Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
40083
Marcel Chartier v. Serge Bibeau
(Manitoba) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-12-14 | Close file on Leave | |
| 2022-12-14 | Correspondence (sent by the Court) to, all parties, Re: Certificate of taxation | |
| 2022-12-13 | Certificate of taxation issued to, Stephan J. Thliveris | |
| 2022-12-13 | Decision on the bill of costs, in the amount of $1,103.35, Reg | |
| 2022-12-13 | Submission of the bill of costs, Reg | |
| 2022-09-22 | Bill of costs, Completed on: 2022-09-22 | Serge Bibeau |
| 2022-09-01 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-09-01 | Judgment on leave sent to the parties | |
| 2022-09-01 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Manitoba, Number AI21-30-09623, 2022 MBCA 5, dated January 17, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2022-07-25 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-05-05 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-05-05) | Serge Bibeau |
| 2022-05-05 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-06-06, (Printed version filed on 2022-05-05) | Serge Bibeau |
| 2022-04-11 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-04-11 | |
| 2022-03-17 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-03-24) | Marcel Chartier |
| 2022-03-17 | Application for leave to appeal, (Book Form), Completed on: 2022-03-17, (Printed version due on 2022-03-24) | Marcel Chartier |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Chartier, Marcel | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Bibeau, Serge | Respondent | Active |
Counsel
Party: Chartier, Marcel
Counsel
Sarah McEachern
1000 - 330 St. Mary Avenue
Winnipeg, Manitoba
R3C 3Z5
Telephone: (204) 944-3264
FAX: (204) 947-2593
Email: rtapper@tappercuddy.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Bibeau, Serge
Counsel
Scott W. Cannon
1430-363 Broadway Avenue
Winnipeg, Manitoba
E3C 3N9
Telephone: (204) 289-1523
Email: sjt@htlaw.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Summary
Keywords
Damages — General and aggravated damages — Jury award — Quantum — Defamation — What is the role of a Canadian jury in the assessment of damages for a civil claim in defamation? — How should courts evaluate jury awards in defamation cases?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicant, a commercial real estate broker and developer, and the respondent were friends and had numerous real estate and investment dealings over many years. One day, the respondent told two of the applicant’s business acquaintances that the applicant stole from him and was a thief. The two acquaintances continued to do business with the applicant, and the applicant admitted that he suffered no actual loss as a result of the respondent’s comments. A civil jury awarded the applicant general damages in the amount of $500,000 for defamation. On appeal at the Court of Appeal of Manitoba, the respondent did not dispute the jury’s decision that he made the defamatory comments, but argued that the quantum of damages was unreasonable. The applicant cross-appealed the jury’s failure to award punitive damages. The Court of Appeal unanimously allowed the respondent’s appeal, replaced the jury’s award of $500,000 with an award of $50,000 for general and aggravated damages, and dismissed the applicant’s cross-appeal.
Lower court rulings
Court of Queen’s Bench of Manitoba
CI 18-01-17399
General damages of $500,000 for defamation awarded to applicant by civil jury.
Court of Appeal of Manitoba
2022 MBCA 5, AI21-30-09623
Appeal allowed. Jury’s award of $500,000 replaced with award of $50,000 for general and aggravated damages. Cross-appeal dismissed.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available