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21716

City of Laval v. Henry Avrith, 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)
1994-07-13 Appeal closed
1992-02-24 Certificate of taxation issued to, Kravitz, Kravitz
1991-12-30 Late taxation on the bill of costs, taxed at $4,189.63, avec signification
1991-11-25 Certificate of taxation issued to, Sklar & Pitts
1991-11-25 Fee on taxation $30.00, Rec.#23627 Philip Avrith
1991-11-25 Fee on taxation $30, ****************ENTERED IN ERROR****************** Philip Avrith
1991-11-19 Record returned to the Registrar of the Court of Appeal, (Montréal,QC)
1991-11-19 Approved order for payment out
1991-11-13 Decision on the bill of costs, at $1,641.58
1991-10-29 General proceeding, transcripts received (24 pages)
1991-10-22 Copy of formal judgment being prepared, Noël, Berthiaume (Hull,QC)
1991-10-22 Copy of formal judgment being prepared, Kravitz & Kravitz (Mtl,Qc)
1991-10-22 Formal judgment sent to the registrar of the court of appeal and all parties, (Montréal,QC)
1991-10-15 Service, of joint authorities
1991-10-10 Judgment on the appeal rendered, CJ LaF L'HD G Co, It will not be necessary to hear from you. In view of the fact that the respondents, through the fault of the appellant, were misled regarding the existence and the nature of their rights, as determined by the Superior Court and the Court of Appeal and for the reasons handed down by this Court in Ion Oznaga v. La Société d'exploitation des loteries et courses du Québec, [1981] 2 S.C.R. 113, City of Montreal v. Donalda Vaillancourt, [1977] 2 S.C.R. 849, and Réserves du Nord (1973) Ltée v. Hôtel Pilma sur le Lac Inc., et Paul Bertrand, [1984] C.A. 500, the appeal is dismissed with costs.
Dismissed, with costs
1991-10-10 Hearing of the appeal, 1991-10-10, CJ LaF L'HD G Co
1991-10-09 Book of authorities, 10 copies of vols. 1 to 3 (joint) City of Laval
1991-10-01 Service, of factum
1991-09-25 Respondent's factum, 24 copies Henry Avrith
1991-09-19 Appeal hearing scheduled, 1991-10-10
1991-06-18 Service, of notice of hearing
1991-06-11 Notice of hearing, 2 copies City of Laval
1991-06-11 Appeal perfected for hearing, Session beginning on 1991-10-01
1991-06-11 Book of authorities, 10 copies of vols. 1 and 2 City of Laval
1991-06-11 Appellant's factum, 21 copies, avec signification City of Laval
1990-11-19 Appeal court record, (1 paded envelope)
1990-11-19 Certified casebook, 1 copy, avec signification City of Laval
1990-11-13 Case on appeal, 21 copies City of Laval
1990-07-06 General proceeding, Declaration in intervention in the Superior Court Corbu Holdings Limitée
1990-06-27 Notice of deposit of security, 2 copies
1990-06-27 Notice of appeal, 2 copies, avec signification City of Laval
1990-06-27 $500 security deposit paid, direction #2149 City of Laval
1990-06-12 Close file on Leave
1990-06-12 Notice of deposit of judgment issued to all parties, Kravitz & Kravitz (Mtl,QC)
1990-06-12 Notice of deposit of judgment issued to all parties, Noël, Berthiaume (Hull,QC)
1990-06-07 Judgment of the Court on the application for leave to appeal, La LaF L'HD, The application for leave to appeal is granted.
Granted, no order as to costs
1990-05-22 Hearing of the application for leave to appeal, 1990-05-22, La LaF L'HD
Decision reserved
1990-05-22 All materials on application for leave submitted to the Judges, 1990-05-22, La LaF L'HD
Decision reserved
1990-05-18 Correspondence received from, envoyée à Noel, Berthiaume, re: audition orale le 22 mai 1990 à 9h30
1990-05-15 Correspondence received from, from Barry Landy, re: mise-en-cause or Intervener Corbu Holdings Limitée
1990-03-28 Correspondence received from, sent to Noel, Décary (Hull, QC) re: oral hearing
1990-03-28 Correspondence received from, sent to Spiegel & Sohmer (Mtl., QC) re: oral hearing
1990-03-28 Correspondence received from, sent to Kravitz & Kravitz (Mtl., QC) re: oral hearing
1990-03-22 Judgment of the Court on the application for leave to appeal, La LaF L'HD, An oral hearing is ordered to decide whether this application for leave to appeal should be granted.
Oral hearing ordered, no order as to costs
1990-03-22 Hearing of the application for leave to appeal, 1990-03-22, La LaF L'HD
1990-03-22 All materials on application for leave submitted to the Judges, 1990-03-22, La LaF L'HD
1990-02-05 All materials on application for leave submitted to the Judges, La LaF L'HD
1990-01-11 General proceeding, 5 copies of Applicant's reply to the Respondents' argument, avec signification City of Laval
1990-01-04 Service, of Respondent's argument
1989-12-22 Respondent's response on the application for leave to appeal, 6 copies, Henry Avrith
1989-12-15 General proceeding, 5 copies of the authority Ville de Laval c. Lapointe, et al City of Laval
1989-12-11 $30.00 filing fee, receipt #16373 City of Laval
1989-12-11 Application for leave to appeal, 5 copies of vols. 1 and 2 (to be heard with 21715 and 21729), avec signification, Completed on: 1989-12-11 City of Laval

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
City of Laval Applicant Active

v.

Main parties - Respondents
Name Role Status
Avrith, Henry Respondent Active
Avrith, Philip Respondent Active

Counsel

Party: City of Laval

Counsel
Names
Jean Allaire, c.r.
André Guérin
A. Guérin
Contact information
Allaire & Associés
1333 BOUL CHOMEDEY
CP 422 SUCC ST-MARTIN
LAVAL, Quebec
H7V 3Z4
Telephone: (514) 978-5866
FAX: (514) 978-5871
Agent
Name
Sylvie Roussel
Contact information
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

Party: Avrith, Henry

Counsel
Name
Daniel St-Pierre
Contact information
Kravitz & Kravitz
2520 - 630 BOUL RENÉ-LÉVESQUE O
MONTRÉAL, Quebec
H3B 1S6
Telephone: (514) 861-1600
FAX: (514) 861-1602

Party: Avrith, Philip

Counsel
Name
Martin J. Sklar
Contact information
Sklar, Pitts & Bierbrier
305 - 10 RUE ST-JACQUES
MONTRÉAL, Quebec
H2Y 1L3
Telephone: (514) 849-1117
FAX: (514) 844-7397

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

March 29, 1989
Superior Court of Quebec

500-34-000093-862

Requête accordée

October 13, 1989
Court of Appeal of Quebec (Montréal)

500-09-000598-896

Pourvoi rejeté

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

Not available

Webcasts

Not available.

Date modified: 2025-05-13