Case information
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30651
Toronto-Dominion Bank 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.
| 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. Bourgoin dated August 2, 2005 (joint), Completed on: 2005-08-09 | Joël-Christian St-Pierre |
| 2005-07-28 | Response to the bill of costs, (Letter Form), from S. Deslauriers dated July 28, 2005 (fax copy) re: bill of costs of J.-C. St-Pierre, Completed on: 2005-07-28 | Toronto-Dominion Bank |
| 2005-07-21 | Bill of costs, Completed on: 2005-07-21 | Joël-Christian St-Pierre |
| 2005-07-11 | Reply to the bill of costs, (Letter Form), from Trudel & Johnston dated July 11, 2005 (fax copy) re: refers to his reply in 30650 (joint), Completed on: 2005-07-11 | Kathleen Joan Gagné, Réal Marcotte |
| 2005-07-11 | Response to the bill of costs, (Letter Form), from S. Deslauriers dated July 6, 2005 (fax copy) re: bill of costs of Gagné, et al, Completed on: 2005-07-11 | Toronto-Dominion Bank |
| 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 500-09-014229-041, 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) |
Marie-Claude Bibaud |
| 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 | Toronto-Dominion Bank |
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 |
|---|---|---|
| Toronto-Dominion Bank | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Quebec | Respondent | Active |
| Bibaud, Marie-Claude | Respondent | Active |
| Painchaud, Normand | Respondent | Active |
| Kathleen Joan Gagné, Réal Marcotte | Respondent | Active |
| St-Pierre, Joël-Christian | Respondent | Active |
Counsel
Party: Toronto-Dominion Bank
Counsel
1100, rue de la Gauchetière ouest
7e étage
Montréal, Quebec
H3B 2S2
Telephone: (514) 878-0303
FAX: (514) 878-0018
Email: sdeslauriers@deslauriersjeansonne.ca
Party: Attorney General of Quebec
Counsel
Francis Demers
1, rue Notre-Dame Est
Bureau 8.00
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336
FAX: (514) 873-7074
Email: jean-francois.jobin@justice.gouv.qc.ca
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Bibaud, Marie-Claude
Counsel
1980 Sherbrooke West
Suite 700
Montreal, Quebec
H3H 1E8
Telephone: (514) 934-0841
FAX: (514) 937-6547
Email: flebeau@ullnet.com
Party: Painchaud, Normand
Counsel
740 Atwater Avenue
Montreal, Quebec
H4C 2G9
Telephone: (514) 937-2881
FAX: (514) 937-6529
Party: Kathleen Joan Gagné, Réal Marcotte
Counsel
Philippe H. Trudel
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
1130 - 3rd Avenue
Québec, Quebec
G1L 2X6
Telephone: (418) 640-0123
FAX: (418) 640-0122
Summary
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Summary
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Lower court rulings
Superior Court of Quebec
500-17-017163-034
Requête des intimés en irrecevabilité accueillies; requête de la demanderesse pour jugement déclaratoire rejetée
Court of Appeal of Quebec (Montréal)
500-09-014229-041
Appel accueilli en partie
Memorandums of argument on application for leave to appeal
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Factums on appeal
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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.
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