Case information
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34159
Boris Osadchuk v. Financière Banque Nationale inc., 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) |
|---|---|---|
| 2011-12-02 | Close file on Leave | |
| 2011-11-29 | Certificate of taxation issued to, Élisabeth Laroche | |
| 2011-11-24 | Decision on the bill of costs, in the amount of $1,095.29, Reg | |
| 2011-11-23 | Submission of the bill of costs, Reg | |
| 2011-09-26 | Bill of costs, Completed on: 2011-09-26 | Financière Banque Nationale inc. |
| 2011-09-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-09-02 | Judgment on leave sent to the parties | |
| 2011-09-01 |
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 500-09-019265-099, 2011 QCCA 150, dated January 26, 2011, is dismissed with costs. Dismissed, with costs |
|
| 2011-07-11 | All materials on application for leave submitted to the Judges, LeB F Cro | |
| 2011-04-21 | Respondent's response on the application for leave to appeal, Completed on: 2011-04-21 | Financière Banque Nationale inc. |
| 2011-03-28 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-03-25 | Application for leave to appeal, (2 volumes), Completed on: 2011-03-28 | Boris Osadchuk |
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 |
|---|---|---|
| Osadchuk, Boris | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Financière Banque Nationale inc. | Respondent | Active |
| Rémillard, Claude | Respondent | Active |
Counsel
Party: Osadchuk, Boris
Counsel
150 St-Jacques
Bureau 200
Granby, Quebec
J2G 8V6
Telephone: (450) 375-5620
FAX: (450) 375-8723
Party: Financière Banque Nationale inc.
Counsel
1250, boul. René-Lévesque Ouest
bureau 2500
Montréal, Quebec
H3B 4Y1
Telephone: (514) 846-2215
FAX: (514) 846-3427
Email: elaroche@heenan.ca
Party: Rémillard, Claude
Counsel
1250, boul. René-Lévesque Ouest
bureau 2500
Montréal, Quebec
H3B 4Y1
Telephone: (514) 846-2215
FAX: (514) 846-3427
Email: elaroche@heenan.ca
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 liability Mandate - Allegation of negligence against stockbroker for failure to buy shares at time directed by client - Allegation of bias or appearance of bias on trial judge’s part Whether Court of Appeal erred in refusing to remedy situation liable to bring administration of justice into disrepute.
Boris Osadchuk, a farmer from Saint Pie de Bagot, follows and plays the stock market. His adviser and broker at the time in question was the respondent Rémillard. At that time, he was making many transactions and was on friendly terms with his broker. While they were having lunch together on Thursday, August 4, 2005, Mr. Osadchuk expressed an interest in Baidu, a company specializing in Internet search engines in China that was preparing to make a public offering the next day. On that day, August 5, at 9:30 a.m., the broker spoke to his customer by telephone. Seeing that, according to the on-screen stock ticker, the coveted stock was not being traded, he left to play golf as he had planned to do. Around 1:30 p.m., the customer saw on television that Baidu stock had been trading for two hours and was already rising fast. The following week, he complained about the lost profit opportunity. After sending a notice of default, he received a notice of termination of mandate from the respondent FBN. He then claimed $285,476 in damages.
Lower court rulings
Superior Court of Quebec
2008 QCCS 5658, 750-17-000987-069
Rejet de l’action du demandeur en dommages-intérêts contre les intimés.
Court of Appeal of Quebec (Montréal)
2011 QCCA 150, 500-09-019265-099
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 613‑996‑7933 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
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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