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31741

Charles Grenier, et al. v. St-Patrick's Academy "Old Boys" Association Inc.

(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)
2007-04-12 Close file on Leave
2007-04-10 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2007-04-10 Judgment on leave sent to the parties
2007-04-05 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 500-09-015757-057, dated October 5, 2006, is dismissed without costs.
Dismissed, without costs
2007-02-26 All materials on application for leave submitted to the Judges, Ba LeB F
2007-01-29 Respondent's response on the application for leave to appeal, (Letter Form), will not participate, Completed on: 2007-01-29 St-Patrick's Academy "Old Boys" Association Inc.
2006-12-04 Letter acknowledging receipt of a complete application for leave to appeal
2006-12-01 Application for leave to appeal, Completed on: 2006-12-01 Charles Grenier

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
Grenier, Charles Applicant Active
Gerry Largy and Maurice Galvin Applicant Active

v.

Main parties - Respondents
Name Role Status
St-Patrick's Academy "Old Boys" Association Inc. Respondent Active

Counsel

Party: Grenier, Charles

Counsel
Name
Ghislain Richer
Contact information
Richer & Associés
210 - 780, rue King Ouest
Sherbrooke, Quebec
J1H 1R7
Telephone: (819) 820-2600
FAX: (819) 820-2722
Email: gricher@abacom.com
Agent
Name
Richard Gaudreau
Contact information
Bergeron, Gaudreau, Laporte
167, rue Notre Dame de l'Île
Gatineau, Quebec
J8X 3T3
Telephone: (819) 770-7928
FAX: (819) 770-1424
Email: bergeron.gaudreau@qc.aira.com

Party: Gerry Largy and Maurice Galvin

Counsel
Name
Ghislain Richer
Contact information
Richer & Associés
210 - 780, rue King Ouest
Sherbrooke, Quebec
J1H 1R7
Telephone: (819) 820-2600
FAX: (819) 820-2722
Email: gricher@abacom.com
Agent
Name
Richard Gaudreau
Contact information
Bergeron, Gaudreau, Laporte
167, rue Notre Dame de l'Île
Gatineau, Quebec
J8X 3T3
Telephone: (819) 770-7928
FAX: (819) 770-1424
Email: bergeron.gaudreau@qc.aira.com

Party: St-Patrick's Academy "Old Boys" Association Inc.

Counsel
Name
Jean Beaudry
Contact information
Jean Beaudry & Associés
47, rue Laurier
Magog, Quebec
J1X 2K2
Telephone: (819) 843-4603
FAX: (819) 847-3871

Summary

Keywords

None.

Summary

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Contracts - Nullity - Sale - Conditions - Company law - Association's constitution providing for internal formalities required for alienation of association's property - Formalities sidestepped in context of dispute surrounding planned sale - Whether failure to comply with its internal procedure can relieve company of contractual liability - Whether indoor management rule must be excluded only in case of blatant bad faith and not because of carelessness and negligence.

The Respondent association's property was sold to the Applicant Grenier in 2002 in violation of the prior approval formalities provided for in the association's constitution. Two of the association's representatives (the other two Applicants) signed the deed. The evidence showed that the deed's various signatories were aware of the internal dispute that upset the association with regard to the sale and its approval.

Lower court rulings

May 31, 2005
Superior Court of Quebec

450-05-004858-029

Annulation de la vente de propriété de l'intimée en date du 8 mars 2002; annulation de l'offre d'achat des demandeurs en date du 27 avril 2001; ordonnance de restitution du dépôt en fiducie.

October 5, 2006
Court of Appeal of Quebec (Montréal)

500-09-015757-057

Appel rejeté.

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 613-996-8666 or at 1-844-365-9662.

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

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 613-996-8666 or at 1-844-365-9662.

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

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 613-996-8666 or at 1-844-365-9662.

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

Webcasts

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Date modified: 2025-02-27