Her Majesty the Queen v. Bank of Montreal, [1995] 2 CTC 244, 95 DTC 5490 -- text
Desjardins J.A. (Chevalier D.J. concurring):-The respondent (the "Bank”) sued the appellant (the "Crown”) under article 1140 of the Civil Code of Lower Canada, (the "C.C.L.C.") for recovery of an amount of $293,869.58 paid to the Department of