Case information
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35551
Sylvain Paquette v. Nutrition Fitness cardio 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) |
|---|---|---|
| 2014-02-17 | Close file on Leave | |
| 2014-02-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-02-14 | Judgment on leave sent to the parties | |
| 2014-02-13 |
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 500-09-021575-113, 2013 QCCA 1238, dated July 10, 2013, is dismissed without costs. Dismissed, without costs |
|
| 2014-02-10 | Correspondence received from, (Letter Form), Sylvain Paquette, re.: the Right to a competent lawyer | Sylvain Paquette |
| 2014-02-04 | Order on miscellaneous motion, (by the Registrar) | |
| 2014-02-04 |
Decision on the miscellaneous motion, Reg, SUITE À LA REQUÊTE du demandeur en vertu du paragraphe 32(2) des Règles de la Cour suprême du Canada, sollicitant la permission de soumettre des documents supplémentaires au soutien de la demande d’autorisation d’appel, à savoir un courriel daté du 17 janvier 2014 et auquel est joint une requête en homologation datée du 3 juin 2009 et un procès-verbal datée du 24 février 2011. IL EST ORDONNÉ CE QUI SUIT : La requête est accueillie. Granted |
|
| 2014-02-04 | Submission of miscellaneous motion, Reg | |
| 2014-01-27 | Correspondence received from, (Letter Form), Mr. Paquette, email dated January 27, 2014, re.: judgment on the qualification of the supervisor | Sylvain Paquette |
| 2014-01-27 | Supplemental document, (Letter Form), Judgment dated November 8, 2007 - 9139-0914 Québec Inc, et al. v. Perron, et al. | Sylvain Paquette |
| 2014-01-24 | Supplemental document, (Letter Form), Judgment dated January 13, 2010 - Chevrette v. Her Majesty the Queen and a Judgment dated April 14, 2011 - Paquette v. Nutrition Fitness Cardio inc. | Sylvain Paquette |
| 2014-01-24 | Correspondence received from, (Letter Form), Mr. Paquette, applicant, email, re.: Acts done before the approval of the mandate can be cancelled. | Sylvain Paquette |
| 2014-01-21 | Notice of miscellaneous motion, (Letter Form), Fees missing, print copies missing (rec'd 01-23-2014), Completed on: 2014-01-23, (Printed version filed on 2014-01-23) | Sylvain Paquette |
| 2014-01-20 | Supplemental document, Email dated 01-20-2014, explaining that Me Vézina did not tell the truth with an attachment, Motion of the defendant for Homologation of transaction. | Sylvain Paquette |
| 2014-01-13 | Correspondence received from, Sylvain Paquette, re.: page 79 of the transcript | Sylvain Paquette |
| 2013-12-23 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2013-12-13 | Correspondence received from, (Letter Form), Applicant, email dated 2013-12-13, re.: a copy of page 60 of the stenograph's notes of February 24, 2011. | Sylvain Paquette |
| 2013-11-21 | Correspondence received from, Email letter dated 2013-11-20, re.: Error in the judgment of honourable Michel Déziel. | Sylvain Paquette |
| 2013-09-30 | Letter acknowledging receipt of an incomplete application for leave to appeal, File Opened | |
| 2013-09-27 | Correspondence (sent by the Court) to, The applicant, re.: Acknowledgement letter | |
| 2013-09-26 | Application for leave to appeal, (Book Form), fees missing (rec'd 2013-10-04), Completed on: 2013-10-04 | Sylvain Paquette |
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 |
|---|---|---|
| Paquette, Sylvain | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Nutrition Fitness cardio Inc. | Respondent | Active |
Counsel
Party: Paquette, Sylvain
This party is not represented by counsel.
Party: Nutrition Fitness cardio Inc.
This party is not represented by counsel.
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 – Homologation of transaction – Appeal from decision homologating transaction dismissed and application for leave to appeal to Supreme Court of Canada dismissed – Motion to adduce new evidence subsequently dismissed by Court of Appeal for lack of jurisdiction – Whether Court of Appeal should have allowed new evidence to be filed.
In 2003, the applicant Mr. Paquette injured himself while performing work on the premises of the respondent Nutrition Fitness Cardio. He brought an action in liability against the respondent in the Superior Court. After the first day of the hearing, the judge met with the parties’ attorneys and stated that, in his view, Mr. Paquette had not proved that Nutrition Fitness Cardio was at fault. As soon as the hearing began the next day, the attorneys stated that the case was being settled out of court and that a settlement agreement would be filed. Nutrition Fitness Cardio then sent Mr. Paquette a cheque for $5,000, but the cheque was returned to it, so it applied to the Superior Court to have the transaction homologated. Mr. Paquette objected on the ground that he had never authorized his attorney to accept the offer. The Superior Court homologated the transaction, and the Court of Appeal and the Supreme Court of Canada refused leave to appeal.
Mr. Paquette subsequently brought a motion in the Court of Appeal to adduce new evidence to show that he had never accepted the offer. The Court of Appeal dismissed the motion for lack of jurisdiction.
Lower court rulings
Superior Court of Quebec
2011 QCCS 992, 540-17-002181-062
see file
Court of Appeal of Quebec (Montréal)
2013 QCCA 1238, 500-09-021575-113
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
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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
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