Case information
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34923
Carrefour Ste-Adèle inc., et al. v. Société des loteries vidéo du Québec inc.
(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) |
|---|---|---|
| 2013-05-23 | Close file on Leave | |
| 2013-05-23 | Discontinuance of the bill of costs | Société des loteries vidéo du Québec inc. |
| 2013-05-23 | Correspondence received from, Sally Gomery by fax, re: taxation settled between parties, withdraw notice of taxation | Société des loteries vidéo du Québec inc. |
| 2013-01-09 | Bill of costs, (fees to follow), Incomplete | Société des loteries vidéo du Québec inc. |
| 2012-12-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-12-07 | Judgment on leave sent to the parties | |
| 2012-12-06 |
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 500-09-020199-097, 2012 QCCA 885, dated May 14, 2012, is dismissed with costs. Dismissed, with costs |
|
| 2012-10-29 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2012-09-14 | Applicant's reply to respondent's argument, Completed on: 2012-09-14 | Carrefour Ste-Adèle inc. |
| 2012-09-10 | Respondent's response on the application for leave to appeal, Completed on: 2012-09-10 | Société des loteries vidéo du Québec inc. |
| 2012-08-10 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2012-08-10 | Book of authorities | Carrefour Ste-Adèle inc. |
| 2012-08-10 | Application for leave to appeal, (2 volumes) CD rec'd Aug. 17/12, Completed on: 2012-08-10 | Carrefour Ste-Adèle 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 |
|---|---|---|
| Carrefour Ste-Adèle inc. | Applicant | Active |
| 9075-4961 Québec inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Société des loteries vidéo du Québec inc. | Respondent | Active |
Counsel
Party: Carrefour Ste-Adèle inc.
Counsel
Boisbriand, Quebec
J8B 2P5
Telephone: (514) 953-3960
FAX: (514) 971-5640
Email: joseph@dydzak.com
Party: 9075-4961 Québec inc.
Counsel
Boisbriand, Quebec
J8B 2P5
Telephone: (514) 953-3960
FAX: (514) 971-5640
Email: joseph@dydzak.com
Party: Société des loteries vidéo du Québec inc.
Counsel
Jean-François Michaud
1 Place Ville Marie
Suite 2500
Montréal, Quebec
H3B 1R1
Telephone: (514) 847-4747
FAX: (514) 286-5474
Email: olivierkott@nortonrose.com
Agent
1500-45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8604
FAX: (613) 230-5459
Email: sally.gomery@nortonrose.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.
Civil Code — Contracts — Contractual clause — Damages — Prior notice of resiliation — Whether Court of Appeal erred in condoning fact that retailers forced to accept amendments to their contract of adhesion imposed on them — Orders that courts can make to protect retailers where termination clause in contract of adhesion used improperly to impose amendments to contract — Whether Court of Appeal erred in concluding that financial compensation did not have to be awarded when bad faith and damage proved.
The Société des loteries vidéo du Québec inc. (the company) was created to manage the network of video lottery machines (VLMs) throughout the province. The applicants, Le Carrefour Ste Adèle Inc. and 9075 4961 Québec Inc., owned establishments with liquor permits in which they operated a number of VLMs in exchange for royalties. The royalty rate was initially 30%, with the company collecting 70% of the income. In 2001, the company reduced the royalty rate from 30% to 26% through a “take it or leave it” addendum to the contract. An application for a provisional interlocutory injunction was made and summarily dismissed in light of the [TRANSLATION] “clear terms of the contract”. On October 6, 2003, the company notified the applicants that it intended to reduce the royalties again from 26% to 22% as of November 16, 2003. The company then informed the applicants that it would take steps to resiliate their contract if they did not accept. On October 30, 2003, the applicants filed a motion for a declaratory judgment and for a provisional, interlocutory and permanent injunction. They asked that the company give them reasonable notice before reducing the royalty rate. On November 3, 2003, Madam Justice Nicole Bénard dismissed the applicants’ application for a provisional injunction. On October 29, 2007, the company sought to have the applicants’ action dismissed and, in the alternative, to resiliate all the contracts between it and the applicants.
Lower court rulings
Superior Court of Quebec
500-17-017786-032
Applicants’ motion allowed in part;
Respondent ordered to give applicants 12 months’ notice in case of unilateral amendments to royalty rate;
Motion for award of damages dismissed;
Defence and cross demand dismissed
Court of Appeal of Quebec (Montréal)
2012 QCCA 885, 500-09-020199-097
Principal appeal dismissed;
Incidental appeal allowed for sole purpose of striking out conclusion at para. 174 of trial judgment
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
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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 613-996-8666 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
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