Case information
Consult our database for details on a Supreme Court of Canada case.
33966
Benoît Laliberté v. Autorité des marchés financiers
(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) |
|---|---|---|
| 2011-04-29 | Close file on Leave | |
| 2011-04-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-04-26 | Judgment on leave sent to the parties | |
| 2011-04-21 |
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 (Montréal), Number 500-10-004404-099, 2010 QCCA 1764, dated September 16, 2010, is dismissed with costs. Dismissed, with costs |
|
| 2011-04-21 |
Decision on motion to extend time to file and /or serve the leave application, The motion for an extension of time to serve and file the application for leave to appeal is granted. Granted |
|
| 2011-03-21 | All materials on application for leave submitted to the Judges, LeB De Cha | |
| 2011-03-21 | Submission of motion to extend time to file and/ or serve the leave application, LeB De Cha | |
| 2011-01-20 | Respondent's response on the application for leave to appeal, Completed on: 2011-01-20 | Autorité des marchés financiers |
| 2010-12-03 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2010-12-01 | Motion to extend the time to file and or serve the application for leave to appeal, Included in the application, Completed on: 2010-12-03 | Benoît Laliberté |
| 2010-12-01 | Application for leave to appeal, Completed on: 2010-12-03 | Benoît Laliberté |
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 |
|---|---|---|
| Laliberté, Benoît | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Autorité des marchés financiers | Respondent | Active |
Counsel
Party: Laliberté, Benoît
Counsel
bureau 300
Montréal, Quebec
H2Y 1A3
Telephone: (514) 759-6862
FAX: (514) 866-2929
Email: alexandrebergevin@gmail.com
Party: Autorité des marchés financiers
Counsel
Stéphanie Lapierre
800, Place Victoria (Tour de la Bourse)
bureau 3700, C.P. 242
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-7557
FAX: (514) 397-7600
Email: mfabien@fasken.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.
Legislation — Interpretation — Professional discipline — Insider trading — Company officer trading thousands of shares without filing prescribed insider reports — Misrepresentation made — Fine calculated based on foreseeable profit — In associating concept of profit with calculation of minimum fine payable for insider trading, whether Act in force at relevant time meant only profit actually obtained from resale in short term or, as with maximum fine, any potential profit — Securities Act, R.S.Q. c. V 1.1, s. 204.
Mr. Laliberté was the president and chief executive officer of Jitec, an electronic games company. In July 2000, he had Jitec listed on the stock exchange through a reverse takeover of Altavista Mines. Between August 1, 2000 and March 1, 2001, he acquired thousands of shares of Jitec through a number of third parties without filing the appropriate insider reports. His hasty announcement of a partnership with a telephony company then raised the value of the security. The Autorité des marchés financiers alleged that he was guilty of insider trading and misrepresentation. The Court of Québec convicted him on 40 counts.
Lower court rulings
Superior Court of Quebec
2009 QCCS 1872, 500-36-004651-082, 500-36-004807-080
Maintien des quarante déclarations de culpabilité prononcées contre le demandeur par la Cour du Québec et ajout de troi8s autres.
Court of Appeal of Quebec (Montréal)
2010 QCCA 1764, 500-10-004404-099
Rejet de l'appel.
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
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 613-996-8666 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