Case information
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34023
Majid Shakibaian v. Royal Bank of Canada
(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) |
|---|---|---|
| 2011-03-18 | Close file on Leave | |
| 2011-03-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-03-11 | Judgment on leave sent to the parties | |
| 2011-03-10 |
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 200-09-007151-100, 2010 QCCA 1860, dated October 12, 2010, is dismissed without costs. Dismissed, without costs |
|
| 2011-01-31 | All materials on application for leave submitted to the Judges, LeB De Cha | |
| 2011-01-10 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2010-12-23 | Respondent's response on the application for leave to appeal, (Letter Form), From Jean-François Bienjonetti dated December 22, 2010. Re: Will not be filing a response, Completed on: 2010-12-23 | Royal Bank of Canada |
| 2010-12-13 | Application for leave to appeal, Completed on: 2010-12-13 | Majid Shakibaian |
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 |
|---|---|---|
| Shakibaian, Majid | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Royal Bank of Canada | Respondent | Active |
Counsel
Party: Shakibaian, Majid
This party is not represented by counsel.
Party: Royal Bank of Canada
Counsel
900, boul. René-Lévesque Est
Bureau 600
Québec, Quebec
G1R 2B5
Telephone: (418) 524-5131
FAX: (418) 524-1717
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.
Civil procedure – Appeal – Time – Time to appeal expired – Whether Court of Appeal erred in denying special leave to appeal – Code of Civil Procedure, R.S.Q., c. C-25, art. 523.
In February 2007, the respondent, the Royal Bank of Canada, instituted an action in extracontractual liability against the applicant, Mr. Shakibaian, to recover $345,388.50 in losses incurred as the result of fraudulent acts. The Bank alleged that Mr. Shakibaian had misappropriated the funds through a debit card cloning scheme. In 2007, Mr. Shakibaian pleaded guilty to criminal charges of fraud related to the cloning and use of debit cards belonging to the Bank’s clients.
In March 2010, Ouellet J. of the Superior Court allowed the Bank’s action. The judge held that the Bank had proved on a balance of probabilities that Mr. Shakibaian had committed a civil fault by appropriating funds to the Bank’s detriment through a card cloning scheme. He found that the Bank had proved that Mr. Shakibaian had defrauded it of $345,388.50 and that the Bank had refunded this amount to its customers. The judge ordered Mr. Shakibaian to pay back this amount.
Five months after that judgment, Mr. Shakibaian filed a motion for leave to appeal to the Court of Appeal even though the prescribed 30-day time limit had expired. Applying art. 523 C.C.P., the Court dismissed the motion on the basis that Mr. Shakibaian had not shown that it was impossible for him to act sooner, and that, in any event, the appeal would have no reasonable chance of success.
Lower court rulings
Superior Court of Quebec
200-17-008028-078, 200-18-000712-073, 2010 QCCS 1460
Demande introductive d'instance accueillie; demandeur condamné au paiement de dommages-intérêts compensatoires.
Court of Appeal of Quebec (Québec)
200-09-007151-100, 2010 QCCA 1860
Demande de permission spéciale d'appeler 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