Case information
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33679
Rolande Nadeau, personally and in her capacity as liquidator of the estate of Noëlla Nadeau, et al. v. Jacques Nadeau, 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) |
|---|---|---|
| 2010-11-22 | Close file on Leave | |
| 2010-11-12 | Certificate of taxation issued to, M. Paradis | |
| 2010-10-21 | Decision on the bill of costs, in the amount of $1,123.79, Reg | |
| 2010-10-21 | Submission of the bill of costs, Reg | |
| 2010-08-10 | Bill of costs, Completed on: 2010-08-10 | Jacques Nadeau |
| 2010-07-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-07-16 | Judgment on leave sent to the parties | |
| 2010-07-15 |
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 200-09-005866-071, 2010 QCCA 341, dated February 23, 2010, is dismissed with costs. Dismissed, with costs |
|
| 2010-06-14 | All materials on application for leave submitted to the Judges, LeB De Cha | |
| 2010-05-31 | Applicant's reply to respondent's argument, Completed on: 2010-05-31 | Rolande Nadeau, personally and in her capacity as liquidator of the estate of Noëlla Nadeau |
| 2010-05-28 | Correspondence received from, Stéphanie Doyon dated May 27, 2010. Re: Filing of two amended affidavits | Rolande Nadeau, personally and in her capacity as liquidator of the estate of Noëlla Nadeau |
| 2010-05-28 | Affidavit, Two affidavits in support of the application | Rolande Nadeau, personally and in her capacity as liquidator of the estate of Noëlla Nadeau |
| 2010-05-26 | Correspondence received from, Daniel Cayer dated May 25, 2010. Re: Affidavits of Rolande and Colette Nadeau in support of application | Rolande Nadeau, personally and in her capacity as liquidator of the estate of Noëlla Nadeau |
| 2010-05-21 | Respondent's response on the application for leave to appeal, Completed on: 2010-05-21 | Jacques Nadeau |
| 2010-04-27 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2010-04-23 | Book of authorities | Rolande Nadeau, personally and in her capacity as liquidator of the estate of Noëlla Nadeau |
| 2010-04-23 | Application for leave to appeal, (5 volumes), Completed on: 2010-04-23 | Rolande Nadeau, personally and in her capacity as liquidator of the estate of Noëlla Nadeau |
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 |
|---|---|---|
| Rolande Nadeau, personally and in her capacity as liquidator of the estate of Noëlla Nadeau | Applicant | Active |
| Colette Nadeau, Murielle Nadeau, Benoît Nadeau, Colette Nadeau and Jean-Guy Nadeau, in their capacity as liquidators of the estate of Gabrielle Caux Nadeau | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Nadeau, Jacques | Respondent | Active |
| Adrienne Nadeau Thibodeau, Jeanne Nadeau Boyle, Ginette Nadeau, Jeanne Nadeau Boyle and Alain Nadeau, in their capacity as liquidators of the estate of Alfred Nadeau | Respondent | Active |
| Jean-Pierre Nadeau, Louise Nadeau and Jacques Nadeau, in their capacity as liquidators of the estate of Albert Nadeau and Jeanne Nadeau, Adrienne Nadeau Thibodeau and Michel Nadeau, in their capacity as liquidators of the estate of Rose Nadeau | Respondent | Active |
| Nadeau & Frères Ltée | Respondent | Active |
Counsel
Party: Rolande Nadeau, personally and in her capacity as liquidator of the estate of Noëlla Nadeau
Counsel
2400, avenue de Bourgogne
Chambly, Quebec
J3L 2A4
Telephone: (450) 447-9977
FAX: (450) 447-0465
Email: dcayer@colegal.ca
Party: Colette Nadeau, Murielle Nadeau, Benoît Nadeau, Colette Nadeau and Jean-Guy Nadeau, in their capacity as liquidators of the estate of Gabrielle Caux Nadeau
Counsel
2400, avenue de Bourgogne
Chambly, Quebec
J3L 2A4
Telephone: (450) 447-9977
FAX: (450) 447-0465
Email: dcayer@colegal.ca
Party: Nadeau, Jacques
Counsel
Caroline Légaré
520 - 500 Grande-Allée Est
Québec, Quebec
G1R 2J7
Telephone: (418) 640-5000
FAX: (418) 640-1500
Party: Adrienne Nadeau Thibodeau, Jeanne Nadeau Boyle, Ginette Nadeau, Jeanne Nadeau Boyle and Alain Nadeau, in their capacity as liquidators of the estate of Alfred Nadeau
Counsel
Caroline Légaré
520 - 500 Grande-Allée Est
Québec, Quebec
G1R 2J7
Telephone: (418) 640-5000
FAX: (418) 640-1500
Party: Jean-Pierre Nadeau, Louise Nadeau and Jacques Nadeau, in their capacity as liquidators of the estate of Albert Nadeau and Jeanne Nadeau, Adrienne Nadeau Thibodeau and Michel Nadeau, in their capacity as liquidators of the estate of Rose Nadeau
Counsel
Caroline Légaré
520 - 500 Grande-Allée Est
Québec, Quebec
G1R 2J7
Telephone: (418) 640-5000
FAX: (418) 640-1500
Party: Nadeau & Frères Ltée
Counsel
Caroline Légaré
520 - 500 Grande-Allée Est
Québec, Quebec
G1R 2J7
Telephone: (418) 640-5000
FAX: (418) 640-1500
Summary
Keywords
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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.
Successions - Liquidators - Civil liability - Allegations of deception and breaches of trust made against liquidators by heirs - Belated discovery of transactions that had been concealed by liquidators of succession opened decades earlier - Action for damages adjusted to present-day value - Action dismissed with costs despite finding that faults had been committed - Whether financial transactions made in course of liquidation constituted faults causing injury - Whether liquidators’ bad faith should result in order for extrajudicial costs - Whether costs order against Applicants inequitable in light of finding of faults committed by liquidators - Whether extinctive prescription is suspended while cause of action remains unknown - Whether Applicants are justified in believing that they were deprived of their right to fair, equitable and impartial hearings and that justice was not seen to be done.
Mr. Gaudias Nadeau died in 1968. His heirs were his wife and their six children. The liquidators were one of his brothers, who along with him had been a director of Nadeau & frères, and one of his sisters. The bulk of the assets, valued at half a million dollars by the liquidators, consisted of shares in that company. In 1997, while carrying out research to put together their family archives, one of Nadeau’s daughters discovered that in the course of the liquidation, transactions benefiting the liquidators had been made without the heirs’ knowledge. Nadeau’s heirs sued the liquidators for damages adjusted to their value at that time, $5 million. The Superior Court dismissed the action on the basis that, in certain respects, it was prescribed and that, in other respects, there was insufficient evidence, but above all because the proved part of the liquidators’ faults had not caused the heirs personal damage. The Court of Appeal upheld that decision, holding that the entire action was prescribed, and struck the portion of the requested extrajudicial costs that the trial judge had awarded to the Applicants on the basis of obstruction by the Respondents.
Lower court rulings
Superior Court of Quebec
200-05-010444-987
Action des demandeurs rejetée; frais extrajudiciaires accordés en partie aux demandeurs.
Court of Appeal of Quebec (Québec)
200-09-005866-071, 2010 QCCA 341
Appel rejeté; annulation des frais extrajudiciaires accordés.
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