Case information
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35897
Louis Gagné v. Laurette Gingras Gauvreau, in her capacity as liquidator of the succession of the late Gilbert Gauvreau
(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) |
|---|---|---|
| 2014-09-29 | Close file on Leave | |
| 2014-09-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-09-26 | Judgment on leave sent to the parties | |
| 2014-09-25 |
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 500-09-022823-124, 2014 QCCA 615, dated March 25, 2014, is dismissed without costs. Dismissed, without costs |
|
| 2014-08-11 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2014-06-19 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2014-06-19 | Laurette Gingras Gauvreau, in her capacity as liquidator of the succession of the late Gilbert Gauvreau |
| 2014-06-18 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2014-06-18 | Louis Gagné |
| 2014-05-22 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2014-05-22 | |
| 2014-05-22 | Certificate (on limitations to public access) | Louis Gagné |
| 2014-05-20 | Correspondence (sent by the Court) to, Acknowledgment letter | |
| 2014-05-20 | Supplemental document, Appellant's factum at the Court of appeal | Louis Gagné |
| 2014-05-20 | Application for leave to appeal, Completed on: 2014-05-20 | Louis Gagné |
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 |
|---|---|---|
| Gagné, Louis | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Laurette Gingras Gauvreau, in her capacity as liquidator of the succession of the late Gilbert Gauvreau | Respondent | Active |
Counsel
Party: Gagné, Louis
This party is not represented by counsel.
Party: Laurette Gingras Gauvreau, in her capacity as liquidator of the succession of the late Gilbert Gauvreau
Counsel
636, avenue de Buckingham
Gatineau, Quebec
J8L 2H6
Telephone: (819) 986-5605
FAX: (819) 986-5049
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.
Contracts – Loan contract – Term – Negotiable instruments – Prescription – Trial judge finding that there was loan with indefinite term and ordering applicant to repay amount owed – Whether courts should have found that there was no loan – In alternative, whether claim prescribed or whether term set unreasonable.
Between 2003 and 2005, Gilbert Gauvreau made advances totalling $45,436.35 to the applicant, Mr. Gagné. Mr. Gauvreau died on April 9, 2009. The respondent, Ms. Gingras Gauvreau, was the liquidator of his succession. Since she considered the advances to be loans with an indefinite term, and in light of Mr. Gagné’s refusal to repay the amounts claimed, Ms. Gingras Gauvreau went to court to have a term set and secure repayment. In his defence, Mr. Gagné argued that the advances were not loans and that the cash payments had not been structured as loans and had no repayment terms. According to him, Mr. Gauvreau had given him financial support to carry out a joint project to develop a construction material that Mr. Gauvreau hoped to use for commercial purposes.
The Court of Québec allowed the action. Judge Séguin found that the legal nature of the obligation between the late Mr. Gauvreau and Mr. Gagné was that of a loan with an indefinite term. According to the judge, the intention to end the loan and require its repayment had been expressed for the first time in November 2009 by the liquidator of the succession when she had gone to Mr. Gagné’s home to seek repayment of the amounts. In the circumstances, the judge found that the action instituted by the liquidator on April 14, 2011 was not prescribed by art. 2925 C.C.Q. He ordered Mr. Gagné to pay $45,436.35 with interest and an additional indemnity. The Court of Appeal dismissed the appeal.
Lower court rulings
Court of Quebec
550-22-013078-116
Action allowed; applicant ordered to pay $45,436.35 with interest and additional indemnity
Court of Appeal of Quebec (Montréal)
2014 QCCA 615, 500-09-022823-124
Appeal dismissed
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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