Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
31664
Association des courtiers et agents immobiliers du Québec, et al. v. Proprio Direct 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) |
|---|---|---|
| 2008-12-23 | Appeal closed | |
| 2008-12-22 | Certificate of taxation issued to, Pierre Landry | |
| 2008-12-19 | Decision on the bill of costs, in the amount of $12,189.37, DeRg | |
| 2008-12-17 | Submission of the bill of costs, DeRg | |
| 2008-10-29 | Bill of costs, Completed on: 2008-10-29 | Association des courtiers et agents immobiliers du Québec |
| 2008-06-02 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2008-06-02 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2008-05-30 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Quebec Court of Appeal (Montreal), Number 500-09-014751-044, dated July 31, 2006, heard on January 30, 2008, is allowed with costs throughout, Deschamps and Rothstein JJ. dissenting. Allowed, costs in this Court and courts below |
|
| 2008-02-20 | Transcript received, (67 pages) | |
| 2008-01-30 | Judgment reserved OR rendered with reasons to follow | |
| 2008-01-30 | Appellant's condensed book, submitted in Court (14 volumes) | Association des courtiers et agents immobiliers du Québec |
| 2008-01-30 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2008-01-30 |
Hearing of the appeal, 2008-01-30, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2008-01-23 | Notice of appearance, Marc Gaucher and Jean-François Savoie will be present at the hearing. | Association des courtiers et agents immobiliers du Québec |
| 2008-01-17 | Notice of change of counsel, re.: Marc Gaucher (New Counsel) | Association des courtiers et agents immobiliers du Québec |
| 2008-01-16 | Notice of appearance, Pierre-André Côté & Marc Simard will be present at the hearing | Proprio Direct Inc. |
| 2008-01-09 | Notice of appearance, André Durocher will be present at the hearing. | Association des courtiers et agents immobiliers du Québec |
| 2007-12-04 | Notice of hearing sent to parties | |
| 2007-12-04 |
Appeal hearing scheduled, 2008-01-30 Judgment reserved |
|
| 2007-09-13 | Respondent's book of authorities, filed on Sept. 13/07 as per order dated Aug. 3/07 of J. Bastarache, Completed on: 2007-09-13 | Proprio Direct Inc. |
| 2007-09-13 | Respondent's factum, filed on Sept. 13/07 as per order dated Aug. 3/07 of J. Bastarache, Completed on: 2007-09-13 | Proprio Direct Inc. |
| 2007-08-13 | Appeal perfected for hearing | |
| 2007-08-03 | Order on motion to extend time | |
| 2007-08-03 |
Decision on motion to extend time, Ba, to serve and file the respondent's factum and authorities to Sept. 13/07 Granted |
|
| 2007-08-03 | Submission of motion to extend time, Ba | |
| 2007-08-02 | Response to motion to extend time, (Letter Form), from André Durocher dated Aug. 01/07, Completed on: 2007-08-02 | Association des courtiers et agents immobiliers du Québec |
| 2007-07-30 | Correspondence received from, Marc Simard dated July 30/07 re: appointment of Darquise Jolicoeur (Beaudry Bertrand) as Ottawa Agent | Proprio Direct Inc. |
| 2007-07-25 | Motion to extend time, to file the respondent's factum (and authorities) to Sept. 13/07, Completed on: 2007-07-25 | Proprio Direct Inc. |
| 2007-06-14 | Appellant's record, Completed on: 2007-06-14 | Association des courtiers et agents immobiliers du Québec |
| 2007-06-14 | Appellant's book of authorities, (Vol. I and II), Completed on: 2007-06-14 | Association des courtiers et agents immobiliers du Québec |
| 2007-06-14 | Appellant's factum, (Vol. I and II), Completed on: 2007-06-14 | Association des courtiers et agents immobiliers du Québec |
| 2007-04-03 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2007-03-23 | Notice of appeal, Completed on: 2007-03-23 | Association des courtiers et agents immobiliers du Québec |
| 2007-03-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-03-09 | Judgment on leave sent to the parties | |
| 2007-03-08 |
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 500-09-014751-044, dated July 31, 2006, is granted without costs. Granted, without costs |
|
| 2007-01-08 | All materials on application for leave submitted to the Judges, Ba LeB F | |
| 2006-11-14 | Respondent's response on the application for leave to appeal, (Letter Form), C. Larose dated November 3, 2006 (fax copy) re: will not be filing a response; also replacing Henri Richard, Completed on: 2006-11-14 | Proprio Direct Inc. |
| 2006-10-06 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2006-09-29 | Application for leave to appeal, Completed on: 2006-09-29 | Association des courtiers et agents immobiliers du Québec |
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 |
|---|---|---|
| Association des courtiers et agents immobiliers du Québec | Appellant | Active |
| François Pigeon, en sa qualité de syndic de l'ACAIQ et Comité de discipline de l'Association des courtiers et agents immobiliers du Québec | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Proprio Direct Inc. | Respondent | Active |
Counsel
Party: Association des courtiers et agents immobiliers du Québec
Counsel
Jean-François Savoie
4765, 1re Avenue, bureau 280
Québec, Quebec
G1H 2T3
Telephone: (418) 622-4010
FAX: (418) 622-5447
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: François Pigeon, en sa qualité de syndic de l'ACAIQ et Comité de discipline de l'Association des courtiers et agents immobiliers du Québec
Counsel
4765, 1re Avenue, bureau 280
Québec, Quebec
G1H 2T3
Telephone: (418) 622-4010
FAX: (418) 622-5447
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Proprio Direct Inc.
Counsel
Pierre-André Côté
1700 - 1, place Ville-Marie
Montréal, Quebec
H3B 2C1
Telephone: (514) 878-3081
FAX: (514) 878-3053
Email: msimard@belangersauve.com
Agent
Maison du Citoyen
400 - 25, rue Laurier
Hull, Quebec
J8X 4C8
Telephone: (819) 770-4880
FAX: (819) 595-4979
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.
Contracts - Real estate brokerage - Consumer protection - Public order - Legislation - Interpretation - Law of professions - Discipline - Real estate brokerage contract providing for compensation payable in advance by individual to broker without possibility of reimbursement if no sale occurred - Whether Court of Appeal erred in holding that standard of correctness applied to discipline committee’s decision concerning first part of s. 13 of Rules of professional ethics - Whether Court of Appeal could review evidence and substitute its analysis and reasoning for those of discipline committee - Whether it was not inconsistent with objectives of Real Estate Brokerage Act to give precedence to principles of freedom of contract and disregard legal mechanisms chosen by legislature to protect natural person in contractual dealings with real estate broker by finding that mandatory brokerage contract form was suppletive - Whether natural person may waive safeguard created by statute of public order - Whether this interpretation of Act was contrary to its objectives - Real Estate Brokerage Act, R.S.Q., c. 73.1, s. 35(9) - Regulation respecting the application of the Real Estate Brokerage Act, R.R.Q., c. 73.1, r. 1, s. 26 - By-law of the Association des courtiers et agents immobiliers du Québec, R.R.Q., c. C-73.1, r. 2, s. 85; Rules of professional ethics of the Association des courtiers et agents immobiliers du Québec, R.R.Q. c. C-73.1, r. 5, s. 13.
The contracts of two of Proprio Direct’s clients were the subject of complaints alleging a lack of services in light of the costs paid. The syndic treated the complaints as formal disciplinary complaints. In the first case, $1,262 was payable when the contract was signed as a membership fee; in the second case, the amount was $1,724. No sale occurred, but the amounts were not reimbursable.
The discipline committee of the Association des courtiers et agents immobiliers du Québec found that the complaints were justified. The Court of Quebec affirmed that decision, but the Court of Appeal reversed it.
Lower court rulings
Court of Quebec
500-80-001070-037
Appel de l'intimée rejeté; déclaration de culpabilité maintenue.
Court of Appeal of Quebec (Montréal)
500-09-014751-044
Appel accueilli; plainte disciplinaire rejetée.
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
Not available
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
Not available
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
Not available