Case information
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29770
DaimlerChrysler Services Canada Inc. v. Jean-François Lebel
(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) |
|---|---|---|
| 2004-12-30 | 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, for the reimbursement of the $500 security deposit, Reg Granted |
|
| 2004-12-13 | Submission of miscellaneous motion, Reg | |
| 2004-12-09 | Record returned to the Registrar of the Court of Appeal | |
| 2004-11-16 | Notice of miscellaneous motion, for the reimbursement of the $500.00 deposit - 2 copies, Completed on: 2004-11-16 | DaimlerChrysler Services Canada Inc. |
| 2004-10-29 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2004-10-28 |
Judgment on the appeal rendered, CJ Ma Ba Bi LeB, The appeals from the judgments of the Court of Appeal of Quebec, Numbers 500-09-011536-018 and 200-09-003588-016, dated March 19, 2003, heard on April 20, 2004 are allowed without costs in the case of GMAC and with costs to the respondent on a solicitor-client basis in the case of DaimlerChrysler. The appellants' claims are admitted and since the vehicule in the case of GMAC has been sold, the appellant is entitled to the proceeds of the sale. Allowed, with costs |
|
| 2004-05-06 | Transcript received, (63 pages) joint with 29780 | |
| 2004-04-20 | Judgment reserved OR rendered with reasons to follow | |
| 2004-04-20 | Supplemental document, supplemental authorities received in Court (16 copies). | DaimlerChrysler Services Canada Inc. |
| 2004-04-20 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2004-04-20 |
Hearing of the appeal, 2004-04-20, CJ Ma Ba Bi LeB Judgment reserved |
|
| 2004-04-07 | Notice of appearance, Yves Lacroix and Gary Makila will be present at hearing. | DaimlerChrysler Services Canada Inc. |
| 2004-03-19 | Notice of hearing sent to parties | |
| 2004-03-18 |
Appeal hearing scheduled, 2004-04-20 Judgment reserved |
|
| 2004-02-05 | Notice of change of counsel, Mr. Yves Lacroix of Fasken Martineau DuMoulin replacing the firm of Flynn Rivard | DaimlerChrysler Services Canada Inc. |
| 2004-01-29 | Book of authorities, Completed on: 2004-01-29 | Jean-François Lebel |
| 2004-01-29 | Respondent's record, Completed on: 2004-01-29 | Jean-François Lebel |
| 2004-01-29 | Respondent's factum, Completed on: 2004-01-29 | Jean-François Lebel |
| 2004-01-29 | Appeal perfected for hearing | |
| 2003-12-04 | Appellant's book of authorities, (Volumes I and II), Completed on: 2003-12-04 | DaimlerChrysler Services Canada Inc. |
| 2003-12-04 | Appellant's record, Completed on: 2003-12-04 | DaimlerChrysler Services Canada Inc. |
| 2003-12-04 | Appellant's factum, Completed on: 2003-12-04 | DaimlerChrysler Services Canada Inc. |
| 2003-10-02 | Notice of deposit for security | DaimlerChrysler Services Canada Inc. |
| 2003-09-25 | Notice of appeal, Completed on: 2003-10-06 | DaimlerChrysler Services Canada Inc. |
| 2003-09-18 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2003-09-16 | Appeal court record, (joint with Trial Court record - 1 box) | |
| 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 500-09-011536-018, dated March 19, 2003, 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 |
|
| 2003-07-14 | All materials on application for leave submitted to the Judges, Ia Bi LeB | |
| 2003-06-30 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2003-06-13 | Respondent's response on the application for leave to appeal, Completed on: 2003-06-13 | Jean-François Lebel |
| 2003-05-15 | Application for leave to appeal, Completed on: 2003-06-30 | DaimlerChrysler Services Canada 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
| Name | Role | Status |
|---|---|---|
| DaimlerChrysler Services Canada Inc. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Lebel, Jean-François | Respondent | Active |
Counsel
Party: DaimlerChrysler Services Canada Inc.
Counsel
Gary Makila
Bureau 800
140, Grande-Allée Est
Québec, Quebec
G1R 5M8
Telephone: (418) 640-2072
FAX: (418) 647-2455
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
Party: Lebel, Jean-François
Counsel
Westmount, Quebec
H3Z 2P9
Telephone: (514) 931-2977
FAX: (514) 931-6651
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.
Alfred Lefebvre leased a Dodge road vehicle from Jules Baillot & Fils Ltée. The three-year lease contract was transferred to the Appellant Services Financiers DaimlerChrysler Canada Inc. On November 1, 2000, Lefebvre filed for bankruptcy and the Respondent Lebel was appointed as trustee of his estate. On November 24, 2000, the Appellant filed a claim with the trustee for the return of the Dakota vehicle in the trustee’s possession and also published the lease and the transfer through a Personal and Movable Real Rights registration. On December 5, 2000, the Respondent trustee notified the Appellant that its claim was disputed because of the late registration of the lease and of the transfer. The Appellant filed a motion with the Superior Court to appeal the trustee’s notice disputing its claim.
The Superior Court dismissed the Appellant’s motion on the ground that the lease was, as provided for in article 1852(2) of the Civil Code of Québec, subject to publication. The Appellant’s appeal was dismissed by the Court of Appeal of Québec, which held that the legislator has made mandatory the Personal and Movable Real Rights registration of long-term road vehicle leases.
Lower court rulings
Superior Court of Quebec
550-11-005209-003
Requête de la demanderesse en appel du rejet de son avis de contestation, rejetée
Court of Appeal of Quebec (Montréal)
500-09-011536-018
Appel 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
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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
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