Case information
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35410
Linda Hammerschmid v. Hélène Nadon Corriveau
(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) |
|---|---|---|
| 2013-12-17 | Close file on Leave | |
| 2013-11-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-11-29 | Judgment on leave sent to the parties | |
| 2013-11-28 |
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 500-09-023480-130, 2013 QCCA 648, dated April 12, 2013, is dismissed without costs. Dismissed, without costs |
|
| 2013-11-04 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2013-06-11 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-06-11 | Application for leave to appeal, (Book Form), Completed on: 2013-06-11 | Linda Hammerschmid |
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 |
|---|---|---|
| Hammerschmid, Linda | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Nadon Corriveau, Hélène | Respondent | Active |
Counsel
Party: Hammerschmid, Linda
Counsel
Suite 1290
1 Westmount Square
Westmount, Quebec
H3Z 2P9
Telephone: (514) 426-3639
Email: hammerschmid@vif.ca
Party: Nadon Corriveau, Hélène
This party is not represented by counsel.
Summary
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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.
Contracts – Non performance – Injury – Moratory damages – Interest – Action in contractual liability dismissed on ground that only interest could be awarded to compensate for injury sustained by applicant as result of respondent’s delay in performing obligation to pay sum of money – Whether Court of Appeal should have granted leave to appeal – Civil Code of Québec, S.Q. 1991, c. 64, arts. 1458, 1617; Code of Civil Procedure, R.S.Q. c. C 25, art. 26.
The applicant, Ms. Hammerschmid, an attorney, acted on behalf of the respondent, Ms. Nadon Corriveau, in family proceedings. The professional services mandate was signed on May 12, 2011. On June 10, 2011, the respondent was sent invoices totalling $58,703.79. On July 7, 2011, the respondent signed an acknowledgment of debt for that amount. On May 2, 2012, Ms. Hammerschmid instituted legal proceedings against the respondent claiming $45,000 in compensatory and exemplary damages. She alleged that the respondent was refusing to pay the amount owed, causing her pecuniary loss and psychological injury. On August 30, 2012, the Court of Québec homologated the acknowledgment of debt signed by the respondent, declared the amount due and exigible and ordered that interest at the legal rate and the additional indemnity provided for in art. 1619 C.C.Q. apply.
On February 4, 2013, the Court of Québec dismissed Ms. Hammerschmid’s action. Judge Gouin found that the action was unfounded because, under art. 1617 C.C.Q., damages which result from delay in the performance of an obligation to pay a sum of money consist of interest. The judgment of August 30, 2012 already included a conclusion to that effect. A professional whose client refuses or neglects to pay for services rendered cannot claim damages to compensate for the monetary value of the steps that must be taken by the professional in order to be paid. St Pierre J.A. of the Court of Appeal refused leave to appeal.
Lower court rulings
Court of Quebec
500-22-092097-122
See file
Court of Appeal of Quebec (Montréal)
2013 QCCA 648, 500-09-023480-130
See file
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