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30649

Royal Bank of Canada v. Attorney General of Quebec, 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)
2005-09-08 Close file on Leave
2005-09-08 Certificate of taxation issued to, Trudel & Johnston re: Gagné & Marcotte
2005-09-06 Decision on the bill of costs, (taxed at the amount of $471,78) re: Gagné & Marcotte, Reg, The Supreme Court dismissed these eight applications for leave on March 10, 2005, awarding costs to the respondents in each of the files.

The instant decision concerns the bills of costs of the respondents Réal Marcotte and Kathleen Joan Gagné, which are disputed in all eight files.

On reviewing the applicants' memorandums, the memorandum and letters filed in response and the submissions of counsel of record regarding the bills of costs, I noted that a single memorandum of argument or letter was filed for the respondents, including Réal Marcotte and Kathleen Joan Gagné who are represented by the same law firm. Counsel may not claim costs for each of the respondents they represent where a case is based on the same facts and raises identical legal issues. My conclusion is therefore as follows.

File 30648:
The fees set out in the bill of costs ($350 and $25.65), $40 for the taxation, $31.78 for disbursements and the $50 fee paid to the Registrar are awarded once only.

Files 30645, 30646, 30647, 30649, 30650, 30651 and 30655:
The amount of $350 in fees, $40 for the taxation, $31.78 for disbursements and the $50 fee paid to the Registrar are awarded once only.

The bill of costs is taxed accordingly.

Allowed in part, no order as to costs
2005-09-06 Certificate of taxation issued to, D. Bourgoin re: J.-C. St-Pierre's bill of costs
2005-08-26 Decision on the bill of costs, taxed at the amount of $440.00 re: J.-C. St-Pierre, Reg
2005-08-25 Submission of the bill of costs, re: J.-C. St-Pierre, Reg
2005-08-25 Submission of the bill of costs, re: Gagné & Marcotte, Reg
2005-08-09 Reply to the bill of costs, (Letter Form), from D. Bourgon dated Aug. 2, 2005 (joint), Completed on: 2005-08-09 Joël-Christian St-Pierre
2005-08-02 Reply to the bill of costs, (Letter Form), from Trudel & Johnston dated Aug. 2, 2005 (fax copy), Completed on: 2005-08-02 Kathleen Joan Gagné, Réal Marcotte
2005-07-28 Response to the bill of costs, (Letter Form), from Sophie Melchers dated July 28/05 re: bill of costs of J.-C. St-Pierre, Completed on: 2005-07-28 Royal Bank of Canada
2005-07-21 Bill of costs, Completed on: 2005-07-21 Joël-Christian St-Pierre
2005-07-08 Response to the bill of costs, (Letter Form), from S. Melchers of Ogilvy, Renault dated July 8, 2005 (fax copy), Completed on: 2005-07-08 Royal Bank of Canada
2005-06-29 Bill of costs, 2 bills of costs in favor of K.J. Gagné and R. Marcotte, Completed on: 2005-06-29 Kathleen Joan Gagné, Réal Marcotte
2005-05-20 Certificate of taxation issued to, Noel & Ass.
2005-05-17 Decision on the bill of costs, taxed at the amount of $588.00, Reg
2005-05-11 Submission of the bill of costs, Reg
2005-03-31 Bill of costs, Completed on: 2005-03-31 Attorney General of Quebec
2005-03-11 Judgment on leave sent to the parties
2005-03-10 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 500-09-014230-049, dated September 28, 2004, is dismissed with costs.
Dismissed, with costs
2005-01-31 All materials on application for leave submitted to the Judges, (changed on Feb. 9/05 from Ba LeB D) to, Ba LeB F
2004-12-29 Correspondence received from, Trudel & Johnston fax copy dated Dec. 29/04 (joint)(Referring to Respondent's response in 30648) Normand Painchaud
2004-12-23 Letter acknowledging receipt of a complete application for leave to appeal
2004-12-21 Respondent's response on the application for leave to appeal, Completed on: 2004-12-21 Attorney General of Quebec
2004-11-29 Application for leave to appeal, Completed on: 2004-12-23 Royal 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

Main parties - Appellants
Name Role Status
Royal Bank of Canada Applicant Active

v.

Main parties - Respondents
Name Role Status
Attorney General of Quebec Respondent Active
Painchaud, Normand Respondent Active
Bibaud, Marie-Claude Respondent Active
Kathleen Joan Gagné, Réal Marcotte Respondent Active
St-Pierre, Joël-Christian Respondent Active

Counsel

Party: Royal Bank of Canada

Counsel
Christine A. Carron
Sophie Melchers
Ogilvy Renault
1100 - 1981 Av McGill College
Montréal, Quebec
H3A 3C1
Telephone: (514) 847-4404
FAX: (514) 286-5474

Party: Attorney General of Quebec

Counsel
Jean-François Jobin
Francis Demers
Bernard, Roy & Associés
8.00 - 1 rue Notre-Dame Est
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336 Ext: 51452
FAX: (514) 873-7074
Email: jean-francois.jobin@justice.gouv.qc.ca
Agent
Sylvie Roussel
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

Party: Painchaud, Normand

Counsel
Éric McDevitt David
Sylvestre Charbonneau Fafard & Associés
740 Atwater Avenue
Montreal, Quebec
H4C 2G9
Telephone: (514) 937-2881
FAX: (514) 937-6529

Party: Bibaud, Marie-Claude

Counsel
François Lebeau
Unterberg, Labelle, Lebeau, s.e.n.c.
1980 Sherbrooke West
Suite 700
Montreal, Quebec
H3H 1E8
Telephone: (514) 934-0841
FAX: (514) 937-6547
Email: flebeau@ullnet.com

Party: Kathleen Joan Gagné, Réal Marcotte

Counsel
Bruce Johnston
Philippe H. Trudel
Trudel & Johnston
85, de la Commune Est, 3e étage
Montréal, Quebec
H2Y 1J1
Telephone: (514) 871-8385
FAX: (514) 871-8800

Party: St-Pierre, Joël-Christian

Counsel
David Bourgoin
Bourgoin, Sirois & Associés
1130 - 3rd Avenue
Québec, Quebec
G1L 2X6
Telephone: (418) 640-0123
FAX: (418) 640-0122

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.

None.

Lower court rulings

January 21, 2004
Superior Court of Quebec

500-17-017163-034

Applicant's motion for declaratory judgment dismissed; Respondents' motions to quash allowed

September 28, 2004
Court of Appeal of Quebec (Montréal)

500-09-014230-049

Appeal allowed in part

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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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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Date modified: 2025-02-27