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30667

Régent Millette v. Rita Lefort Vigeant, 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)
2009-10-23 Close file on Leave
2009-04-28 Reconsideration not accepted for filing, (documents returned) (Document not microfilmed, see file)
2009-02-16 Letter acknowledging receipt of a complete motion for reconsideration, (sent by fax) (Document not microfilmed, see file)
2009-02-10 Motion for reconsideration of the application for leave to appeal, Completed on: 2009-02-16 Régent Millette
2009-01-27 Close file on Leave
2009-01-23 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2009-01-23 Judgment on leave sent to the parties
2009-01-22 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 (Montréal), Number 500-09-014278-048, dated May 9, 2008, is dismissed without costs.
Dismissed, without costs
2008-12-15 All materials on application for leave submitted to the Judges, LeB De Cha
2008-09-25 Respondent's response on the application for leave to appeal, (Letter Form), by e-mail dated Sept. 25/08, from P. Trudel re: will not be filing a response, Completed on: 2008-09-25 Rita Lefort Vigeant
2008-09-25 Letter acknowledging receipt of an incomplete application for leave to appeal
2008-08-08 Application for leave to appeal, filing fee and proof of service rec'd Oct. 15/08, Completed on: 2008-10-21 Régent Millette
2008-08-08 Reopen file
2008-06-17 General proceeding, Notice of Intent to file leave application (5 copies) Régent Millette
2008-05-20 Close file on Leave
2008-05-20 Certificate of taxation issued to, Pierre-Yves Trudel
2008-05-15 Decision on the bill of costs, in the amount of $860.22, Reg
2008-05-14 Submission of the bill of costs, Reg
2008-04-02 Reply to the bill of costs, cc. to R. Millette, Completed on: 2008-04-02 Rita Lefort Vigeant
2008-04-01 Response to the bill of costs, cc. to Respondents, Completed on: 2008-04-01 Régent Millette
2008-03-10 Bill of costs, Completed on: 2008-03-10 Rita Lefort Vigeant
2008-03-06 Correspondence received from, R. Millette, re.: will be contesting the Bill of Costs Régent Millette
2006-01-10 Close file on Leave
2006-01-10 Reconsideration not accepted for filing, (documents returned)
2005-05-13 Letter acknowledging receipt of an incomplete motion for reconsideration, (sent by fax and courier)
2005-05-13 Motion for reconsideration of the application for leave to appeal, Completed on: 2005-05-24 Régent Millette
2005-04-01 Judgment on leave sent to the parties
2005-03-31 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), Numbers 500-09-014277-040 and 500-09-014278-048, dated September 28, 2004, is dismissed with costs.

Dismissed, with costs
2005-02-28 All materials on application for leave submitted to the Judges, CJ Bi Cha
2005-02-18 General proceeding, (proof of delivery at the S.C.C. of the application for leave to appeal - received Nov. 29, 2004) Régent Millette
2005-01-04 Letter acknowledging receipt of a complete application for leave to appeal
2004-12-29 Respondent's response on the application for leave to appeal, Completed on: 2004-12-29 Rita Lefort Vigeant
2004-11-29 Application for leave to appeal, Completed on: 2005-02-18 Régent Millette

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
Millette, Régent Applicant Active

v.

Main parties - Respondents
Name Role Status
Lefort Vigeant, Rita Respondent Active
Vigeant, Jean-Pierre Respondent Active

Counsel

Party: Millette, Régent

This party is not represented by counsel.

Party: Lefort Vigeant, Rita

Counsel
Pierre-Yves Trudel
Archambault Tatner Adel Trudel
1350 Sherbrooke Street West
Suite 1400
Montreal, Quebec
H3G 1J1
Telephone: (514) 286-5000 Ext: 224
FAX: (514) 286-5002
Email: pytrudel@atat.ca

Party: Vigeant, Jean-Pierre

Counsel
Pierre-Yves Trudel
Archambault Tatner Adel Trudel
1350 Sherbrooke Street West
Suite 1400
Montreal, Quebec
H3G 1J1
Telephone: (514) 286-5000 Ext: 224
FAX: (514) 286-5002
Email: pytrudel@atat.ca

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.

Civil procedure – Motion to correct judgment – Whether Court of Appeal had right to set aside trial judgment – Whether Court of Appeal had right to reconsider trial judge’s findings of fact – Whether Court of Appeal had right to correct its judgment of September 28, 2004.

In 2004, the Superior Court allowed in part Mr. Millette’s action for the repayment of various loans he had made, some of them to the Respondent Rita Lefort Vigeant alone and the others to her and her co-defendant, Jean-Pierre Vigeant. The Court of Appeal allowed the appeal in part on September 28, 2004. This Court dismissed Mr. Millette’s application for leave to appeal on March 31, 2005, and a motion by Mr. Millette for reconsideration was not accepted for filing on October 1, 2006.

On May 9, 2008, the Court of Appeal granted a motion by Ms. Lefort Vigeant to correct the judgment of September 28, 2004 on the basis that the court had omitted to adjudicate upon part of the demand, namely the argument that the debt had been extinguished by payment. Mr. Millette is now appealing that judgment.

Lower court rulings

January 27, 2004
Superior Court of Quebec

540-17-000790-013

Action du demandeur contre l'intimée pour remboursement de prêts accueillie en partie; intimée condamnée à verser au demandeur la somme de 90 000$ et la somme de 12 077$; action contre l'intimé rejetée

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

500-09-014277-040, 500-09-014278-048

Appel de l'intimée accueilli en partie aux fins de rayer du dispositif du jugement de première instance la condamnation de l'intimée à verser la somme de 90 000$

May 9, 2008
Court of Appeal of Quebec (Montréal)

500-09-014278-048

Accueille la requête en rectification de jugement

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

Not available

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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Webcasts

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Date modified: 2025-02-27