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.
29780
GMAC Location Limitée v. Raymond Chabot Inc.
(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, Reg, for the reimbursement of the $500 security deposit Granted |
|
| 2004-12-13 | Submission of miscellaneous motion, Reg | |
| 2004-11-16 | Notice of miscellaneous motion, for the reimbursement of the $500.00 deposit - 2 copies, Completed on: 2004-11-16 | GMAC Location Limitée |
| 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, without costs |
|
| 2004-05-06 | Transcript received, (63 pages) joint with 29770 | |
| 2004-04-20 | Judgment reserved OR rendered with reasons to follow | |
| 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 |
|
| 2004-04-13 | Notice of appearance, Hugues La Rue will be present at hearing. | GMAC Location Limitée |
| 2004-03-19 | Notice of hearing sent to parties | |
| 2004-03-18 |
Appeal hearing scheduled, 2004-04-20 Judgment reserved |
|
| 2004-02-05 | Appeal perfected for hearing | |
| 2003-12-11 | Appellant's book of authorities, Completed on: 2003-12-11 | GMAC Location Limitée |
| 2003-12-11 | Appellant's record, Completed on: 2003-12-11 | GMAC Location Limitée |
| 2003-12-11 | Appellant's factum, Completed on: 2003-12-11 | GMAC Location Limitée |
| 2003-12-08 | Correspondence received from, from Denis Dutil re: the respondent will not be participating in the appeal | Raymond Chabot Inc. |
| 2003-10-02 | Notice of deposit for security | GMAC Location Limitée |
| 2003-09-25 | Notice of appeal, Completed on: 2003-10-06 | GMAC Location Limitée |
| 2003-09-22 | Appeal court record, (1 padded envelope - joint with Trial Court record) | |
| 2003-09-18 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 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 (Quebec), Number 200-09-003588-016, dated March 19, 2003, is granted. Granted |
|
| 2003-07-14 | All materials on application for leave submitted to the Judges, Ia Bi LeB | |
| 2003-07-04 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2003-06-19 | Respondent's response on the application for leave to appeal, (Letter Form), from D. Dutil dated June 18/03 re: Will not be responding (by fax - original rec'd June 20/03), Completed on: 2003-06-19 | Raymond Chabot Inc. |
| 2003-05-28 | Correspondence received from, Sylvie E. Roussel dated 05/28/03 re: this case should be sent with 29770 | GMAC Location Limitée |
| 2003-05-28 | Correspondence received from, H. La Rue dated May 23, 2003 re: Noel & Ass. will act as Ottawa agent | GMAC Location Limitée |
| 2003-05-16 | Application for leave to appeal, Completed on: 2003-07-03 | GMAC Location Limitée |
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 |
|---|---|---|
| GMAC Location Limitée | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Raymond Chabot Inc. | Respondent | Active |
Counsel
Party: GMAC Location Limitée
Counsel
3075, Chemin des Quatre-Bourgeois
Bureau 400
Sainte-Foy, Quebec
G1W 4X5
Telephone: (418) 651-9900
FAX: (418) 651-5184
Email: hlarue@pothierdelisle.com
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
Party: Raymond Chabot Inc.
Counsel
4950, boul. de la Rive-Sud
Bureau 300
Lévis, Quebec
G6V 4Z6
Telephone: (418) 833-1550
FAX: (418) 833-1640
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.
Martin Tremblay had in his possession a 1998 Chevrolet Cavalier pursuant to a three-year lease contract. Martin Tremblay was given, on December 13, 2000, a notice of repossession of the vehicle by the Appellant and, the following day, filed for bankruptcy The Appellant, which had not published the lease contract by means of a Personal and movable right registration before the lessee’s bankruptcy, had it registered on January 9, 2002. The Appellant filed a proof of claim with the trustee to obtain the possession of the road vehicle.
The trustee disputed the Appellant’s claim for the road vehicle in view of the fact that the rental contract had not been published by means of a Personal and movable right registration before the bankruptcy. The Appellant appealed the trustee’s rejection of its claim to the vehicle in the Superior Court.
The Superior Court dismissed the appeal on the ground that the Appellant’s right of ownership to the road vehicle did not result from the lease. The Court of Appeal held, on appeal, that the legislator has, by means of article 1852 C.C.Q. made the publication of a long-term road vehicle lease by means of a Personal and movable right registration mandatory and, for this reason, dismissed the appeal.
Lower court rulings
Superior Court of Quebec
200-11-008842-018
Appel de l'appelante du rejet d'un avis de contestation, rejeté
Court of Appeal of Quebec (Québec)
200-09-003588-016
Appel rejeté
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.
Downloadable PDFs
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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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