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21177

National Bank of Canada v. Atomic Slipper Co. Ltd., et al.

(Quebec) (Civil) (By Leave)

Docket

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

List of proceedings
Date Proceeding Filed By
(if applicable)
1994-11-02 Correspondence (sent by the Court) to, from A. Roland to G. Tardi: confirming that we have received his press release (joint with 21190)
1994-11-01 General proceeding, 1 copy of 3 vol. of PRESS RELEASE (JOINT WITH 21190) National Bank of Canada
1994-07-11 Appeal closed
1993-11-04 Correspondence (sent by the Court) to, sent to Gabriel Tardi (Town of Mount-Royal, QC) re: receipt of document entitled "mise en demeure"
1993-04-21 Correspondence (sent by the Court) to, from B. Kincaid to G. Tardi (Town of Mount-Royal, QC) re: file is closed and no further documents will be accepted for filing.
1993-03-25 Correspondence (sent by the Court) to, from B. Kincaid to G. Tardi (Town of Mount-Royal, QC) re: documents being returned herewith
1993-02-26 Correspondence (sent by the Court) to, Gabriel Tardi (Town of Mount-Royal, QC) re: copy of formal order of the Court and copy of the dockets in 21177, 21190, 22515.
1993-02-18 Copy of formal judgment being prepared, McCarthy, Tétrault (Ottawa, ON)
1993-02-18 Copy of formal judgment being prepared, Ogilvy, Renault (Ottawa, ON)
1993-02-18 Formal judgment sent to the registrar of the court of appeal and all parties, Quebec (Montreal)
1993-02-18 Copy of formal judgment being prepared, Arthur Roy & Mary Roy (Ottawa, ON)
1993-02-12 Correspondence (sent by the Court) to, from Registrar adressed to Gabriel Tardi; re: have received and reviewed his notice of motion to quash judgments
1993-02-12 Correspondence (sent by the Court) to, from Registrar addressed to Gabriel Tardi; re: that L'HD, So, Co, Mcl, Maj did receive his letters of Feb. 5/93 with encl.
1993-02-12 Correspondence (sent by the Court) to, from Registrar sent to G. Tardi; re: confirm receipt of motion to quash
1993-02-12 Correspondence (sent by the Court) to, from Registrar sent to G. Tardi; re: confirm receipt of his letter of Feb. 5/93 with encl.
1993-02-11 Correspondence (sent by the Court) to, from Registrar sent to Leduc, LeBel; re: acknowledge receipt of letter of Feb. 4/93
1993-02-11 Correspondence (sent by the Court) to, from Leduc, LeBel; re: material filed on behalf of Gabriel Tardi
1993-02-11 Correspondence (sent by the Court) to, from Registrar addressed to Leduc, LeBel; re: acknowledge receipt of Feb. 4/93 letter, will advise of any procedure that would require their intervention
1993-02-08 General proceeding, Notice to order a new trial, with service Atomic Slipper Co. Ltd.
1993-02-08 General proceeding, notice of motion to quash judgments, with service Atomic Slipper Co. Ltd.
1993-01-21 Decision on the motion for a re-hearing of the appeal
1992-12-15 All material on motion for a re-hearing of the appeal submitted to Justices, (not a hearing - written submissions only)
1992-12-09 Correspondence (sent by the Court) to, of Barb Kincaid to Mr. Tardi re impeachment of SCC Judges
1992-12-04 Correspondence (sent by the Court) to, sent to Mr. Gabriel Tardi "BY FAX" (Mount-Royal, Q.C.) Re: matters for a new trial which you wish to be heard December 7, 92. (c.c. Mr. & Mrs A. Roy, Maurice Lebel, McCarthy Tétrault)
1992-12-01 General proceeding, 5 copies of MEMOIRE SUR LA DEMANDE D'UN NOUVEAU PROCES (joint with 21190), with service National Bank of Canada
1992-12-01 General proceeding, to note 2 copies of Motion of Notice TO ORDER A NEW TRIAL and 2 copies of SUPPORTING MATERIAL (joint with 21190), with service Atomic Slipper Co. Ltd.
1992-11-23 General proceeding, to note a copy of Press Release dated Nov. 18, 1992 for impeachment of SCC Judges (joint 21190) Atomic Slipper Co. Ltd.
1992-11-10 Correspondence (sent by the Court) to, sent to Mr. Gabriel Tardi (Mount-Royale,QC) Re: confirming notice of motion to order new trial. Regret to advise that appeals cannot be re-opened, once dismissed. Returning documents to you. (c.c. Maurice Lebel, Michel Deschamps)
1991-11-15 Service, of transcripts for impeachment
1991-11-01 Correspondence received from, from G. Tardi; re: impeachment vols. B-1 to B-4, E-1) Atomic Slipper Co. Ltd.
1991-10-31 General proceeding, for impeachment of judges (7 books) addressed to the A.G. of Canada (joint with 21190) Atomic Slipper Co. Ltd.
1991-09-03 Record returned to the Registrar of the Court of Appeal, (Montréal,QC)
1991-08-09 Formal judgment sent to the registrar of the court of appeal and all parties, (Mtl,QC)
1991-08-09 Copy of formal judgment being prepared, McCarthy, Tétrault (Ottawa,ON)
1991-08-09 Copy of formal judgment being prepared, Ogilvy, Renault (Ottawa,ON)
1991-08-09 Copy of formal judgment being prepared, Le Reg. de la Div. d'Enreg. de Mtl (Mtl,QC)
1991-08-09 Copy of formal judgment being prepared, Arthur Roy & Mary Roy (Ottawa,ON)
1991-07-18 Decision on the motion for a re-hearing of the appeal, (Mtn. dismissed with costs.)
1991-07-10 General proceeding, 10 copies of reply on re-hearing, with service Atomic Slipper Co. Ltd.
1991-07-09 Correspondence (sent by the Court) to, from Ogilvy, Renault; re: re-hearing
1991-07-02 Response to the motion for a re-hearing of the appeal, 10copies (joint with 21190), with service National Bank of Canada
1991-06-21 General proceeding, Court of appeal exhibits; 2 boxes Atomic Slipper Co. Ltd.
1991-06-21 Service, of notice of motion for re-hearing of the appeal (joint with 21190)
1991-06-20 All material on motion for a re-hearing of the appeal submitted to Justices, (Not an oral hearing - Mtn. sent up for adjud.)
1991-06-17 Motion for a re-hearing of the appeal, 10 copies (joint with 21190) Atomic Slipper Co. Ltd.
1991-05-23 Copy of formal judgment being prepared, McCarthy, Tétrault (Ottawa,ON)
1991-05-23 Copy of formal judgment being prepared, Ogilvy, Renault (Ottawa,ON)
1991-05-23 Copy of formal judgment being prepared, Le Registrateur de la Division d'Enregistrement de Montréal (Mtl,Qc)
1991-05-23 Copy of formal judgment being prepared, Arthur Roy & Mary Roy (Ottawa,ON)
1991-05-23 Formal judgment sent to the registrar of the court of appeal and all parties, (Québec,QC)
1991-05-16 Notice of deposit of judgment sent to all parties, Arthur Roy & Mary Roy (Ottawa,ON)
1991-05-16 Notice of deposit of judgment sent to all parties, Le Registrateur de la division d'enregistrement de Montréal (Mtl,QC)
1991-05-16 Notice of deposit of judgment sent to all parties, Ogilvy, Renault (Ottawa,ON)
1991-05-16 Notice of deposit of judgment sent to all parties, McCarthy, Tétrault (Ottawa,ON)
1991-05-16 Judgment on the appeal rendered, CJ LaF G St Ia, The main appeal is allowed, the judgment rendered by the Court of Appeal on July 5, 1988 (as corrected by a judgment of October 21, 1988) is set aside and the judgment of the Superior Court is restored in its entirety with effect as to surrender as of this date. The cross-appeal is dismissed. The whole with costs against Tardi.
Allowed, no order as to costs
1991-02-11 General proceeding, transcripts received and distributed to the justices (109 pages)
1991-01-28 Hearing of the appeal, 1991-01-28, CJ LaF G St Ia
Decision reserved
1991-01-18 Book of authorities, 10 copies, with service National Bank of Canada
1991-01-15 Book of authorities, 10 copies Atomic Slipper Co. Ltd.
1991-01-15 Respondent's factum, 21 copies, with service Atomic Slipper Co. Ltd.
1991-01-14 Appeal hearing scheduled, 1991-01-28
Decision reserved
1990-12-05 Notice of hearing, With service National Bank of Canada
1990-11-29 Appeal perfected for hearing, Session beginning on 1991-01-21
1990-11-29 Appellant's factum, 22 copies, with service National Bank of Canada
1990-11-26 Appeal court record, joint with 21190
1990-11-26 Certified casebook, vols. 1 and 2 (joint with 21190) National Bank of Canada
1990-11-19 Case on appeal, 21 copies, vols 1 and 2 (joint with 21190), with service National Bank of Canada
1990-03-29 Book of authorities, 10 copies Canadian Bankers' Association
1990-03-29 Intervener's factum, 21 copies, with service Canadian Bankers' Association
1989-12-06 Order on motion for leave to intervene
1989-08-10 Decision on the motion for leave to intervene, L'HD, with extension of time (Leave to intervene and to file a factum is granted. Counsel is always at liberty to apply at the hearing of the appeal to be heard orally. The intervenor shall pay any costs incurred by the respondent Tardi as a result of the interventions.
Granted, no order as to costs
1989-08-10 Hearing of motion for leave to intervene, 1989-08-10, L'HD
1989-08-10 Submission of motion for leave to intervene, 1989-08-10, L'HD
1989-08-09 Motion for leave to intervene, with extension of time (1 copy), with service Canadian Bankers' Association
1989-08-09 Hearing of motion for leave to intervene, 1989-08-09, with extension of time
Decision reserved
1989-08-09 Submission of motion for leave to intervene, 1989-08-09, with extension of time
Decision reserved
1989-07-18 Affidavit, with extension of time, 2 copies Canadian Bankers' Association
1989-07-18 Motion for leave to intervene, with extension of time, 2 copies Canadian Bankers' Association
1989-03-09 Service, of Pierre Malo et D. Dagenais, with service
1989-03-09 Notice of deposit of security, With service
1989-02-24 $500 security deposit paid, receipt # 2064 National Bank of Canada
1989-02-24 Service, of Phillipe Bordua
1989-02-24 Notice of appeal, With service National Bank of Canada
1989-02-10 Close file on Leave
1989-02-10 Notice of deposit of judgment issued to all parties, Gabriel Tardi (Ville Mont-Royal,Qc)
1989-02-10 Notice of deposit of judgment issued to all parties, Maurice LeBel (Montréal,Qc)
1989-02-02 Judgment of the Court on the application for leave to appeal, La LaF L'HD, The application for leave to appeal is granted, costs in the cause.
Granted, with costs in the cause
1989-02-02 Hearing of the application for leave to appeal, 1989-02-02, La LaF L'HD
1989-02-02 All materials on application for leave submitted to the Judges, 1989-02-02, La LaF L'HD
1988-12-05 Correspondence received from, dated Dec 01/88 from Leduc, LeBel regarding change of address
1988-12-05 All materials on application for leave submitted to the Judges, La LaF L'HD
1988-10-27 $30.00 filing fee, receipt # 13029 National Bank of Canada
1988-10-27 Application for leave to appeal, 6 copies (one with service), with service, Completed on: 1988-10-27 National Bank of Canada

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

Main parties - Appellants
Name Role Status
National Bank of Canada Applicant Active

v.

Main parties - Respondents
Name Role Status
Atomic Slipper Co. Ltd. Respondent Active
Tardi, Gabriel Respondent Active

Other parties

Other parties
Name Role Status
Canadian Bankers' Association Intervener Active
Registrar for the Registration Division of Montréal Other Active

Counsel

Party: National Bank of Canada

Counsel
Name
Maurice LeBel
Contact information
LeBel & Associés
1130 RUE SHERBROOKE O
MONTRÉAL, Quebec
H3A 2M8
Telephone: (514) 849-0545
Agent
Name
Michel Deschamps
Contact information
McCarthy, Tétrault
1400 - 40 ELGIN ST
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813

Party: Atomic Slipper Co. Ltd.

Agent
Name
Arthur Roy
Contact information
247 ROGER RD
OTTAWA, Ontario
K1H 5V5
Telephone: (613) 523-8108

Party: Tardi, Gabriel

Agent
Name
Arthur Roy
Contact information
247 ROGER RD
OTTAWA, Ontario
K1H 5V5
Telephone: (613) 523-8108

Party: Canadian Bankers' Association

Counsel
Name
P. Wilbrod Gauthier, Q.C.
Contact information
Ogilvy Renault
1100 - 1981 AV McGILL COLLEGE
MONTRÉAL, Quebec
H3A 3C1
Telephone: (514) 847-4747
FAX: (514) 286-5474
Agent
Name
Brian C. Elkin
Contact information
Ogilvy, Renault
1600 - 45 O'Connor St
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459

Party: Registrar for the Registration Division of Montréal

Counsel
Name
Carole McMurray
Contact information
Régistrateur de la Division d'Enregistrement de Montréal
2.175 - 1 RUE NOTRE-DAME E
MONTRÉAL, Quebec
H2Y 1B6
Telephone: (514) 393-2055

Summary

Keywords

None.

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.

None.

Lower court rulings

July 16, 1984
Superior Court of Quebec

500-05-016827-790

Claim allowed, counterclaim dismissed

July 5, 1988
Court of Appeal of Quebec (Montréal)

500-09-001065-846

Dismiss the cross-demand without costs

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

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

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

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Webcasts

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Date modified: 2025-05-13