Case information
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33823
Yvon McCutcheon, et al. v. Caisse Populaire Desjardins du lac Memphremagog, 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) |
|---|---|---|
| 2012-01-18 | Close file on Leave | |
| 2012-01-18 | Reconsideration not accepted for filing, (documents returned) | |
| 2011-05-09 | Affidavit, supplemental (bookform) | Yvon McCutcheon |
| 2011-04-15 | Correspondence received from, Lise Robert dated Apr. 15/11 re documents to file | Yvon McCutcheon |
| 2011-01-18 | Correspondence received from, Yves Renaud dated Jan. 18/11 in response to the letter dated Jan. 12/11 | Yvon McCutcheon |
| 2011-01-12 | Response to motion for reconsideration of the application for leave to appeal, (Letter Form), from Sonia Paradis dated Jan. 12/11, Completed on: 2011-01-12 | Caisse Populaire Desjardins du lac Memphremagog |
| 2011-01-12 | Motion for reconsideration of the application for leave to appeal, Completed on: 2011-01-12 | Yvon McCutcheon |
| 2010-12-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-12-03 | Judgment on leave sent to the parties | |
| 2010-12-02 |
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 (Montréal), Number 500-09-020288-106, 2010 QCCA 1082, dated June 3, 2010, is dismissed with costs. Dismissed, with costs |
|
| 2010-11-01 | All materials on application for leave submitted to the Judges, LeB De Cha | |
| 2010-10-01 | Respondent's response on the application for leave to appeal, Completed on: 2010-10-01 | Caisse Populaire Desjardins du lac Memphremagog |
| 2010-09-03 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2010-09-02 | Book of authorities | Yvon McCutcheon |
| 2010-09-02 | Application for leave to appeal, (3 volumes), Completed on: 2010-09-02 | Yvon McCutcheon |
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 |
|---|---|---|
| McCutcheon, Yvon | Applicant | Active |
| 9096-8348 Québec inc. and Lise Robert | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Caisse Populaire Desjardins du lac Memphremagog | Respondent | Active |
| France Brousseau and Jean-Claude Dupont | Respondent | Active |
Counsel
Party: McCutcheon, Yvon
Counsel
Montréal, Quebec
H2H 1J6
Telephone: (514) 388-8329
FAX: (514) 522-2120
Party: 9096-8348 Québec inc. and Lise Robert
Counsel
Montréal, Quebec
H2H 1J6
Telephone: (514) 388-8329
FAX: (514) 522-2120
Party: Caisse Populaire Desjardins du lac Memphremagog
Counsel
625, avenue du Président-Kennedy
bureau 1111
Montréal, Quebec
H3A 1K2
Telephone: (514) 499-7468
FAX: (514) 499-7478
Email: sparadisdonatimaisonneuve.ca
Party: France Brousseau and Jean-Claude Dupont
Counsel
625, avenue du Président-Kennedy
bureau 1111
Montréal, Quebec
H3A 1K2
Telephone: (514) 499-7468
FAX: (514) 499-7478
Email: sparadisdonatimaisonneuve.ca
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 – Action – Preliminary exception – Extinctive prescription – Whether trial judge erred in concluding that Applicants’ action prescribed.
In 2001, the Respondents refused to disburse $45,000 to finance the second phase of an expansion project for the Applicants’ farm. In March 2003, the Caisse began calling in loans made to the Applicants. It put the Applicants in default in June 2003 and instituted debt recovery proceedings in July of the same year. In September, it brought an action for surrender against the Applicants. Judgment was rendered by default against the Applicants on November 24, 2003.
On November 15, 2006, the Applicants brought an action against the Respondents claiming nearly $23,000,000. The motion to institute proceedings (which was amended several times over the years) alleged, inter alia, that the Respondents had acted unlawfully, dishonestly and improperly by refusing to disburse the $45,000 in 2001. According to the Applicants, the Respondents’ purpose in doing so had been solely to prevent them from fulfilling their obligations and thus to make it possible for the Respondents to realize on their security. The Applicants were also critical of some of the Respondents’ actions during the recovery proceedings. Finally, the motion to institute proceedings, as amended again in 2009, alleged that in 2007 the Applicants had become aware of several transactions that the Respondents had conducted improperly and without right in 2000 and 2001.
The Respondents made a preliminary objection to the action, arguing that it was prescribed. The Superior Court allowed the preliminary exception. In a judgment rendered from the bench, the Court of Appeal found that the trial judge had properly directed herself as to the law and that her judgment contained no reviewable error. It therefore dismissed the appeal.
Lower court rulings
Superior Court of Quebec
2009 QCCS 5701, 500-17-033855-068
Requête des intimés en irrecevabilité et en rejet d’action accueillie; action des demandeurs rejetée
Court of Appeal of Quebec (Montréal)
2010 QCCA 1082, 500-09-020288-106
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 613‑996‑7933 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