Case information
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32725
Cautionnements mutuels des Amériques Inc. v. Aristide Brousseau & Fils Limitée
(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) |
|---|---|---|
| 2009-01-27 | Close file on Leave | |
| 2009-01-26 | Certificate of taxation issued to, William Assels | |
| 2009-01-23 | Decision on the bill of costs, In the amount of $1,001.50, DeRg | |
| 2009-01-14 | Submission of the bill of costs, DeRg | |
| 2008-12-15 | Bill of costs, Completed on: 2008-12-15 | Aristide Brousseau & Fils Limitée |
| 2008-12-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2008-12-05 | Judgment on leave sent to the parties | |
| 2008-12-04 |
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 (Québec), Number 200-09-006249-087, 2008 QCCA 858, dated May 5, 2008, is dismissed with costs. Dismissed, with costs |
|
| 2008-10-20 | All materials on application for leave submitted to the Judges, LeB De Cha | |
| 2008-08-28 | Book of authorities, Service missing - Rec'd on Sept. 3, 2008 | Aristide Brousseau & Fils Limitée |
| 2008-08-28 | Respondent's response on the application for leave to appeal, Service missing - Rec'd on Sept. 3, 2008, Completed on: 2008-09-04 | Aristide Brousseau & Fils Limitée |
| 2008-07-29 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2008-07-24 | Book of authorities | Cautionnements mutuels des Amériques Inc. |
| 2008-07-24 | Application for leave to appeal, Completed on: 2008-07-29 | Cautionnements mutuels des Amériques 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
| Name | Role | Status |
|---|---|---|
| Cautionnements mutuels des Amériques Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Aristide Brousseau & Fils Limitée | Respondent | Active |
Counsel
Party: Cautionnements mutuels des Amériques Inc.
Counsel
200-79, boul. René-Lévesque est
Québec, Quebec
G1T 4T4
Telephone: (418) 692-4180
FAX: (418) 692-5321
Email: strudel@avbt.com
Party: Aristide Brousseau & Fils Limitée
Counsel
100A, boul. Gérard-D Lévesque
C.P. 727
New Carlisle, Quebec
G0C 1Z0
Telephone: (418) 752-3351
FAX: (418) 752-2740
Email: wassels@globetrotter.net
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 - Suretyship - Liability of and to surety - Reduction of surety’s burden - Contract awarded to contractor by project developer on condition that surety be furnished to guarantee claims of subcontractors against contractor - Surety furnished - Project closed down by developer - Developer failing to perform obligations to contractor - Contractor going bankrupt - Subcontractor demanding payment from contractor’s surety - Investor acquiring portion of subcontractor’s claim against developer in exchange for discharge - Whether developer’s abandonment of construction project and failure to pay general contractor resulted in discharge of sureties furnished in respect of project - Extent to which discharges given by subcontractor to developer (including discharges given pursuant to arrangement made under CCAA) can discharge contractor’s surety under art. 2365 of Civil Code of Québec (“subrogation exception”) - Civil Code of Québec, S.Q. 1991, c. 64, arts. 1450, 2364, 2365.
Under a construction contract between Gaspésia, the developer, and Oméga, the contractor, Oméga was required to furnish a surety to guarantee payment of subcontractors. The surety was CMA, the Applicant. The project was subsequently closed down by the developer and the contractor declared bankruptcy. The Respondent subcontractor, Brousseau, demanded payment of a $148,208 claim against Oméga from CMA. The Superior Court allowed the Respondent’s action and the Court of Appeal dismissed the appeal.
Lower court rulings
Superior Court of Quebec
200-17-004548-046
Appel accueilli en partie
Court of Appeal of Quebec (Québec)
200-09-006249-087, 2008 QCCA 858
Appel rejetté
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
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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 613-996-8666 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
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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 613-996-8666 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
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