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28070

Hughes Communications Inc., et al. v. Spar Aerospace Limited, 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)
2002-12-16 Appeal closed
2002-12-06 Written reasons rendered after oral judgment, G Ia Ma Ba Bi Arb LeB
Dismissed, with costs
2002-08-20 Record returned to the Registrar of the Court of Appeal
2002-07-10 Formal judgment sent to the registrar of the court of appeal and all parties
2002-06-26 Transcript received, 38 pages
2002-06-12 Copy of formal judgment being prepared
2002-06-12 Notice of deposit of judgment sent to all parties
2002-06-11 Judgment reserved OR rendered with reasons to follow, (Reasons to follow)
2002-06-11 Judgment on the appeal rendered, G Ia Ma Ba Bi Arb LeB, The appeal is dismissed with costs. Reasons to follow. (REASONS DELIVERED DECEMBER 6, 2002)
Dismissed, with costs
2002-06-11 Hearing of the appeal, 2002-06-11, (V041), G Ia Ma Ba Bi Arb LeB
Judgment rendered
2002-06-11 Acknowledgement and consent for video taping of proceedings
2002-06-10 Appellant's book of authorities, DEUXIEME cahier d'autorités, Completed on: 2002-06-10 Adaptative Broadband Corporation (formerly "Satellite Transmissions Systems Inc.")
2002-06-07 Correspondence received from, Corey A. Villeneuve dated June 7/02 re: order for oral submissions at the hearing Motient Corporation (formerly "American Mobile Satellite Corporation")
2002-06-06 Correspondence received from, Me Jean Bélanger dated June 5/02 to confirm that by order dated Feb. 28/02, the Northern District of California, San Jose Division, has approved the Reorganisation Plan (sent to the Court June 10/02) Adaptative Broadband Corporation (formerly "Satellite Transmissions Systems Inc.")
2002-05-27 Notice of appearance, de Me Jean Bélanger et Me Louis Charette à l'audition de l'appel Adaptative Broadband Corporation (formerly "Satellite Transmissions Systems Inc.")
2002-05-27 Notice of hearing Motient Corporation (formerly "American Mobile Satellite Corporation")
2002-04-29 Correspondence received from, Christian Immer dated April 26/02 to inform the Court that the plan for reorganization of Motient was approved today by the Bankkruptcy Court (sent to the Court on April 29/02) Motient Corporation (formerly "American Mobile Satellite Corporation")
2002-04-29 Supplemental document, copy of the voluntary petition for relief under chapter 11 of the U.S.A. Bankruptcy Code (sent to the Court on April 29/02) Adaptative Broadband Corporation (formerly "Satellite Transmissions Systems Inc.")
2002-04-19 Supplemental document, (notice of change of name "Satellite Transmissions Systems Inc." to "Adaptative Broadband Corporation" (sent to the judges on April 19, 2002) Adaptative Broadband Corporation (formerly "Satellite Transmissions Systems Inc.")
2002-04-17 Correspondence received from, Me Jean Bélanger dated April 16/02 re Adaptive Broadband filed a voluntary petition for relief under chapter 11 of the Bankrupcy Code in U.S. (sent to the Court on April 29/02) Adaptative Broadband Corporation (formerly "Satellite Transmissions Systems Inc.")
2002-03-26 Correspondence received from, J. Woods dated March 25, 2002 re: enclosing "Notice of Chapter 11 Bankruptcy Case" (sent to the judges on April 3, 2002) Motient Corporation (formerly "American Mobile Satellite Corporation")
2002-03-12 Notice of hearing Hughes Communications Inc.
2002-03-08 Appeal hearing scheduled, 2002-06-11
Judgment rendered
2002-02-06 Order on motion to extend time
2002-01-24 Decision on motion to extend time, DeRg, La requête pour obtenir une ordonnance prorogeant le délai pour signifier et produire le mémoire, le dossier et le cahier d'autorities de l'intimée Spar Aerospace Ltd. au 24 décembre 2001 est accordée.
Granted
2002-01-24 Submission of motion to extend time, DeRg
2002-01-11 Response to motion to extend time, (consentement de toutes les parties inclus), Completed on: 2002-01-11 Hughes Communications Inc.
2002-01-11 Motion to extend time, pour produire le mémoire, dossier et autorités hors délai, Completed on: 2002-01-11 Spar Aerospace Limited
2001-12-24 Respondent's record, (extension of time requested), Completed on: 2001-12-24 Spar Aerospace Limited
2001-12-24 Respondent's book of authorities, (extension of time requested), Completed on: 2001-12-24 Spar Aerospace Limited
2001-12-24 Respondent's factum, (extension of time requested), Completed on: 2002-01-15 Spar Aerospace Limited
2001-12-05 Appeal perfected for hearing, Session beginning on 2002-04-15
2001-12-05 Appeal removed from the list, Session beginning on 2002-01-14
2001-12-04 Order on motion to extend time, (by the Court)
2001-12-04 Decision on motion to adjourn the hearing of the appeal, CJ, The motion on behalf of the appellant Hughes Communications Inc., for an order adjourning the hearing of these appeals to the Spring 2002 session is granted.
Granted, no order as to costs
2001-12-04 Submission of motion to adjourn the hearing of the appeal, CJ
2001-11-29 Response to the motion to adjourn the hearing of the appeal, (Letter Form), (fax), Completed on: 2001-11-29 Viacom Inc. (formerly "Westinghouse Electric Corporation")
2001-11-28 Response to the motion to adjourn the hearing of the appeal, (Letter Form), de Noel & Ass. en date du 27 novembre 2001 (télécopieur), Completed on: 2001-11-28 Adaptative Broadband Corporation (formerly "Satellite Transmissions Systems Inc.")
2001-11-27 Response to the motion to adjourn the hearing of the appeal, Completed on: 2001-11-27 Spar Aerospace Limited
2001-11-21 Motion to adjourn the hearing of the appeal, (traversed to Spring 2002 session) - 1 copy, Completed on: 2001-11-21 Hughes Communications Inc.
2001-10-29 Correspondence received from, (by fax) Osler; re: Mr. Jamse A. Woods out of country from March 8 to March 29 for scheduling purposes Motient Corporation (formerly "American Mobile Satellite Corporation")
2001-10-09 Order on motion to state a constitutional question
2001-10-09 Decision on the motion to state a constitutional question, CJ, by the appellants
Dismissed, no order as to costs
2001-09-24 Appellant's factum, (proof of service received Oct. 2, 2001), Completed on: 2001-10-16 Viacom Inc. (formerly "Westinghouse Electric Corporation")
2001-09-19 Appellant's book of authorities, Completed on: 2001-09-19 Adaptative Broadband Corporation (formerly "Satellite Transmissions Systems Inc.")
2001-09-17 Appellant's factum, 25 copies, Completed on: 2001-09-19 Adaptative Broadband Corporation (formerly "Satellite Transmissions Systems Inc.")
2001-09-10 Appellant's book of authorities, Completed on: 2001-09-10 Motient Corporation (formerly "American Mobile Satellite Corporation")
2001-09-10 Appellant's factum, Completed on: 2001-09-10 Motient Corporation (formerly "American Mobile Satellite Corporation")
2001-08-23 Appellant's record, Vol. I & II (joint record of the appellants), Completed on: 2001-08-30 Hughes Communications Inc.
2001-08-23 Appellant's book of authorities, Completed on: 2001-08-30 Hughes Communications Inc.
2001-08-23 Appellant's factum, Completed on: 2001-08-30 Hughes Communications Inc.
2001-08-17 Submission of motion to state a constitutional question, CJ
2001-07-16 Response to the motion to state a constitutional question, (Letter Form), J. Bélanger en date du 16 juillet 2001 (télécopieur)(original reçu le 19 juillet 2001), Completed on: 2001-07-16 Adaptative Broadband Corporation (formerly "Satellite Transmissions Systems Inc.")
2001-06-25 Response to the motion to state a constitutional question, (2 copies), Completed on: 2001-06-25 Motient Corporation (formerly "American Mobile Satellite Corporation")
2001-06-22 Response to the motion to state a constitutional question, (2 copies), Completed on: 2001-06-22 Spar Aerospace Limited
2001-06-21 General proceeding, Affidavit in Continuance of Suit re: Westinghouse Electric Corporation's name changed Spar Aerospace Limited
2001-06-18 Motion to state a constitutional question, Completed on: 2001-06-19 Viacom Inc. (formerly "Westinghouse Electric Corporation")
2001-06-13 Motion to state a constitutional question, Completed on: 2001-06-13 Hughes Communications Inc.
2001-05-31 Letter acknowledging receipt of notice of appeal
2001-05-25 Notice of deposit for security Viacom Inc. (formerly "Westinghouse Electric Corporation")
2001-05-23 Appeal court record, joint with Trial Court Record (1 box)
2001-05-22 Notice of appeal, (fax copy)(original received on May 29, 2001), Completed on: 2001-05-22 Viacom Inc. (formerly "Westinghouse Electric Corporation")
2001-05-17 Notice of deposit for security Adaptative Broadband Corporation (formerly "Satellite Transmissions Systems Inc.")
2001-05-17 Letter acknowledging receipt of notice of appeal
2001-05-16 Notice of appeal, (sec. deposit no. 2574), Completed on: 2001-05-17 Adaptative Broadband Corporation (formerly "Satellite Transmissions Systems Inc.")
2001-05-16 Letter acknowledging receipt of notice of appeal
2001-05-14 Notice of deposit for security, (service received on May 16, 2001) Motient Corporation (formerly "American Mobile Satellite Corporation")
2001-05-11 Notice of appeal, Completed on: 2001-05-11 Motient Corporation (formerly "American Mobile Satellite Corporation")
2001-05-08 Letter acknowledging receipt of notice of appeal
2001-05-01 Notice of deposit for security Hughes Communications Inc.
2001-05-01 Order granting leave to appeal
2001-04-30 Notice of appeal, Completed on: 2001-04-30 Hughes Communications Inc.
2001-04-20 Notice of deposit of judgment issued to all parties
2001-04-19 Judgment of the Court on the application for leave to appeal, The applications for leave to appeal are granted
Granted, no order as to costs
2001-02-19 All materials on application for leave submitted to the Judges, L'HD Arb LeB
2000-10-19 Supplemental document, (notice of change of name - American Mobile Satellite Corporation merged with AMSC Merger Sub Inc. under the name of Motient Corporation) Motient Corporation (formerly "American Mobile Satellite Corporation")
2000-09-29 Applicant's reply to respondent's argument, (fourth application), Completed on: 2000-09-29 Adaptative Broadband Corporation (formerly "Satellite Transmissions Systems Inc.")
2000-09-22 Respondent's response on the application for leave to appeal, (responding to all applications), Completed on: 2000-09-22 Spar Aerospace Limited
2000-09-12 Letter acknowledging receipt of a complete application for leave to appeal, (4e demande)
2000-09-12 Letter acknowledging receipt of a complete application for leave to appeal, (third application)
2000-09-12 Letter acknowledging receipt of a complete application for leave to appeal, (second application)
2000-09-12 Letter acknowledging receipt of a complete application for leave to appeal, (first application)
2000-08-30 Correspondence received from, V. Andrighetti dated Aug. 29, 2000 re: errors contained in the leave book; also, the name of American Mobile Satellite Corporation has been changed for Motient Corporation Motient Corporation (formerly "American Mobile Satellite Corporation")
2000-08-23 Application for leave to appeal, (fourth application), Completed on: 2000-08-23 Adaptative Broadband Corporation (formerly "Satellite Transmissions Systems Inc.")
2000-08-23 Application for leave to appeal, (third application), Completed on: 2000-08-23 Motient Corporation (formerly "American Mobile Satellite Corporation")
2000-08-21 Application for leave to appeal, (second application), Completed on: 2000-08-21 Viacom Inc. (formerly "Westinghouse Electric Corporation")
2000-08-16 Application for leave to appeal, (vol. 1 and 2)(first application), Completed on: 2000-08-16 Hughes Communications Inc.

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
Hughes Communications Inc. Appellant Active

v.

Main parties - Respondents
Name Role Status
Spar Aerospace Limited Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
Viacom Inc. (formerly "Westinghouse Electric Corporation") Appellant Active

v.

Sub parties (1) - Respondents
Name Role Status
Spar Aerospace Limited Respondent Active

And Between

Sub parties (2) - Appellants
Name Role Status
Motient Corporation (formerly "American Mobile Satellite Corporation") Appellant Active

v.

Sub parties (2) - Respondents
Name Role Status
Spar Aerospace Limited Respondent Active

And Between

Sub parties (3) - Appellants
Name Role Status
Adaptative Broadband Corporation (formerly "Satellite Transmissions Systems Inc.") Appellant Active

v.

Sub parties (3) - Respondents
Name Role Status
Spar Aerospace Limited Respondent Active

Counsel

Party: Hughes Communications Inc.

Counsel
Names
Colin K. Irving
Douglas C. Mitchell
Catherine McKenzie
Contact information
Irving, Mitchell & Associates
200 - 4119 Sherbrooke Street West
Montréal, Quebec
H3Z 1A7
Telephone: (514) 935-4224
FAX: (514) 935-2999
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Viacom Inc. (formerly "Westinghouse Electric Corporation")

Counsel
Name
Joshua C. Borenstein
Contact information
Spiegel Sohmer
1203 - 5 Place Ville-Marie
Montréal, Quebec
H3B 2G2
Telephone: (514) 875-2100
FAX: (514) 875-8237
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Motient Corporation (formerly "American Mobile Satellite Corporation")

Counsel
Names
James A. Woods
Christian Immer
Vikki Andrighetti
Contact information
Woods & Partners
1100 - 2000 McGill College Avenue
Montreal, Quebec
H3A 3H3
Telephone: (514) 982-4503
FAX: (514) 284-2046
Email: jwoods@woods.qc.ca
Agent
Name
Patricia J. Wilson
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com

Party: Adaptative Broadband Corporation (formerly "Satellite Transmissions Systems Inc.")

Counsel
Names
Jean Bélanger
Louis Charette
Contact information
Lavery Montreal
4000 - 1 Place Ville Marie
Montréal, Quebec
H3B 4M4
Telephone: (514) 871-1522
FAX: (514) 871-8977
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: Spar Aerospace Limited

Counsel
Names
Marc-André Blanchard
Jack Greenstein
Véronique Mariani
Contact information
Gowling WLG (Canada) LLP
1 Place Ville Marie, 37e étage
Montréal, Quebec
H3B 3P4
Telephone: (514) 392-9517
FAX: (514) 878-1450
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

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

October 4, 1999
Superior Court of Quebec

500-05-041421-981

Appellant's motions for declinatory exception and forum non conveniens and for dismissal of the action dismissed.

May 24, 2000
Court of Appeal of Quebec (Montréal)

500-09-008740-995, 500-09-008745-994, 500-09-008768-996, 500-09-008784-993

Appeals 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

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