that Gilberte had brought her to Louis, which she claimed to have seen through her “spiritual visions”.[4] Within a few days of their reconnection, Lise moved into Louis’ apartment and removed the cameras.
On May 29, 2017, Louis executed a new Last Will and Testament (the “2017 Will”) providing Lise with a 20% share of the Estate. He also executed new powers of attorney and appointed Lise as his attorney for personal care. In May of 2017, Louis requested that Michel and Suzanne cease communicating with him.[5]
In October 2017, Louis attempted to withdraw funds from the Trust, however, the trustee denied his request. Thereafter, the trustee reached out to Michel and Suzanne, stating that Louis required their assistance.[6]
Michel and Suzanne stepped in to help Louis, removing him from Lise’s isolation. Afterwards, Louis admitted that his recent financial decisions and the 2017 Will did not reflect his true intentions. In 2018, Louis amended his 2017 Will to include provisions from the 2016 Will, prior to Lise’s influence.
In the fall of 2017, Louis stopped communicating with Lise, and on March 15, 2019, he passed away.
Proceedings
On September 16, 2021, Eric and William commenced an action, alleging their entitlement pursuant to the Trust, amongst other things.
The Estate and the Trust filed a counterclaim, asserting that Eric and William exploited Louis’ vulnerability, and improperly depleted the Trust and the Estate.
The Court was tasked with determining various issues, but mainly, whether Louis was a victim of exploitation by Eric and William.
The Law
The Court cited section 48 of The Canadian Charter of Human Rights and Freedoms, which recognizes the “right of every elderly or disabled person to be protected against all forms of exploitation”.[7]
The Court held that three elements must be considered for a finding of exploitation:
Vulnerability must be assessed holistically and is not to be confused with incapacity.[9] Factors to be considered include emotional well‑being, isolation, illness, emotional dependence, and health status.[10]
The position of strength is determined by whether the exploiter “occupies a dominant position” of strength, that allows them to exert influence or control over the victim.[11]
The final element involves determining whether the vulnerable individual was taken advantage of and if this had a detrimental impact on their interests, such as finances, real property, or decision-making control.[12]
Furthermore, the court in Laflamme went on to state the following:
[67] Although being old does not in itself constitute a state of dependency or vulnerability, our society pays particular attention to older people. They are more likely to be vulnerable and to become easy targets, especially when they have significant assets.[13]
Analysis
The Court found that Eric and William met all the elements to support a finding of exploitation as is discussed below.
Vulnerability
Louis was considered vulnerable due to his advanced age, health condition, and emotional state following the death of his wife, Gilberte. Despite his vulnerability, Louis retained the legal capacity to consent, highlighting the distinction between vulnerability and incapacity.[14]
Position of Strength
Eric and William, along with Lise, occupied a position of strength over Louis. The imbalance in the relationship allowed them to exploit Louis’ vulnerability, as they became central figures in his life, overshadowing other family members.[15] They supported Lise’s efforts in changing the locks to Louis’ apartment, disabling the cameras, and pressuring Louis to modify his estate planning documents.[16]
Exploitation of Vulnerability
The use of Louis’ vulnerability involved the exploitation of his emotional and financial state to benefit Lise, Eric, and William by altering his estate planning to favour Lise and her sons, despite his previous intentions.
Concluding Remarks
Laflamme highlights the importance of protecting vulnerable individuals from exploitation, particularly in matters involving significant assets and complicated family dynamics.
—
[1] Ibid at para 10
[2] Ibid at para 11
[3] Ibid at para 16
[4] Ibid at para 19
[5] Ibid at para 32
[6] Ibid at para 36
[7] Ibid at para 65
[8] Ibid at para 71
[9] Ibid at para 73
[10] Ibid at para 75
[11] Ibid at para 84
[12] Ibid at para 115
[13] Ibid at para 67
[14] Ibid at para 82
[15] Ibid at para 95
[16] Ibid at para 101
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