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Case information

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30794

Crane Canada Inc. v. Sécurité Nationale, Compagnie d'assurance, 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)
2005-09-23 Close file on Leave
2005-09-23 Certificate of taxation issued to, Noel & Ass.
2005-09-20 Decision on the bill of costs, taxed at the amount of $962.95, DeRg
2005-09-20 Submission of the bill of costs, DeRg
2005-09-06 Bill of costs, Completed on: 2005-09-06 Attorney General of Quebec
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 500-09-013971-031, dated December 22, 2004, is dismissed with costs.
Dismissed, with costs
2005-05-24 All materials on application for leave submitted to the Judges, Ba LeB De
2005-05-02 Correspondence received from, Mathieu Bouchard dated Apr. 30/05 joint with a Qc C/A decision in Pharmascience Inc. v. Piro et al Crane Canada Inc.
2005-03-31 Applicant's reply to respondent's argument, Service missing - Rec'd April 14, 2005, Completed on: 2005-04-14 Crane Canada Inc.
2005-03-21 Respondent's response on the application for leave to appeal, Completed on: 2005-03-21 Attorney General of Quebec
2005-02-23 Letter acknowledging receipt of a complete application for leave to appeal
2005-02-18 Application for leave to appeal, Completed on: 2005-02-18 Crane Canada Inc.

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
Crane Canada Inc. Applicant Active

v.

Main parties - Respondents
Name Role Status
Sécurité Nationale, Compagnie d'assurance Respondent Active
Attorney General of Quebec Respondent Active

Counsel

Party: Crane Canada Inc.

Counsel
Guy Du Pont
Laurent Debrun
Mathieu Bouchard
Davies Ward Phillips & Vineberg LLP
26e étage
1501, avenue McGill College
Montréal, Quebec
H3A 3N9
Telephone: (514) 841-6406
FAX: (514) 841-6499
Email: gdupont@dwpv.com

Party: Sécurité Nationale, Compagnie d'assurance

Counsel
Frédéric Blanchette, Esq.
Marchand, Melançon, Forget
1 Place Ville-Marie
Suite 1900
Montréal, Quebec
H3B 2C3
Telephone: (514) 393-4582
FAX: (514) 861-0727

Party: Attorney General of Quebec

Counsel
Pierre Arguin
Benoît Belleau
Bernard, Roy & Associés
1, rue Notre-Dame est
bureau 8.00
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336 Ext: 51496
FAX: (514) 873-7074
Email: parguin@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

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 respondent insurer indemnified twelve of its insured who suffered water damage from malfunctioning toilets manufactured by the applicant. The respondent filed twelve claims against the applicant alleging that it was aware that its goods were affected by a defect. The amounts claimed vary between $3,000 and $12,000, for a total of over $75,000. Section 396.1 of the Code of civil procedure, R.S.Q., c. C-25, provides that no examination on discovery is permitted when the amount claimed is less than $25,000. At trial, the applicant filed a motion to be allowed to examine on discovery the twelve insured and to have s. 396.1 declared inoperative on the grounds that it violates ss. 23 and 35 of the Quebec Charter.

Lower court rulings

October 28, 2003
Court of Quebec

500-22-079751-031, 500-22-079758-036, 500-22-079759-034, 500-22-079760-032, 500-22-079761-030, 500-22-079762-038, 500-22-079763-036, 500-22-079764-034, 500-22-079765-031, 500-22-079766-039, 500-22-079767-037, 500-22-079768-035

See file

December 22, 2004
Court of Appeal of Quebec (Montréal)

500-09-013971-031

See file

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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Webcasts

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Date modified: 2025-02-27