Case information
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34733
Association canadienne contre l'impunité v. Anvil Mining Limited
(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) |
|---|---|---|
| 2012-11-08 | Close file on Leave | |
| 2012-11-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-11-02 | Judgment on leave sent to the parties | |
| 2012-11-01 |
Judgment of the Court on the application for leave to appeal, The motion for leave to intervene of Essex Business and Human Rights Project and Essex Human Rights Clinic is dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-021701-115, 2012 QCCA 117, dated January 24, 2012, is dismissed with costs. Dismissed, with costs |
|
| 2012-11-01 |
Decision on motion for leave to intervene, see judgment Dismissed |
|
| 2012-09-24 | All materials on application for leave submitted to the Judges, LeB Abe Cro | |
| 2012-09-24 | Submission of motion for leave to intervene, LeB Abe Cro | |
| 2012-05-16 | Reply to the motion for leave to intervene., (Letter Form), Completed on: 2012-05-16 | Essex Business and Human Rights Project and Human Rights Clinic |
| 2012-05-09 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2012-05-09 | Anvil Mining Limited |
| 2012-05-07 | Applicant's reply to respondent's argument, Completed on: 2012-05-08 | Association canadienne contre l'impunité |
| 2012-04-25 | Motion for leave to intervene, Completed on: 2012-04-25 | Essex Business and Human Rights Project and Human Rights Clinic |
| 2012-04-25 | Respondent's response on the application for leave to appeal, Volumes 1 to 3, (service missing - rec'd May 3), 1 copy of response missing - rec'd April 30, 2012, Completed on: 2012-05-02 | Anvil Mining Limited |
| 2012-03-28 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2012-03-26 | Application for leave to appeal, 3 volumes, service missing - rec'd April 2, 2012, Completed on: 2012-04-02 | Association canadienne contre l'impunité |
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 |
|---|---|---|
| Association canadienne contre l'impunité | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Anvil Mining Limited | Respondent | Active |
Counsel
Party: Association canadienne contre l'impunité
Counsel
Me Philippe H. Trudel
Bureau 90
750, Côte de la Place d'Armes
Montréal, Quebec
H2Y 2X8
Telephone: (514) 871-8385
FAX: (514) 871-8800
Email: bwjohnston@trudeljohnston.com
Party: Anvil Mining Limited
Counsel
Me Pierre-Jérôme Bouchard
2500 - 1000 De La Gauchetière O.
Montréal, Quebec
H3B 0A2
Telephone: (514) 397-4173
FAX: (514) 875-6246
Email: jflehoux@mccarthy.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.
Private international law — Jurisdiction of Quebec court based on activities of defendant with office in Quebec — Forum of necessity — Rebellion put down by Congolese army in Kilwa in 2004 — Officers acquitted of war crimes and respondent acquitted of complicity in military proceeding in Congo — Victims unable to bring civil proceedings in Australia, where respondent has head office — Motion to institute class action against respondent in Quebec, where it has had place of business since 2005 — Respondent raising declinatory exception on ground of lack of jurisdiction of Quebec court — For Quebec court to have jurisdiction, whether foreign legal person’s Quebec activities must exist at time when action instituted or at time when cause of action arose — Whether, in considering court’s jurisdiction, Court of Appeal erred in imposing burden on applicant to prove participation of Quebec office in alleged fault — If Quebec court has jurisdiction, whether it is nonetheless forum non conveniens in this case — If Quebec court does not have jurisdiction, whether it is nonetheless forum of necessity in this case — Civil Code of Québec, S.Q. 1991, c. 64, arts. 3148(2), 3135 and 3136.
The Congolese army put down a rebellion in Kilwa in October 2004. In 2006, nine officers were charged with war crimes; Anvil was charged with complicity. On June 28, 2007, a Congolese military court exonerated the accused. Since a civil action seemed to be barred in Congo as a result of the military judgment, which disposed of it incidentally, the applicant commenced a civil action in Australia, where Anvil has its head office, but could not continue the action because it had no counsel. It is now seeking authorization for a class action in Quebec, since Anvil has had an office in Montréal since 2005.
Lower court rulings
Superior Court of Quebec
2011 QCCS 1966, 500-06-000530-101
Respondent’s declinatory exception dismissed; Quebec court declared to have jurisdiction
Court of Appeal of Quebec (Montréal)
2012 QCCA 117, 500-09-021701-115
Appeal allowed; Quebec court declared to have no jurisdiction
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