Docket

35033

Amex Bank of Canada v. Sylvan Adams, et al.

(Quebec) (Civil) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2015-10-09 Appeal closed
2015-10-08 Certificate of taxation issued to, Mr. Pierre Landry
2015-10-08 Decision on the bill of costs, in the amount of $12,887.60, DeRg
2015-10-08 Submission of the bill of costs, DeRg
2015-10-08 Certificate of taxation issued to, Mr. Pierre Landry
2015-10-08 Decision on the bill of costs, in the amount of $4,378.13, DeRg
2015-10-08 Submission of the bill of costs, DeRg
2015-03-27 Response to the bill of costs, Completed on: 2015-03-27 Amex Bank of Canada
2015-03-19 Bill of costs, Completed on: 2015-03-19, (Printed version filed on 2015-03-19) Président de l'Office de la protection du consommateur
2015-03-18 Bill of costs, Completed on: 2015-03-19, (Printed version filed on 2015-03-19) Attorney General of Quebec
2014-09-22 Formal judgment sent to the registrar of the court of appeal and all parties
2014-09-22 Judgment on appeal and notice of deposit of judgment sent to all parties
2014-09-19 Judgment on the appeal rendered, CJ LeB Abe Ro Cro Mo Wa, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-019842-095, 2012 QCCA 1394, dated August 2, 2012, heard on February 13, 2014, is dismissed with costs. Sections 12, 219 and 272 of the Consumer Protection Act, CQLR, c. P-40.1, are constitutionally applicable and operative.
Dismissed, with costs
2014-02-28 Transcript received, (259 Pages)
2014-02-13 Judgment reserved OR rendered with reasons to follow
2014-02-13 Intervener's condensed book, Submitted in Court (14 copies) - Joint with 35009 Attorney General of Alberta
2014-02-13 Intervener's condensed book, Submitted in Court (14 copies) - Joint with 35009 Attorney General of Canada
2014-02-13 Respondent's condensed book, Submitted in Court (14 copies) Sylvan Adams
2014-02-13 Respondent's condensed book, Submitted in Court (14 copies) - Joint with 35009 Attorney General of Quebec
2014-02-13 Appellant's condensed book, Submitted in Court (14 copies) - Joint with 35009 Amex Bank of Canada
2014-02-13 Hearing of the appeal, 2014-02-13, CJ LeB Abe Ro Cro Mo Wa
Judgment reserved
2014-02-06 Correspondence received from, Bruce W. Johnston, re: time allocation distribution Sylvan Adams
2014-02-05 Order by, (Joint with 35009), Abe, FURTHER TO THE ORDER dated November 14, 2013, granting leave to intervene to the Canadian Bankers Association;
IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeals.
Granted
2014-02-03 Correspondence received from, Robert E. Houston re: counsel sheet Attorney General of Ontario
2014-02-03 Notice of appearance, Robert Normey will be present Attorney General of Alberta
2014-02-03 Correspondence received from, Robert E. Houston, Q.C., re: order for oral argument Attorney General of Ontario
2014-02-03 Correspondence received from, Pierre Salois, re: oral argument Attorney General of Canada
2014-01-31 Correspondence received from, Mahmud Jamal, re: response to letter of Mr. Johnston on oral argument Amex Bank of Canada
2014-01-30 Correspondence received, from Bruce W. Johnston, re: time for oral argument
2014-01-30 Correspondence received from, Ed Van Bemmel by e-mail, re: agrees with proposal of Mahmud Jamal for oral argument at the hearing of the appeals Attorney General of Alberta
2014-01-29 Correspondence received from, Mahmud Jamal by fax, re: proposed time allocation for the three appeals Amex Bank of Canada
2014-01-29 Notice of withdrawal, of the notice of intervention respecting constitutional questions Attorney General of British Columbia
2014-01-27 Intervener's book of authorities, Joint with 35009 (5 volumes), Completed on: 2014-01-27 Attorney General of Canada
2014-01-27 Intervener's factum - AG on constitutional question, Joint with 35009 - English translation also filed, Completed on: 2014-01-27 Attorney General of Canada
2014-01-27 Intervener's book of authorities, Joint with 35009, Completed on: 2014-01-27 Attorney General of Alberta
2014-01-27 Intervener's factum - AG on constitutional question, Completed on: 2014-01-27 Attorney General of Alberta
2014-01-27 Intervener's book of authorities, Joint with 35009, Completed on: 2014-01-27 Canadian Bankers Association
2014-01-27 Intervener's factum, Joint with 35009, Completed on: 2014-01-27 Canadian Bankers Association
2014-01-24 Notice of appearance, Mahmud Jamal, Silvana Conte, Anne-Marie Lizotte, Alexandre Fallon and David Rankin will be present at the hearing. Amex Bank of Canada
2013-12-04 Correspondence received from, 3 reserved seats requested Amex Bank of Canada
2013-12-04 Appeal hearing scheduled, 2014-02-13, Early start 9:00 a.m. (To be heard with 35009 & 35018)
Judgment reserved
2013-11-29 Notice of appearance, Peter Kalichman, Catherine McKenzie and Mathieu Bouchard will be present at the hearing. Sylvan Adams
2013-11-26 Notice of hearing sent to parties
2013-11-15 Appeal perfected for hearing
2013-11-14 Order on motion for leave to intervene, (by ABELLA J.)
2013-11-14 Decision on the motion for leave to intervene, (Joint with 35009), Abe, UPON APPLICATION by the Canadian Bankers Association for leave to intervene in the above appeals;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for leave to intervene of the Canadian Bankers Association is granted and the said intervener shall be entitled to serve and file a single factum not to exceed 10 pages in length in these appeals on or before January 27, 2014.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The intervener is not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention.
Granted
2013-11-14 Submission of motion for leave to intervene, Abe
2013-11-12 Respondent's book of authorities, (Book Form), Vol. 1 and 2, Completed on: 2013-11-26 Sylvan Adams
2013-11-12 Respondent's factum, (Book Form), Completed on: 2013-11-26 Sylvan Adams
2013-11-12 Respondent's book of authorities, (Book Form), Completed on: 2013-11-26 Attorney General of Quebec
2013-11-12 Respondent's factum, (Book Form), Completed on: 2013-11-26 Attorney General of Quebec
2013-11-08 Correspondence received from, (Letter Form), from Marc Migneault dated 2013-11-08 re: will not participate Président de l'Office de la protection du consommateur
2013-11-01 Reply to the motion for leave to intervene, Completed on: 2013-11-01 Canadian Bankers Association
2013-10-29 Response to the motion for leave to intervene, (Letter Form), from Mathieu Bouchard dated 2013-10-29, Completed on: 2013-10-29 Sylvan Adams
2013-10-25 Response to the motion for leave to intervene, (Letter Form), from Joël Simard dated 2013-10-25 (joint with 35009), Completed on: 2013-10-25 Président de l'Office de la protection du consommateur
2013-10-25 Response to the motion for leave to intervene, (Letter Form), from Jean-François Jobin dated 2013-10-25 (joint with 35009), Completed on: 2013-10-25 Attorney General of Quebec
2013-10-25 Response to the motion for leave to intervene, (Letter Form), from Patricia J. Wilson dated 2013-10-25 (joint with 35009), Completed on: 2013-10-25 Amex Bank of Canada
2013-10-15 Motion for leave to intervene, (Book Form), joint with 35009, Completed on: 2013-10-15 Canadian Bankers Association
2013-09-16 Appellant's factum, Completed on: 2013-09-16 Amex Bank of Canada
2013-09-13 Appellant's record, Corrected volume 5 rec'd 2013-10-23 (35 volumes + Table of contents), Completed on: 2013-09-13 Amex Bank of Canada
2013-09-12 Order on motion to extend time, (by the REGISTRAR)
2013-09-12 Decision on motion to extend time, Reg, to serve and file a notice of intervention on consitutional questions to August 26,2013.
Granted
2013-09-12 Submission of motion to extend time, Reg
2013-08-29 Response to motion to extend time, e-mail from Ed Van Bemmel dated Aug. 28/13, Completed on: 2013-08-29 Sylvan Adams
2013-08-28 Motion to extend time, to serve and file a Notice of Intervention to Aug. 26/13, Completed on: 2013-08-28 Attorney General of Alberta
2013-08-26 Notice of intervention respecting a constitutional question Attorney General of Alberta
2013-08-23 Notice of intervention respecting a constitutional question Attorney General of Ontario
2013-08-23 Notice of intervention respecting a constitutional question Attorney General of Canada
2013-07-29 Order on miscellaneous motion, (included in motion record)
2013-07-29 Decision on miscellaneous motion, (joint with 35009-35018), LeB, for an order permitting the filing in electronic form of a joint record as between the parties in 35009 and 35018 and between the parties in 35033 and to reduce the number of printed copies of the joint records. Parties are permitted to file factum(s) of each party and hyperlinked to the electronic Joint Record and Book(s) of Authorities
Granted
2013-07-29 Submission of miscellaneous motion, LeB
2013-07-18 Notice of intervention respecting a constitutional question Attorney General of British Columbia
2013-07-16 Notice of miscellaneous motion, (Book Form), for an order permitting the filing in electronic form of a joint record as between the parties in 35009 and 35018 and between the parties in 35033 and to reduce the number of printed copies of the joint records (joint with 35009-35018), Completed on: 2013-07-16 Amex Bank of Canada
2013-06-25 Notice of constitutional question(s) Amex Bank of Canada
2013-06-24 Order on motion to state a constitutional question, (by THE CHIEF JUSTICE)
2013-06-24 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant for an order stating constitutional questions and extending the time within which the appellant may serve and file its motion to state constitutional questions in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion by the appellant to extend the time to serve and file the motion to state constitutional questions is granted, and the constitutional questions are stated as follows:
1. Are ss. 12, 219, and 272 of the Consumer Protection Act, R.S.Q., c. P-40.1 constitutionally inapplicable in respect of bank-issued credit and charge cards by reason of the doctrine of interjurisdictional immunity?
2. Are ss. 12, 219, and 272 of the Consumer Protection Act, R.S.Q., c. P-40.1 constitutionally inoperative in respect of bank-issued credit and charge cards by reason of the doctrine of federal paramountcy?
Any Attorney General who intervenes pursuant to Rule 61(4) shall pay the appellant and respondents the costs of any additional disbursements they incur as a result of the intervention.
IT IS HEREBY FURTHER ORDERED THAT:
Any Attorney General who intervenes pursuant to Rule 61(4) shall serve and file their factum and book of authorities no later than January 27, 2014.
Granted
2013-06-24 Submission of motion to state a constitutional question, CJ
2013-05-31 Response to the motion to state a constitutional question, (joint with a response to the motion for extension of time), Completed on: 2013-05-31 Attorney General of Canada
2013-05-27 Motion to state a constitutional question, (Book Form), (joint with an extension of time), Completed on: 2013-05-27 Amex Bank of Canada
2013-05-13 Notice of appeal, Completed on: 2013-05-13 Amex Bank of Canada
2013-05-02 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2013-04-29 Correspondence received from, Patricia J. Wilson by fax, re: motion to state constitutional questions will be filed 2 weeks late with a motion for extension of time Amex Bank of Canada
2013-04-12 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2013-04-12 Judgment on leave sent to the parties
2013-04-11 Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-019842-095, 2012 QCCA 1394, dated August 2, 2012, is granted with costs in the cause.
Granted, with costs in the cause
2013-04-11 Decision on motion to extend time to file and /or serve the leave application, see judgment
Granted
2013-02-18 All materials on application for leave submitted to the Judges, LeB Ka Wa
2013-02-18 Submission of motion to extend time to file and/ or serve the leave application, LeB Ka Wa
2012-11-23 Applicant's reply to respondent's argument, Completed on: 2012-11-23 Amex Bank of Canada
2012-11-15 Intervener's memorandum of argument on application for leave, (Letter Form), (from Michel Miller, dated Nov.13/12 by email), Completed on: 2012-11-15 Attorney General of Canada
2012-11-14 Respondent's response on the application for leave to appeal, (Letter Form), (from Joel Simard, dated Nov.14/12, by fax), Completed on: 2012-11-14 Président de l'Office de la protection du consommateur
2012-11-14 Respondent's response on the application for leave to appeal, Completed on: 2012-11-14 Sylvan Adams
2012-11-13 Respondent's response on the application for leave to appeal, (2 volumes), Completed on: 2012-11-13 Attorney General of Quebec
2012-10-15 Letter acknowledging receipt of a complete application for leave to appeal
2012-10-15 Book of authorities, (2 volumes) Amex Bank of Canada
2012-10-15 Motion to extend the time to file and or serve the application for leave to appeal, (included in the application), Completed on: 2012-10-15 Amex Bank of Canada
2012-10-15 Application for leave to appeal, (3 volumes), Completed on: 2012-10-15 Amex Bank of Canada