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.
33382
Suzanne Laniel v. Jocelyn Tessier
(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) |
|---|---|---|
| 2010-05-11 | Appeal closed | |
| 2010-05-11 | Discontinuance of the appeal, (by fax) (original requested - rec'd May 14/10) | Suzanne Laniel |
| 2010-05-11 | Correspondence received from, Pierre F. Carter dated May 10/10 re: enclosing a Notice of discontinuance of the appeal (by fax) | Suzanne Laniel |
| 2010-02-22 | Notice of appeal, Completed on: 2010-02-22 | Suzanne Laniel |
| 2010-01-22 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2010-01-22 | Appeal hearing tentative date, 2010-10-12, (start time 9:30 a.m.) | |
| 2010-01-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-01-22 | Judgment on leave sent to the parties | |
| 2010-01-21 |
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 200-09-006098-070, dated August 17, 2009, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2009-12-07 | All materials on application for leave submitted to the Judges, Bi F Cha | |
| 2009-11-12 | Book of authorities | Jocelyn Tessier |
| 2009-11-12 | Respondent's response on the application for leave to appeal, Completed on: 2009-11-12 | Jocelyn Tessier |
| 2009-10-23 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2009-10-15 | Application for leave to appeal, Completed on: 2009-10-15 | Suzanne Laniel |
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 |
|---|---|---|
| Laniel, Suzanne | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Tessier, Jocelyn | Respondent | Active |
Counsel
Party: Laniel, Suzanne
Counsel
5600, boul. des Galeries
Bureau 205
Quebec, Quebec
G2K 2H6
Telephone: (418) 628-1800
FAX: (418) 628-1801
Email: pfcarter@cartergourdeau.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Tessier, Jocelyn
Counsel
801, Grande-Allée Ouest
Bureau 300
Quebec, Quebec
G1S 1C1
Telephone: (418) 650-7000
FAX: (418) 650-7075
Email: guy.leblanc@kdl.ca
Agent
160 Elgin Street
26th Floor
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.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.
Civil liability - Insurance - Conditions of formation of life insurance contract - Broker negligent in forwarding all necessary information and cheque specimen to insurer - Insurer asking for that information and clarification regarding employment - Applicant dying before insurance took effect - Deceased’s spouse bound by hypothec that insurance was to have secured - Burden of proof for showing that delay resulting from broker’s proven negligence during formation of life insurance contract caused proven damage to another - Meaning of “modification” of insurance contract under art. 2425 C.C.Q. - Civil Code of Québec, S.Q. 1991, c. 64, arts. 1457, 2425, 2803.
Ms. Laniel’s spouse took out life insurance to secure a hypothec. The broker, Mr. Tessier, forwarded incomplete documents to the insurer, which asked for the missing information and another clarification. The Applicant died accidentally before the policy took effect, 51 days after signing his application and bank transfer authorization. Ms. Laniel brought a civil liability action against the broker.
Lower court rulings
Superior Court of Quebec
200-17-006026-058
Action de la demanderesse accueillie; intimé condamné à lui payer le montant de l'assurance vie
Court of Appeal of Quebec (Québec)
200-09-006098-070
Appel accueilli; action de la demanderesse 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
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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
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