Case information
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35967
Clarence Paradis v. Primmum compagnie d'assurance
(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) |
|---|---|---|
| 2014-12-22 | Close file on Leave | |
| 2014-12-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-12-19 | Judgment on leave sent to the parties | |
| 2014-12-18 |
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 500-09-024352-148, 2014 QCCA 891, dated May 2, 2014, is dismissed without costs. Dismissed, without costs |
|
| 2014-11-24 | All materials on application for leave submitted to the Judges, LeB Ka Ga | |
| 2014-08-29 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2014-09-09) | Primmum compagnie d'assurance |
| 2014-08-29 | Notice of name, (Letter Form), (amended Form rec'd 2014-11-24), (Electronic version filed on 2014-09-09) | Primmum compagnie d'assurance |
| 2014-08-29 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2014-08-29, (Electronic version filed on 2014-08-26) | Primmum compagnie d'assurance |
| 2014-07-09 | Letter acknowledging receipt of a complete application for leave to appeal, (File open 2014-07-09) | |
| 2014-07-03 | Correspondence (sent by the Court) to, Acknowledgment | |
| 2014-07-02 | Certificate (on limitations to public access), (Letter Form) | Clarence Paradis |
| 2014-07-02 | Application for leave to appeal, (Book Form), Completed on: 2014-07-02 | Clarence Paradis |
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 |
|---|---|---|
| Paradis, Clarence | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Primmum compagnie d'assurance | Respondent | Active |
Counsel
Party: Paradis, Clarence
This party is not represented by counsel.
Party: Primmum compagnie d'assurance
Counsel
1250 boulevard René-Lévesque Ouest
bureau 1400
Montréal, Quebec
H3B 5E9
Telephone: (514) 925-6420
FAX: (514) 925-5120
Email: selena.lu@lrmm.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.
Bankruptcy and insolvency – Bankrupt’s right of action vested in trustee – Legal capacity of bankrupt to bring action in question – Whether legal principle exists that permits court to deny bankrupt right to insure property in which bankrupt lives and movable property he or she lawfully owns that is free from claims of ordinary creditors – Whether applicant raises legal issue of public importance – Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3.
The applicant brought an action against the respondent with respect to the handling of a claim submitted under a home insurance policy issued by the respondent. The claim had been submitted to the respondent for water damage caused by a leak in the roof of the applicant’s residence. The respondent, noting that the applicant was an undischarged bankrupt at the time he introduced his action, brought a motion to dismiss the action on the basis that the right of action had vested in the trustee acting on behalf of the mass of creditors.
Lower court rulings
Court of Quebec
700-22-026299-122
Respondent’s motion to dismiss for lack of capacity granted.
Court of Appeal of Quebec (Montréal)
2014 QCCA 891, 500-09-024352-148
Applicant’s motion for leave to 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
Not available
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