Case information
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36015
William Lubecki v. Thomas A. Lavin
(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) |
|---|---|---|
| 2014-11-24 | Close file on Leave | |
| 2014-11-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-11-21 | Judgment on leave sent to the parties | |
| 2014-11-20 |
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 500-09-024286-148, 2014 QCCA 1081, dated May 26, 2014, is dismissed with costs. Dismissed, with costs |
|
| 2014-10-27 | All materials on application for leave submitted to the Judges, Abe Ro Mo | |
| 2014-09-08 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2014-09-08) | Thomas A. Lavin |
| 2014-09-08 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2014-09-08, (Electronic version filed on 2014-09-08) | Thomas A. Lavin |
| 2014-08-29 | Certificate (on limitations to public access), (Letter Form), Proof of service missing. Confirmed by telephone with respondant's counsel. | William Lubecki |
| 2014-08-26 | Letter acknowledging receipt of an incomplete application for leave to appeal, File opened 2014-08-26. | |
| 2014-08-21 | Application for leave to appeal, (Book Form), Form 23A missing. Received 2014-08-29., Completed on: 2014-09-04 | William Lubecki |
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 |
|---|---|---|
| Lubecki, William | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Lavin, Thomas A. | Respondent | Active |
Counsel
Party: Lubecki, William
This party is not represented by counsel.
Party: Lavin, Thomas A.
Counsel
Valérie Déziel
2125-1 Place Ville-Marie
Montréal, Quebec
H3B 2C6
Telephone: (514) 390-3215
FAX: (514) 866-7294
Email: vgrenier-fontaine@belong.ca
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 — Appeals — Motion to dismiss — Action in damages alleging professional misconduct dismissed — Appeal dismissed on the basis that it had no reasonable chance of success — Whether the lower courts erred.
The applicant, Mr. Lubecki, hired the respondent, Mr. Lavin, to represent him in the course of divorce proceedings initiated by his ex-wife in 2010. He then sued Mr. Lavin, alleging that he had not properly executed his mandate during the proceedings on corollary relief.
The Superior Court dismissed the action against Mr. Lavin. Bénard J. found that Mr. Lavin did not commit any fault. The Court of Appeal dismissed the appeal summarily, on the basis that it had no reasonable chance of success.
Lower court rulings
Superior Court of Quebec
500-17-064452-116
See file.
Court of Appeal of Quebec (Montréal)
2014 QCCA 1081, 500-09-024286-148
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
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