Case information
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35566
Pierre Matalani v. Pierre Khouzam
(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) |
|---|---|---|
| 2014-04-02 | Close file on Leave | |
| 2014-04-01 | Certificate of taxation issued to, Alexandre Khouzam | |
| 2014-04-01 | Decision on the bill of costs, in the amount of $1,391.56, Reg | |
| 2014-04-01 | Submission of the bill of costs, Reg | |
| 2014-02-04 | Bill of costs, Completed on: 2014-02-04 | Pierre Khouzam |
| 2014-01-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-01-10 | Judgment on leave sent to the parties | |
| 2014-01-09 |
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 500-09-023622-137, 2013 QCCA 1346, dated August 8, 2013, is dismissed with costs. Dismissed, with costs |
|
| 2013-11-25 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2013-11-05 | Applicant's reply to respondent's argument, Completed on: 2013-11-05 | Pierre Matalani |
| 2013-10-29 | Respondent's response on the application for leave to appeal, Completed on: 2013-10-29 | Pierre Khouzam |
| 2013-10-07 | Correspondence received from, Pierre Matalani dated 2013-10-07 (by e-mail). Re: Form 25C | Pierre Matalani |
| 2013-10-07 | Correspondence received from, Alexander Khouzam dated 2013-10-07. Re: Judgments in the application for leave to appeal | Pierre Khouzam |
| 2013-10-03 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-10-02 | Correspondence (sent by the Court) to, Acknowledgment letter | |
| 2013-10-02 | Application for leave to appeal, Completed on: 2013-10-02 | Pierre Matalani |
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 |
|---|---|---|
| Matalani, Pierre | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Khouzam, Pierre | Respondent | Active |
Counsel
Party: Matalani, Pierre
This party is not represented by counsel.
Party: Khouzam, Pierre
Counsel
Alexandre Khouzam
Bureau 201
Montréal, Quebec
H4N 1G5
Telephone: (514) 907-8803
FAX: (514) 907-8805
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 procedure – Appeal – Whether Court of Appeal erred in denying leave to appeal out of time and in dismissing appeal from judgment refusing to revoke judgment.
Mr. Matalani lost his job after becoming disabled. He took part in a mediation session that resulted in a settlement agreement. He subsequently instituted legal proceedings against his accountant, the respondent Mr. Khouzam, whom he alleged had given him incorrect and improper advice that had led him to accept an agreement less beneficial than what he was entitled to expect. He claimed $438,000 in damages for loss of earnings and $50,000 for hardship and inconvenience.
At the end of a 10 day trial, the Superior Court dismissed the action. Picard J. found that Mr. Khouzam was not guilty of any professional misconduct and that, even if he had been, Mr. Matalani could not have obtained an amount greater than he had received following mediation. Five months after the judgment, Mr. Matalani applied unsuccessfully to have it revoked. The Court of Appeal denied leave to appeal out of time and dismissed Mr. Matalani’s appeal.
Lower court rulings
Superior Court of Quebec
500-17-054989-093
See file
Superior Court of Quebec
500-17-054989-093
See file
Court of Appeal of Quebec (Montréal)
2013 QCCA 1346, 500-09-023622-137
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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