Case information
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34364
Toyota Canada Inc., et al. v. Michael Melley
(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) |
|---|---|---|
| 2012-04-20 | Close file on Leave | |
| 2012-04-11 | Certificate of taxation issued to, Owen Falquero | |
| 2012-04-10 | Decision on the bill of costs, in the amount of $1,284.04, Reg | |
| 2012-04-04 | Submission of the bill of costs, Reg | |
| 2012-02-03 | Bill of costs, Completed on: 2012-02-03 | Michael Melley |
| 2011-12-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-12-09 | Judgment on leave sent to the parties | |
| 2011-12-08 |
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 500-09-021600-119, 2011 QCCA 829, dated May 5, 2011, is dismissed with costs. Dismissed, with costs |
|
| 2011-11-07 | All materials on application for leave submitted to the Judges, LeB Abe Cro | |
| 2011-09-08 | Applicant's reply to respondent's argument, Completed on: 2011-09-08 | Toyota Canada Inc. |
| 2011-09-02 | Book of authorities | Michael Melley |
| 2011-09-02 | Respondent's response on the application for leave to appeal, Completed on: 2011-09-02 | Michael Melley |
| 2011-08-08 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-08-04 | Application for leave to appeal, Completed on: 2011-08-08 | Toyota Canada Inc. |
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 |
|---|---|---|
| Toyota Canada Inc. | Applicant | Active |
| Toyota Motor Corporation and Toyota Motor North America | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Melley, Michael | Respondent | Active |
Counsel
Party: Toyota Canada Inc.
Counsel
Odette Jobin-Laberge
Jean Saint-Onge
4000 - 1 Place Ville-Marie
Montréal, Quebec
H3B 4M4
Telephone: (514) 877-2966
FAX: (514) 871-8977
Email: glemay@lavery.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Toyota Motor Corporation and Toyota Motor North America
Counsel
Odette Jobin-Laberge
Jean Saint-Onge
4000 - 1 Place Ville-Marie
Montréal, Quebec
H3B 4M4
Telephone: (514) 877-2966
FAX: (514) 871-8977
Email: glemay@lavery.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Melley, Michael
Counsel
Christianna Paschalidis
David Assor
10, rue Notre-Dame Est, bureau 200
Montréal, Quebec
H2Y 1B7
Telephone: (514) 842-7776
FAX: (514) 842-6687
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 — Class action — Mechanical defect in certain models of Toyota vehicles — Class actions in various Canadian jurisdictions with same cause of action — Whether Quebec action had to fail or be suspended for lis pendens — Whether multiplicity of proceedings constitutes abuse of process — Civil Code of Québec, S.Q. 1991, c. 64, art. 3137 — Code of Civil Procedure, R.S.Q. c. C 25, arts. 64.1, 165(1).
Certain Toyota vehicles were recalled in 2010 because of a braking problem. Class actions were instituted in Quebec and six other provinces. Toyota argued lis pendens and abuse of process.
Lower court rulings
Superior Court of Quebec
2011 QCCS 1229, 500-06-000499-109
Applicants’ motion to dismiss or suspend respondent’s proceeding seeking authorization for class action dismissed
Court of Appeal of Quebec (Montréal)
2011 QCCA 829, 500-09-021600-119
Leave to appeal refused with reasons
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