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29588

Hydro-Québec v. Modestos Glykis, 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)
2004-12-30 Appeal closed
2004-12-30 Payment out cheque issued, ($513.24)
2004-12-13 Approved order for payment out, sent to Finance Dec. 16/04
2004-12-13 Order on miscellaneous motion
2004-12-13 Decision on miscellaneous motion, Reg, for the reimbursement of the $500 security deposit
Granted
2004-12-13 Submission of miscellaneous motion, Reg
2004-12-09 Record returned to the Registrar of the Court of Appeal
2004-11-18 Response to miscellaneous motion, (Letter Form), from H.S. Brown, Q.C. dated Nov. 17/04 (by fax), Completed on: 2004-11-18 Modestos Glykis
2004-11-16 Notice of miscellaneous motion, for the reimbursement of the $500.00 deposit - 2 copies, Completed on: 2004-11-16 Hydro-Québec
2004-10-04 Judgment on appeal and notice of deposit of judgment sent to all parties
2004-10-01 Judgment on the appeal rendered, (Arbour J. took no part in the judgment.), CJ Ba Bi Arb LeB De F, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-008514-994, dated December 12, 2002, heard on April 13, 2004 is allowed. LeBel and Fish JJ. dissenting. The judgment of the Court of Appeal is set aside without costs and the judgment of the Superior Court dismissing the action with costs is confirmed. As for the judicial and extrajudicial costs connected with the appeal to this Court, Hydro-Québec is ordered to pay the Respondents an amount to be fixed by the Registrar on a solicitor-client basis.

Allowed
2004-04-26 Transcript received, (48 pages)
2004-04-13 Judgment reserved OR rendered with reasons to follow
2004-04-13 Supplemental document, received in court - 14 copies of the Quebec Civil code and 14 copies of law interpretation. Modestos Glykis
2004-04-13 Appellant's condensed book, (14 copies) Hydro-Québec
2004-04-13 Acknowledgement and consent for video taping of proceedings, from all parties
2004-04-13 Hearing of the appeal, 2004-04-13, CJ Ba Bi Arb LeB De F
Judgment reserved
2004-04-06 Notice of appearance, Jules Brière, Hélène Gauvin and Jacinte Lafontaine will be present at hearing. Hydro-Québec
2004-03-29 Notice of appearance, e-mail from Ed Van Bemmel advising that Jérome Choquette and Jean-Stéphane Kourie will be present at hearing. Modestos Glykis
2004-03-19 Notice of hearing sent to parties
2004-03-18 Appeal hearing scheduled, 2004-04-13, (previously Apr. 14)
Judgment reserved
2004-01-29 Appeal perfected for hearing
2004-01-23 Respondent's factum, Completed on: 2004-02-09 Modestos Glykis
2003-12-01 Appellant's record, (Volumes I and II) Certificate of Counsel rec'd Dec. 23/03, Completed on: 2003-12-23 Hydro-Québec
2003-12-01 Appellant's book of authorities, Completed on: 2003-12-01 Hydro-Québec
2003-12-01 Appellant's factum, (Volumes I and II), Completed on: 2003-12-01 Hydro-Québec
2003-09-26 Correspondence received from, H. S. Brown, Q.C. re: confirming Gowlings as agents for the respondents Modestos Glykis
2003-09-15 Notice of deposit for security Hydro-Québec
2003-09-10 Notice of appeal, Completed on: 2003-09-10 Hydro-Québec
2003-08-27 Appeal court record, (1 box)
2003-08-19 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2003-08-15 Judgment on leave sent to the parties
2003-08-14 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 500-09-008514-994, dated December 12, 2002, is granted with costs to the respondents on a solicitor-client basis in any event of the cause.
Granted, with costs
2003-05-26 All materials on application for leave submitted to the Judges, CJ Ba De
2003-03-14 Applicant's reply to respondent's argument, Completed on: 2003-03-28 Hydro-Québec
2003-03-14 Letter acknowledging receipt of a complete application for leave to appeal
2003-03-07 Respondent's response on the application for leave to appeal, Completed on: 2003-03-07 Modestos Glykis
2003-02-07 Application for leave to appeal, (Vol. I & II) (Received C/A order and reasons on March 5/03), Completed on: 2003-03-05 Hydro-Québec

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
Hydro-Québec Appellant Active

v.

Main parties - Respondents
Name Role Status
Glykis, Modestos Respondent Active
Glykis, Eleftheria Theodossiou Respondent Active

Counsel

Party: Hydro-Québec

Counsel
Names
Jules Brière
Hélène Gauvin
Jacinthe Lafontaine
Contact information
Lavery Montreal
925, chemin St-Louis
Bureau 500
Québec, Quebec
G1S 1C1
Telephone: (418) 688-5000
FAX: (418) 688-3458
Email: jbriere@lavery.qc.ca
Agent
Name
Sylvie Roussel
Contact information
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com

Party: Glykis, Modestos

Counsel
Name
Jérôme Choquette, c.r.
Contact information
Choquette Beaupré Rhéaume
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
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

Party: Glykis, Eleftheria Theodossiou

Counsel
Name
Jérôme Choquette, c.r.
Contact information
Choquette Beaupré Rhéaume
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
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.

On April 7, 1994, the Respondent Modestos Glykis purchased a rental building in Montreal. Several apartments were at that time vacant, yet supplied with electricity. In January 1995, the Appellant Hydro-Québec demanded the Respondent as owner of the building to pay $1,626.29 in unpaid electricity bills. The Respondent Modestos Glykis refused to pay these bills, despite having received several notices informing him that failure to pay the bills might result in the supply of electricity being interrupted to every building covered by a services contract between him and Hydro-Québec.

The Appellant sent a notice of interruption of services to the Respondent and, on November 8, 1995, interrupted services to the Respondents' private residence, even if there were no arrears with respect to the contract relating to this property. The next day, cold weather forced the Respondents to seek hotel accommodation. Some days later, Mr. Glynis got a pneumonia and Mrs. Glynis a cold. On November 10,1995, having received payment for the unpaid bills, the Appellant resumed the supply of electricity to the Glykis residence. The Respondents sued the Appellant, Mr. Glykis claiming $ 89,241.31$ in damages and Mrs. Glykis $30, 012.99.

On July 26, 1999, the Superior Court dismissed the Respondents' claims. The Respondents appealed, having lowered their claims to $20,382.15 and $10,012.99, respectively. On December 12, 2002, the Court of Appeal allowed their appeals and ordered the Appellant to pay $4,882.15 to Mr. Gkykis and $2,000.00 to Mrs. Glykis, interests and the additional indemnity calculated from the date of institution of the proceedings being added to both amounts.

Lower court rulings

July 26, 1999
Superior Court of Quebec

500-05-013674-955

Action des intimés en dommages-intérêts rejetée

December 12, 2002
Court of Appeal of Quebec (Montréal)

500-09-008514-994

Appel accueilli; jugement de première instance cassé, demanderesse condamnée à payer la somme de 6 882, 15$ aux intimés

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