Case information
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31456
Impulsora Turistica de Occidente, S.A. de C.V., et al. v. Transat Tours Canada Inc., 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) |
|---|---|---|
| 2008-03-06 | Appeal closed | |
| 2008-03-05 | Certificate of taxation issued to, Me Frédérick Langlois | |
| 2008-03-05 | Decision on the bill of costs, in the amount of $9,509.95, Reg | |
| 2008-03-03 | Submission of the bill of costs, Reg | |
| 2007-08-10 | Bill of costs, Completed on: 2007-08-10 | Transat Tours Canada Inc. |
| 2007-05-28 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2007-05-28 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2007-05-25 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-016045-056, dated March 17, 2006, heard on April 25, 2007, is dismissed with costs. Dismissed, with costs |
|
| 2007-05-23 | Transcript received, (49 pages) | |
| 2007-04-25 | Respondent's condensed book, (14 copies filed in Court) | Transat Tours Canada Inc. |
| 2007-04-25 | Appellant's condensed book, (14 copies filed in Court) | Tescor, S.A. de C.V. |
| 2007-04-25 | Appellant's condensed book, (14 copies filed in Court) | Impulsora Turistica de Occidente, S.A. de C.V. |
| 2007-04-25 | Appellant's condensed book, (14 copies filed in Court) | Mytravel Canada Holidays Inc. |
| 2007-04-25 | Judgment reserved OR rendered with reasons to follow | |
| 2007-04-25 |
Hearing of the appeal, 2007-04-25, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2007-04-25 | Acknowledgement and consent for video taping of proceedings, (Acknowledgment signed by all parties) | |
| 2007-04-19 | Notice of appearance, Karim Renno, Michael Vathilakis and Dominic Dupoy will be present at the hearing. | Mytravel Canada Holidays Inc. |
| 2007-04-17 | Correspondence received from, Karim Renno dated Apr. 17/07 in response to the Court's letter of Apr. 12/07 | Mytravel Canada Holidays Inc. |
| 2007-04-13 | Notice of appearance, Richard Hinse, Elise Poisson and Bruno Verdon will be present at the hearing. | Transat Tours Canada Inc. |
| 2007-04-12 | Correspondence (sent by the Court) to, the parties re: hearing | |
| 2007-04-12 | Notice of appearance, Donald Kattan will be present at the hearing. | Impulsora Turistica de Occidente, S.A. de C.V. |
| 2007-04-12 | Notice of appearance, Stéphane Pitre will be present at the hearing. | Tescor, S.A. de C.V. |
| 2007-03-20 | Appeal perfected for hearing | |
| 2007-03-19 | Respondent's book of authorities, Completed on: 2007-03-19 | Transat Tours Canada Inc. |
| 2007-03-19 | Respondent's record, Completed on: 2007-03-19 | Transat Tours Canada Inc. |
| 2007-03-19 | Respondent's factum, Completed on: 2007-03-19 | Transat Tours Canada Inc. |
| 2007-03-14 | Notice of hearing sent to parties | |
| 2007-03-13 |
Appeal hearing scheduled, 2007-04-25 Judgment reserved |
|
| 2007-03-09 | Appellant's factum, Completed on: 2007-03-09 | Impulsora Turistica de Occidente, S.A. de C.V. |
| 2007-02-23 | Certificate of taxation issued to, M. Soucy of Péloquin, Kattan | |
| 2007-02-22 | Decision on the bill of costs, taxed at the amount of $2,859.93, Reg | |
| 2007-02-22 | Submission of the bill of costs, re: leave application, Reg | |
| 2007-02-20 | Order on miscellaneous motion, (BY LEBEL J.) | |
| 2007-02-20 |
Decision on miscellaneous motion, (revised March 2/07), LeB, UPON MOTION by Péloquin, Kattan, s.e.n.c., counsel for the appellants, Impulsora Turistica de Occidente, S.A. de C.V., Vision Corporativa y Fiscal, S.A. de C.V., and Hotelera Qualton, S.A. de C.V., for an order of withdrawal as counsel; AND UPON MOTION by the respondent, Transat Tours Canada Inc., for an order for directions; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 1) The motion by Péloquin, Kattan, s.e.n.c., counsel for the appellants, Impulsora Turistica de Occidente, S.A. de C.V., Vision Corporativa y Fiscal, S.A. de C.V., and Hotelera Qualton, S.A. de C.V., Is dismissed without costs. 2) The motion by the respondent, Transat Tours Canada Inc., is granted in part without costs. 3) The appellants, Impulsora Turistica de Occidente, S.A. de C.V., Vision Corporativa y Fiscal, S.A. de C.V., and Hotelera Qualton, S.A. de C.V., shall serve and file its factum, record and book of authorities on or before March 13, 2007. 4) The respondent, Transat Tours Canada Inc., shall serve and file its factum, record and book of authorities 10 days following the serving of the appellants' documents. Allowed in part |
|
| 2007-02-20 | Submission of miscellaneous motion, LeB | |
| 2007-02-20 | Order on motion for leave to intervene, (BY LEBEL J.) | |
| 2007-02-20 |
Decision on motion to withdraw as solicitor, LeB, UPON MOTION by Péloquin, Kattan, s.e.n.c., counsel for the appellants, Impulsora Turistica de Occidente, S.A. de C.V., Vision Corporativa y Fiscal, S.A. de C.V., and Hotelera Qualton, S.A. de C.V., for an order of withdrawal as counsel; AND UPON MOTION by the respondent, Transat Tours Canada Inc., for an order for directions; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 1) The motion by Péloquin, Kattan, s.e.n.c., counsel for the appellants, Impulsora Turistica de Occidente, S.A. de C.V., Vision Corporativa y Fiscal, S.A. de C.V., and Hotelera Qualton, S.A. de C.V., is dismissed without costs. 2) The motion by the respondent, Transat Tours Canada Inc., is granted in part without costs. 3) The appellants, Impulsora Turistica de Occidente, S.A. de C.V., Vision Corporativa y Fiscal, S.A. de C.V., and Hotelera Qualton, S.A. de C.V., shall serve and file its factum, record and book of authorities on or before March 13, 2007. 4) The respondent, Transat Tours Canada Inc., shall serve and file its factum, record and book of authorities 10 days following the serving of the appellants' documents. Dismissed, without costs |
|
| 2007-02-20 | Submission of motion to withdraw as solicitor, LeB | |
| 2007-02-09 | Response to motion to withdraw as solicitor, (Letter Form), takes the same position as MyTravel Canada Holidays (rec'd by fax with cc. to all parties), Completed on: 2007-02-09 | Tescor, S.A. de C.V. |
| 2007-01-29 | Response to miscellaneous motion, (bookform), Completed on: 2007-01-29 | Mytravel Canada Holidays Inc. |
| 2007-01-19 | Notice of miscellaneous motion, to have the appellants Impulsora et al appointing new counsel, to extend time to file the respondent's factum etc. (joint with response to motion to withdraw as sollicitor), Completed on: 2007-01-22 | Transat Tours Canada Inc. |
| 2007-01-19 | Response to motion to withdraw as solicitor, (joint with a miscellaneous motion)(bookform), Completed on: 2007-01-19 | Transat Tours Canada Inc. |
| 2007-01-16 | Bill of costs, re: leave application (fax copy)(revised received Jan. 22, 2007 with service), Completed on: 2007-01-24 | Impulsora Turistica de Occidente, S.A. de C.V. |
| 2007-01-12 | Correspondence received from, Borden Ladner Gervais dated Jan. 11/07 re: Tescor will refer to MyTravel's Records at the hearing | Tescor, S.A. de C.V. |
| 2007-01-12 | Appellant's book of authorities, (Vol. I to 3), Completed on: 2007-01-12 | Mytravel Canada Holidays Inc. |
| 2007-01-12 | Appellant's book of authorities, Completed on: 2007-01-12 | Tescor, S.A. de C.V. |
| 2007-01-12 | Appellant's record, (Joint), Completed on: 2007-01-17 | Tescor, S.A. de C.V. |
| 2007-01-12 | Appellant's factum, Completed on: 2007-01-17 | Mytravel Canada Holidays Inc. |
| 2007-01-12 | Appellant's factum, Completed on: 2007-01-17 | Tescor, S.A. de C.V. |
| 2007-01-09 | Motion to withdraw as solicitor, (original rec'd Jan. 16/07), Completed on: 2007-01-16 | Impulsora Turistica de Occidente, S.A. de C.V. |
| 2006-10-30 | Notice of appeal, Completed on: 2006-10-30 | Tescor, S.A. de C.V. |
| 2006-10-30 | Notice of appeal, Completed on: 2006-10-30 | Mytravel Canada Holidays Inc. |
| 2006-10-30 | Notice of appeal, Completed on: 2006-10-30 | Impulsora Turistica de Occidente, S.A. de C.V. |
| 2006-10-24 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2006-09-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-09-29 | Judgment on leave sent to the parties | |
| 2006-09-28 |
Judgment of the Court on the application for leave to appeal, The applications for leave to appeal from the judgment of the Court of Appeal of Quebec (Montreal), Number 500-09-016045-056, dated March 17, 2006, are granted with costs to the applicants in any event of the cause. Granted, with costs |
|
| 2006-08-08 | All materials on application for leave submitted to the Judges, Ba LeB F | |
| 2006-06-26 | Applicant's reply to respondent's argument, (Letter Form), letter sent by fax, will not be filing a reply, Completed on: 2006-06-26 | Tescor, S.A. de C.V. |
| 2006-06-26 | Applicant's reply to respondent's argument, Completed on: 2006-06-26 | Mytravel Canada Holidays Inc. |
| 2006-06-23 | Applicant's reply to respondent's argument, Completed on: 2006-06-23 | Impulsora Turistica de Occidente, S.A. de C.V. |
| 2006-06-15 | Respondent's response on the application for leave to appeal, (2 volumes), Completed on: 2006-06-15 | Transat Tours Canada Inc. |
| 2006-05-18 | Letter acknowledging receipt of a complete application for leave to appeal, (First Application) | |
| 2006-05-18 | Letter acknowledging receipt of a complete application for leave to appeal, (Second Application) | |
| 2006-05-18 | Letter acknowledging receipt of a complete application for leave to appeal, (Third Application) | |
| 2006-05-16 | Application for leave to appeal, (Third application), Completed on: 2006-05-16 | Tescor, S.A. de C.V. |
| 2006-05-16 | Application for leave to appeal, (Second Application), Completed on: 2006-05-16 | Mytravel Canada Holidays Inc. |
| 2006-05-16 | Application for leave to appeal, (First Application - 2 vols.), Completed on: 2006-05-16 | Impulsora Turistica de Occidente, S.A. de C.V. |
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 |
|---|---|---|
| Impulsora Turistica de Occidente, S.A. de C.V. | Appellant | Active |
| Vision Corporativa Y Fiscal, S.A. de C.V. and Hotelera Qualton, S.A. de C.V. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Transat Tours Canada Inc. | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Tescor, S.A. de C.V. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Transat Tours Canada Inc. | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Mytravel Canada Holidays Inc. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Transat Tours Canada Inc. | Respondent | Active |
Counsel
Party: Impulsora Turistica de Occidente, S.A. de C.V.
Counsel
Maxime Soucy
Donald Kattan
1, Westmount Square, 20 étage
Montréal, Quebec
H3Z 2P9
Telephone: (514) 937-7741
FAX: (514) 937-2971
Email: dgodbout@peloquinkattan.com
Agent
World Exchange Plaza
100 Queen Street, suite 1100
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Vision Corporativa Y Fiscal, S.A. de C.V. and Hotelera Qualton, S.A. de C.V.
Counsel
Maxime Soucy
Donald Kattan
1, Westmount Square, 20 étage
Montréal, Quebec
H3Z 2P9
Telephone: (514) 937-7741
FAX: (514) 937-2971
Email: dgodbout@peloquinkattan.com
Agent
World Exchange Plaza
100 Queen Street, suite 1100
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Tescor, S.A. de C.V.
Counsel
Robert E. Charbonneau
1000, rue de laa Gauchetière Ouest
Bureau 900
Montréal, Quebec
H3B 5H4
Telephone: (514) 954-3147
FAX: (514) 954-1905
Email: spitre@blg.com
Agent
World Exchange Plaza
100 Queen Street, suite 1100
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Mytravel Canada Holidays Inc.
Counsel
Michael Vathhilakis
Dominic Dupoy
1000, rue de la Gauchetière Ouest
Bureau 2100
Montréal, Quebec
H3B 4W5
Telephone: (514) 904-8108
FAX: (514) 904-8101
Email: krenno@osler.com
Agent
340 Albert Street
Suite 1900
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Transat Tours Canada Inc.
Counsel
Élise Poisson
Bruno Verdon
1, place Ville-Marie, Bureau 4000
Montréal, Quebec
H3B 4M4
Telephone: (514) 871-1522
FAX: (514) 871-8977
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
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.
International law – Private international law – Statutes – Interpretation – Procedure – Declinatory exception – Commercial law – Contracts – Forum selection clause in favour of Quebec authority – Apparent breach of contract by foreign party – Power of court to make orders with purely extraterritorial operation – Quebec court declaring itself forum non conveniens and allowing declinatory exception because of lack of connection with Quebec - Whether Quebec courts have power to issue injunctions against companies having no domicile, establishment, assets or activities in Quebec – If so, and in alternative, whether trial judge properly exercised discretion by declining jurisdiction of Quebec courts – Civil Code of Québec, S.Q. 1991, c. 64, arts. 3135, 3148 – Code of Civil Procedure, R.S.Q., c. C-25, art. 46.
In 2004, Tescor (Mexico) signed an exclusive contract with Transat (Quebec) guaranteeing Transat all the rooms it would need for its clients at the Qualton Hotel in Puerto Vallarta. The contract included a clause designating Quebec law as the applicable law and a forum selection clause in favour of the Quebec courts. In 2005, Transat learned that its competitor, MyTravel, was offering its clients the same exclusive rights to stay at the same Mexican hotel. MyTravel had signed a contract with companies that now controlled the hotel through persons linked to Tescor.
To enforce its exclusive contract, Transat made an application for a permanent injunction and a motion for a provisional injunction against its Mexican contracting partner, Tescor. Impulsora, Vision and Hotelera filed motions for declinatory exception on the ground that the Superior Court had no jurisdiction to hear the case and should decline jurisdiction in favour of the Mexican courts.
Lower court rulings
Superior Court of Quebec
500-17-026513-054
Rejet de la demande d'injonction de l'intimée et de sa demande d'ordonnance de sauvegarde contre les demanderesses mexicaines, par application de l'exception déclinatoire sur la base du forum non conveniens
Court of Appeal of Quebec (Montréal)
500-09-016045-056
Appel accueilli; jugement de la Cour supérieure du Québec infirmé en partie; rejet de la requête en exception déclinatoire et déclaration de compétence du tribunal québécois.
Filed documents
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 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 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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Related links
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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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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