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.
29584
Industrial Alliance Life Insurance Company v. Gilbert Cabiakman
(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) |
|---|---|---|
| 2004-08-03 | Appeal closed | |
| 2004-07-29 |
Written reasons rendered after oral judgment, Ia Ba Bi Arb LeB De F, Arbour J. joined in the judgment of March 19, 2004, but took no part in these resons for judgment. Dismissed, with costs |
|
| 2004-06-18 | Certificate of taxation issued to, Noel & Ass. | |
| 2004-06-16 | Payment out cheque issued, ($507.22) | |
| 2004-06-15 | Record returned to the Registrar of the Court of Appeal | |
| 2004-06-14 | Decision on the bill of costs, taxed at the amount of $874.41, Reg | |
| 2004-06-14 | Submission of the bill of costs, Reg | |
| 2004-06-07 | Approved order for payment out, with consent (consent filed June 4/04) and sent to Finance June 7/04 | |
| 2004-05-19 | Bill of costs, Completed on: 2004-05-19 | Industrial Alliance Life Insurance Company |
| 2004-03-30 | Transcript received, (39 pages) | |
| 2004-03-22 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2004-03-19 | Judgment reserved OR rendered with reasons to follow | |
| 2004-03-19 |
Judgment on the appeal rendered, Justice Arbour joined in the judgment of March 19, 2004, but took no part in these reasons for judgment., Ia Ba Bi Arb LeB De F, The appeal from the judgment of the Court of Appeal of Quebec (Montreal), Number 500-09-009660-002, dated December 12, 2002, was heard this day and the following judgment was rendered: Iacobucci J. (orally) -- The Court is ready to pronounce judgment. We all agree to dismiss the appeal with costs. Reasons to follow. Dismissed, with costs |
|
| 2004-03-19 | Acknowledgement and consent for video taping of proceedings, Raphel Levy signed the form but does not wish to broadcast case, leaves it to the discretion of the Court. | |
| 2004-03-19 |
Hearing of the appeal, 2004-03-19, Ia Ba Bi Arb LeB De F Judgment rendered |
|
| 2004-03-15 | Notice of appearance, Noel & Associés, Sylive Roussel advising that Michel St-Pierre and Jacques Reeves will be present at hearing. | Industrial Alliance Life Insurance Company |
| 2004-03-01 | Notice of appearance, Raphael Levy will be present at hearing. | Gilbert Cabiakman |
| 2004-02-19 | Notice of appearance, Michel St-Pierre and Jacques Reeves will be present at hearing. | Industrial Alliance Life Insurance Company |
| 2004-02-11 | Appeal perfected for hearing | |
| 2004-02-09 | Respondent's book of authorities, Completed on: 2004-02-09 | Gilbert Cabiakman |
| 2004-02-09 | Respondent's record, Completed on: 2004-02-09 | Gilbert Cabiakman |
| 2004-02-09 | Respondent's factum, Completed on: 2004-02-09 | Gilbert Cabiakman |
| 2003-12-16 | Appellant's book of authorities, Completed on: 2003-12-16 | Industrial Alliance Life Insurance Company |
| 2003-12-16 | Appellant's record, (Volumes I and II), Completed on: 2003-12-16 | Industrial Alliance Life Insurance Company |
| 2003-12-16 | Appellant's factum, Completed on: 2003-12-16 | Industrial Alliance Life Insurance Company |
| 2003-12-15 | Correspondence received from, R. Gaudreau dated Dec. 12, 2003 re: will act as Ottawa agent | Gilbert Cabiakman |
| 2003-11-24 | Notice of hearing sent to parties | |
| 2003-11-20 |
Appeal hearing scheduled, 2004-03-19 Judgment rendered |
|
| 2003-10-02 | Notice of deposit for security | Industrial Alliance Life Insurance Company |
| 2003-09-25 | Notice of appeal, Completed on: 2003-10-06 | Industrial Alliance Life Insurance Company |
| 2003-09-18 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2003-09-03 | Appeal court record, (1 box - joint with Trial Court record) | |
| 2003-08-29 | Judgment on leave sent to the parties | |
| 2003-08-28 |
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 500-09-009660-002, dated December 12, 2002, is granted with costs to the applicant in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2003-06-02 | All materials on application for leave submitted to the Judges, Ia Bi LeB | |
| 2003-03-25 | Respondent's response on the application for leave to appeal, (Letter Form), from R. Levy dated March 25, 2003 (fax copy) re: does not intend to file a response, Completed on: 2003-03-28 | Gilbert Cabiakman |
| 2003-02-28 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2003-02-12 | Correspondence received from, R. Levy dated Feb. 11/03 (by fax) re: to confirm counsel's firm and address of the respondent | Gilbert Cabiakman |
| 2003-02-06 | Application for leave to appeal, Completed on: 2003-02-06 | Industrial Alliance Life Insurance Company |
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 |
|---|---|---|
| Industrial Alliance Life Insurance Company | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Cabiakman, Gilbert | Respondent | Active |
Counsel
Party: Industrial Alliance Life Insurance Company
Counsel
Jacques Reeves
200 - 79, boul. René-Lévesque Est
Québec, Quebec
G1R 5N5
Telephone: (418) 692-4180
FAX: (418) 692-5077
Email: mstpierre@avbt.com
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Cabiakman, Gilbert
Counsel
1434, rue Ste-Catherine Ouest
Bureau 200
Montréal, Quebec
H3G 1R4
Telephone: (514) 906-2841 Ext: 103
FAX: (514) 906-2845
Email: rlevy@qc.aira.com
Agent
167, rue Notre Dame de l'Île
Gatineau, Quebec
J8X 3T3
Telephone: (819) 770-7928
FAX: (819) 770-1424
Email: bergeron.gaudreau@qc.aira.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.
From 1984 to 1995, the Respondent was a sales manager for the London Life Insurance Company. On August 21, 1995, he left London Life to become a sales manager for the Appellant Industrial Alliance. The Respondent was responsible for hiring salespersons and ensuring their efficient performance. He was also personally involved with some clients, mainly with respect to the sale of investment products such as life or disability insurance policies, mutual funds and pension plans. Transfers from or to other financial institutions of significant accounts were also part of the Respondent’s sales duties.
In November 1995, the Respondent was charged with conspiracy to commit extortion. The newspaper Allô Police published an account of this story. Following this, the Appellant suspended the Respondent without pay and for an indefinite period. The Respondent was not given any opportunity to explain himself. The administrative suspension was aiming at protecting the Appellant’s public image.
On October 8, 1997, after two years of legal proceedings, the Respondent was found not guilty and, on November 24, 1997, given his job back. The Respondent sued the Appellant for lost salary, interest and moral damages.
Lower court rulings
Superior Court of Quebec
500-05-014824-963
Appelante condamnée à payer la somme de 149 553$ à titre de salaire et 25 447$ pour tenir lieu d'intérêts
Court of Appeal of Quebec (Montréal)
500-09-009660-002
Appel rejeté; dispositif du jugement de première instance modifié afin de condamner l'appelante à payer à l'intimé 200 000$ avec intérêt au taux légal et l'indemnité additionnelle à compter du 17 janvier 2000
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