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.
29864
National Bank of Canada v. Samson Bélair Deloitte & Touche Inc., Trustee
(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, ($511.22) | |
| 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 | |
| 2004-11-16 | Notice of miscellaneous motion, for reimbursement of the $500.00 deposit - 2 copies, Completed on: 2004-11-16 | National Bank of Canada |
| 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 appeal from the judgment of the Court of Appeal of Quebec (Quebec), Number 200-09-003936-025, dated May 16, 2003, heard on April 20, 2004 is allowed and the appellant's claim to the property to which its reservation of ownership applied is admitted. Reasonable costs are awarded to the respondent in this Court on a solicitor-client basis. Allowed, costs on a solicitor client basis |
|
| 2004-05-06 | Transcript received, (38 pages) | |
| 2004-04-20 | Judgment reserved OR rendered with reasons to follow | |
| 2004-04-20 |
Hearing of the appeal, 2004-04-20, CJ Ma Ba Bi LeB Judgment reserved |
|
| 2004-04-20 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2004-04-16 | Notice of appearance, Revised letter rcvd advising that Alain Vachon and André Brochet will be present at hearing. | National Bank of Canada |
| 2004-04-06 | Notice of appearance, Maurice Dussault and Alain Vachon will be present at hearing. | Samson Bélair Deloitte & Touche Inc., Trustee |
| 2004-04-06 | Notice of appearance, Reynald Auger and Lucien Godbout will be present at hearing. | National Bank of Canada |
| 2004-03-19 | Notice of hearing sent to parties | |
| 2004-03-18 | Appeal perfected for hearing | |
| 2004-03-18 |
Appeal hearing scheduled, 2004-04-20, (previously June 16/04) Judgment reserved |
|
| 2004-03-12 | Respondent's book of authorities, Completed on: 2004-03-12 | Samson Bélair Deloitte & Touche Inc., Trustee |
| 2004-03-12 | Respondent's factum, Completed on: 2004-03-12 | Samson Bélair Deloitte & Touche Inc., Trustee |
| 2004-01-23 | Appellant's record, Completed on: 2004-01-23 | National Bank of Canada |
| 2004-01-23 | Appellant's book of authorities, Completed on: 2004-01-23 | National Bank of Canada |
| 2004-01-23 | Appellant's factum, Completed on: 2004-01-23 | National Bank of Canada |
| 2003-11-18 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2003-11-13 | Appeal court record, (1 padded envelope - joint with Trial Court record) | |
| 2003-11-10 | Notice of deposit for security | National Bank of Canada |
| 2003-11-06 | Notice of appeal, Completed on: 2003-11-06 | National Bank of Canada |
| 2003-10-31 | Judgment on leave sent to the parties | |
| 2003-10-30 |
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 200-09-003936-025, dated May 16, 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 |
|
| 2003-09-08 | All materials on application for leave submitted to the Judges, Ia Bi LeB | |
| 2003-08-28 | Respondent's response on the application for leave to appeal, Completed on: 2003-08-28 | Samson Bélair Deloitte & Touche Inc., Trustee |
| 2003-07-28 | Correspondence received from, R. Auger dated July 23, 2003 (fax copy) re: similar issue with 29770 and 29780 | National Bank of Canada |
| 2003-07-28 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2003-07-14 | Application for leave to appeal, Completed on: 2003-07-23 | National Bank of Canada |
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 |
|---|---|---|
| National Bank of Canada | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Samson Bélair Deloitte & Touche Inc., Trustee | Respondent | Active |
Counsel
Party: National Bank of Canada
Counsel
Lucien Godbout
5790, boul. Étienne-Dallaire, Bureau #205
Bureau 300
Lévis, Quebec
G6V 8V6
Telephone: (418) 838-5534
FAX: (418) 838-5518
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
Party: Samson Bélair Deloitte & Touche Inc., Trustee
Counsel
Alain Vachon
2795 Boul. Laurier
Bureau 450
Ste-Foy, Quebec
G1V 4M7
Telephone: (418) 657-2424
FAX: (418) 657-1793
Email: mdussault@brochetdussault.com
Agent
127 - 139, boul. de l'Hôpital
Gatineau, Quebec
J8T 8A3
Telephone: (819) 243-1336
FAX: (819) 243-9425
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.
The Appellant National Bank of Canada is the transferee of two instalment sale contracts pursuant to which the debtor Stéphane Ouellet purchased a mobile home and a Chevrolet Silverado 1989. On December 1, 2000, Stéphane Ouellet declared personal bankruptcy.
On February 1, 2000, the Appellant filed two proofs of claim with the trustee for the return of the private vehicle and the mobile home. On February 8, 2000, the Respondent trustee disputed the claims for these items on the ground that the instalment sale contracts have not been published as required by the provisions of the Civil Code of Québec. The Appellant had not filed the reservations of ownership and the transfers of these reservations in the Personal and movable right registry until February 28, 2001. The Appellant appealed by motion the rejection by the trustee of its claims.
The Superior Court dismissed the appeal from the trustee’s rejection of the claims and held that a reservation of ownership has no effect unless published. The Court of Appeal dismissed the appeal and held that the protection of a right of ownership against third parties, including a trustee in bankruptcy, requires compliance by the owner with the statutory publication requirements.
Lower court rulings
Superior Court of Quebec
650-11-000301-019
Requête de la demanderesse en appel d'un avis de contestation de preuves de réclamation de biens, rejetée
Court of Appeal of Quebec (Québec)
200-09-003936-025
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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