Case information
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30753
Société en commandite CDTI de Montréal v. Tecsys 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) |
|---|---|---|
| 2005-09-09 | Close file on Leave | |
| 2005-08-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2005-08-26 | Judgment on leave sent to the parties | |
| 2005-08-25 |
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 500-09-014084-032, dated December 10, 2004, is dismissed with costs. Dismissed, with costs |
|
| 2005-06-27 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2005-03-14 | Applicant's reply to respondent's argument, Completed on: 2005-03-14 | Société en commandite CDTI de Montréal |
| 2005-03-03 | Respondent's response on the application for leave to appeal, Completed on: 2005-03-03 | Tecsys Inc. |
| 2005-02-16 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-02-07 | Application for leave to appeal, (2 vols plus 1 vol. of plans), Completed on: 2005-02-07 | Société en commandite CDTI de Montréal |
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 |
|---|---|---|
| Société en commandite CDTI de Montréal | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Tecsys Inc. | Respondent | Active |
Counsel
Party: Société en commandite CDTI de Montréal
Counsel
164, rue Notre-Dame Est
Montréal, Quebec
H2Y 1C2
Telephone: (514) 954-2000
FAX: (514) 954-2035
Email: cleduc@mercierleduc.com
Party: Tecsys Inc.
Counsel
Proja Margaret Filipovich
5e étage
1170, rue Peel
Montréal, Quebec
H3B 4S8
Telephone: (514) 397-4268
FAX: (514) 875-6246
Email: spotter@mccarthy.ca
Summary
Keywords
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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.
Tecsys Inc. rented three floors of Phase III of a building complex in Montréal under a lease signed by the parties that was amended a number of times during the construction of the project. The lease provided that the calculation of the rent was to based on the rentable area as determined in accordance with the “BOMA standard”, which permits a building to be measured in its entirety and the cost of the common areas (areas common to the building and areas common to each floor) to be divided among the occupants. During the construction, Société en Commandite CDTI de Montréal joined the Phase III building to the already-built Phase II building by means of doorways through a common wall.
Tecsys considered that it did not have to pay for the floor common area in Phase II. CDTI filed a motion in the Superior Court for payment of arrears of rent and for a determination of its rights under the lease. It was agreed that Phase II’s floor common area, if it is to be included in calculating the rent, is 2,730 sq. ft.
Lower court rulings
Superior Court of Quebec
500-05-073441-022
Requête de la demanderesse en détermination de droits et obligations en vertu du bail et en réclamation d'arriérés de loyers accueillie; Demande reconventielle de l'intimée rejetée
Court of Appeal of Quebec (Montréal)
500-09-014084-032
Appel accueilli; jugement de la Cour supérieure infirmé
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.
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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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