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.
29523
Vera Ortner Mandel v. Banque Nationale de Paris (Canada)
(Quebec) (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) |
|---|---|---|
| 2005-06-17 | Payment out cheque issued, ($519.64) | |
| 2005-06-01 | Approved order for payment out, sent to Finance June 2, 2005. | |
| 2004-09-23 | Record returned to the Registrar of the Court of Appeal | |
| 2004-07-22 | Appeal closed | |
| 2004-06-11 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2004-06-10 |
Judgment on the appeal rendered, CJ Ba Bi Arb LeB De F, The appeal from the judgment of the Court of Appeal of Quebec (Montreal), Number 500-09-003591-963, dated October 22, 2002, heard on February 11, 2004, is allowed with costs throughout. The conclusions in the Court of Appeal's judgment ordering that the appellant pay the respondent interest and the additional indemnity are struck out. Bastarache and Deschamps JJ. are dissenting in part. Allowed, with costs |
|
| 2004-02-24 | Transcript received, (37 pages) | |
| 2004-02-11 | Judgment reserved OR rendered with reasons to follow | |
| 2004-02-11 |
Hearing of the appeal, 2004-02-11, CJ Ba Bi Arb LeB De F Judgment reserved |
|
| 2004-02-11 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2004-02-04 | Book of authorities, (supplemental), Completed on: 2004-02-04 | Vera Ortner Mandel |
| 2004-02-03 | Notice of appearance, from Gowling | Vera Ortner Mandel |
| 2004-01-26 | Notice of appearance, from P. Levasseur | Banque Nationale de Paris (Canada) |
| 2003-12-23 | Appeal perfected for hearing | |
| 2003-12-17 | Respondent's book of authorities, Completed on: 2003-12-17 | Banque Nationale de Paris (Canada) |
| 2003-12-17 | Respondent's record, Completed on: 2003-12-17 | Banque Nationale de Paris (Canada) |
| 2003-12-17 | Respondent's factum, Completed on: 2003-12-17 | Banque Nationale de Paris (Canada) |
| 2003-11-20 |
Appeal hearing scheduled, 2004-02-11 Judgment reserved |
|
| 2003-10-27 | Appellant's record, vol. 1 and 2, Completed on: 2003-10-27 | Vera Ortner Mandel |
| 2003-10-27 | Appellant's book of authorities, Completed on: 2003-10-27 | Vera Ortner Mandel |
| 2003-10-27 | Appellant's factum, Completed on: 2003-10-27 | Vera Ortner Mandel |
| 2003-08-11 | Notice of appeal, (sec. dep. #2640), Completed on: 2003-08-11 | Vera Ortner Mandel |
| 2003-07-10 | Acknowledgement and consent for video taping of proceedings, from J. Choquette dated July 4/03 | |
| 2003-06-18 | Appeal court record, (joint with Trial Court record - 2 boxes) | |
| 2003-06-16 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2003-06-13 | Judgment on leave sent to the parties | |
| 2003-06-12 |
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 Quebec (Montreal), Number 500-09-003591-963, dated October 22, 2002, is granted with costs to the applicant in any event of the cause. Granted, with costs |
|
| 2003-04-28 | All materials on application for leave submitted to the Judges, Ia Bi LeB | |
| 2003-02-11 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2003-01-15 | Applicant's reply to respondent's argument, Completed on: 2003-01-15 | Vera Ortner Mandel |
| 2003-01-13 | Respondent's response on the application for leave to appeal, Completed on: 2003-01-13 | Banque Nationale de Paris (Canada) |
| 2002-12-18 | Application for leave to appeal, Completed on: 2003-02-11 | Vera Ortner Mandel |
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 |
|---|---|---|
| Mandel, Vera Ortner | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Banque Nationale de Paris (Canada) | Respondent | Active |
Counsel
Party: Mandel, Vera Ortner
Counsel
Jean-Stéphane Kourie
200 - 5316 ave du Parc
Château du Parc
Montréal, Quebec
H2V 4G7
Telephone: (514) 270-3192
FAX: (514) 270-8876
Email: jchoq@qc.aira.com
Agent
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
Party: Banque Nationale de Paris (Canada)
Counsel
Philippe Levasseur
Le Windsor
1170, rue Peel 5e étage
Montréal, Quebec
H3B 4S8
Telephone: (514) 397-4100
FAX: (514) 875-6246
Email: pbelanger@mccarthy.ca
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.
In Superior Court, the Respondent sued jointly and severally five persons in various capacities and for different amounts. Claims were filed against two corporations for the balances owed on their bank transactions and credit margins. Claims were made against two individuals, Robert Mandel and Gabriel Segal, as guarantors for the two corporations. The Appellant was sued as hypothecary guarantor for her husband Robert Mandel.
On October 19, 1994, the lawyers for the Respondent transmitted a settlement offer to the lawyers for the Appellant. On October 24, 1994, at the outset of the trial, the Appellant filed an amended statement of defence in which she alleged that, firstly, a transaction was entered on October 19 and, secondly, the Respondent had failed to take action upon this transaction.
The Superior Court judge condemned the corporations and their two guarantors to pay the sums claimed by the Respondent. The transaction was found by the trial judge to bind the Respondent and the Appellant; the Respondent was ordered to accept as constituting payment from the Appellant the amounts provided for in the transaction, namely $125,000 as to capital and $ 6,500 as to costs.
On October 22, 2002, the Court of Appeal upheld the trial judgement insofar as the Appellant was concerned. However, the Court of Appeal ordered the Appellant to pay the Respondent interests at the legal rate and the additional indemnity on these two sums, since the Appellant had failed to deposit, when required to do so, the sums owed pursuant to the settlement offer.
On November 25, 2002, the Court of Appeal denied the Appellant’s motion for leave to appeal to the Supreme Court of Canada and granted the Appellant a stay of execution on the judgment insofar as it applied to her
Lower court rulings
Superior Court of Quebec
500-05-003347-927
Action de l'intimée maintenue en partie
Court of Appeal of Quebec (Montréal)
500-09-003591-963
Appel de l'intimée accueilli en partie
Memorandums of argument on application for leave to appeal
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 filing 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.
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Related links
Factums on appeal
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
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