Case information
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30828
City of Montreal v. Administration portuaire de Montréal
(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) |
|---|---|---|
| 2005-12-01 | Close file on Leave | |
| 2005-12-01 | Certificate of taxation issued to, G. Fafard of Grandpré, Chait | |
| 2005-11-25 | Decision on the bill of costs, taxed at the amount of $862.36, DeRg | |
| 2005-11-24 | Submission of the bill of costs, DeRg | |
| 2005-11-15 | Bill of costs, Completed on: 2005-11-15 | Administration portuaire de Montréal |
| 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 500-09-014706-048, dated January 21, 2005, is dismissed with costs. Dismissed, with costs |
|
| 2005-06-13 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2005-04-15 | Respondent's response on the application for leave to appeal, Completed on: 2005-04-15 | Administration portuaire de Montréal |
| 2005-03-21 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-03-17 | Application for leave to appeal, Completed on: 2005-03-17 | City of Montreal |
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 |
|---|---|---|
| City of Montreal | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Administration portuaire de Montréal | Respondent | Active |
Counsel
Party: City of Montreal
Counsel
Sébastien Caron
513, boul. St-Joseph Est
Montréal, Quebec
H2J 1K1
Telephone: (514) 499-1722 Ext: 101
FAX: (514) 499-1707
Party: Administration portuaire de Montréal
Counsel
Gilles Fafard
1000, rue de la Gauchetière Ouest
Bureau 2900
Montréal, Quebec
H3B 4W5
Telephone: (514) 878-4311
FAX: (514) 878-4333
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.
The Respondent cancelled payments in lieu of real property tax (PILT) for 1993 as a result of a directive of the federal Department of Public Works. Then, in 2003, it retroactively declared an overpayment for 1999 and 2000 and reimbursed itself out of the PILT for the current year.
The Applicant filed a claim for $6,974,461.69 in the Court of Québec. The Respondent objected to the claim by way of a declinatory exception and an exception to dismiss the action. The Court of Québec declined jurisdiction and referred the matter to the Superior Court. The Quebec Court of Appeal confirmed the Court of Québec’s want of jurisdiction in two separate judgments, one of which, the subject of this application, quashed the referral of the matter to the Superior Court at the Respondent’s request. The Applicant has applied for leave to appeal both of these judgments but does not contest the decision to quash the referral of the matter to the Superior Court.
Lower court rulings
Court of Quebec
500-22-094380-048
Le tribunal décline juridiction et renvoie le dossier à la Cour supérieure.
Court of Appeal of Quebec (Montréal)
500-09-014706-048
Appel incident de l'intimée accueilli avec dépens; la Cour d'appel infirme en partie le jugement entrepris, confirme l'absence de juridiction de la Cour du Québec mais biffe le renvoi du dossier à la Cour supérieure
Memorandums of argument on application for leave to appeal
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Related links
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.
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