Case information
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36237
Érik Charest v. Dessau inc., et al.
(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) |
|---|---|---|
| 2015-04-27 | Close file on Leave | |
| 2015-04-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-04-24 | Judgment on leave sent to the parties | |
| 2015-04-23 |
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 500-09-024488-140, 2014 QCCA 2052, dated November 3, 2014, is dismissed without costs. Dismissed, without costs |
|
| 2015-03-30 | All materials on application for leave submitted to the Judges, CJ Wa Ga | |
| 2015-01-27 | Respondent's response on the application for leave to appeal, (Letter Form), Dessau inc., et al. (original copy rec'd Jan.29/2015), Completed on: 2015-01-27 | Dessau inc. |
| 2015-01-27 | Respondent's response on the application for leave to appeal, (Letter Form), Genius Conseil inc., et al. (original copy rec'd Jan.28/2015), Completed on: 2015-01-27 | Genius Conseil inc. |
| 2015-01-26 | Respondent's response on the application for leave to appeal, (Letter Form), Response of Groupe S.M. and Pierre Lavallée, Completed on: 2015-01-26 | Pierre Lavallée |
| 2015-01-23 | Respondent's response on the application for leave to appeal, (Letter Form), BPR inc. (original copy rec'd Jan.27/2015), Completed on: 2015-01-23 | BPR inc. |
| 2015-01-22 | Respondent's response on the application for leave to appeal, (Letter Form), SNC-Lavalin inc., et al., Completed on: 2015-01-22 | SNC-Lavalin inc. |
| 2015-01-22 | Respondent's response on the application for leave to appeal, (Letter Form), WSP Canada inc. (anciennement Genivar inc.), et al. , Completed on: 2015-01-22 | WSP Canada Inc. (previously Genivar Inc.) |
| 2014-12-31 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED DECEMBER 31, 2014 | |
| 2014-12-31 | Certificate (on limitations to public access) | Érik Charest |
| 2014-12-31 | Application for leave to appeal, (Book Form), service to come (rec'd Jan.9/2015), Completed on: 2015-01-09, (Electronic version filed on 2014-12-31) | Érik Charest |
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 |
|---|---|---|
| Charest, Érik | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Dessau inc. | Respondent | Active |
| Sauriol, Rosaire | Respondent | Active |
| SNC-Lavalin inc. | Respondent | Active |
| Cadotte, Yves | Respondent | Active |
| WSP Canada Inc. (previously Genivar Inc.) | Respondent | Active |
| Perreault, François | Respondent | Active |
| BPR inc. | Respondent | Active |
| Lavallée, Pierre | Respondent | Active |
| Groupe S.M. inc. | Respondent | Active |
| Genius Conseil inc. | Respondent | Active |
| Lalonde, Michel | Respondent | Active |
| Marcil, Robert | Respondent | Active |
Counsel
Party: Charest, Érik
Counsel
Benoît Gamache
67, rue Sainte-Ursule
Québec, Quebec
G1R 4E7
Telephone: (418) 523-4222
FAX: (418) 692-5695
Email: dbourgoin@bga-law.com
Party: Dessau inc.
Counsel
Bureau 1700
2000, avenue McGill College
Montréal, Quebec
H3A 3H3
Telephone: (514) 982-4545
FAX: (514) 284-2046
Email: srichmont@woods.qc.ca
Party: Sauriol, Rosaire
Counsel
Bureau 1700
2000, avenue McGill College
Montréal, Quebec
H3A 3H3
Telephone: (514) 982-4545
FAX: (514) 284-2046
Email: srichmont@woods.qc.ca
Party: SNC-Lavalin inc.
Counsel
1 Place Ville Marie
bureau 2500
Montréal, Quebec
H3B 1R1
Telephone: (514) 847-4413
FAX: (514) 286-5474
Email: francois.fontaine@nortonrosefulbright.com
Party: Cadotte, Yves
Counsel
1 Place Ville Marie
bureau 2500
Montréal, Quebec
H3B 1R1
Telephone: (514) 847-4413
FAX: (514) 286-5474
Email: francois.fontaine@nortonrosefulbright.com
Party: WSP Canada Inc. (previously Genivar Inc.)
Counsel
Bureau 4000
1155, boul. René-Lévesque Ouest
Montréal, Quebec
H3B 3V2
Telephone: (514) 397-3380
FAX: (514) 397-3222
Email: ymartineau@stikeman.com
Party: Perreault, François
Counsel
Bureau 4000
1155, boul. René-Lévesque Ouest
Montréal, Quebec
H3B 3V2
Telephone: (514) 397-3380
FAX: (514) 397-3222
Email: ymartineau@stikeman.com
Party: BPR inc.
Counsel
1100 René-Lévesque Ouest
Bureau 2500
Montréal, Quebec
H3B 5C9
Telephone: (514) 397-8500
FAX: (514) 397-8515
Email: bg@bcf.ca
Party: Lavallée, Pierre
Counsel
28e étage
1002, rue Sherbrooke Ouest
Montréal, Quebec
H3A 3L6
Telephone: (514) 842-9512
FAX: (514) 845-6573
Email: bernard.jolin@lkd.ca
Party: Groupe S.M. inc.
Counsel
28e étage
1002, rue Sherbrooke Ouest
Montréal, Quebec
H3A 3L6
Telephone: (514) 842-9512
FAX: (514) 845-6573
Email: bernard.jolin@lkd.ca
Party: Genius Conseil inc.
Counsel
1, Place Ville-Marie
37ième étage
Montréal, Quebec
H3B 3P4
Telephone: (514) 878-9641
FAX: (514) 878-1450
Email: billy.katelanos@gowlingwlg.com
Party: Lalonde, Michel
Counsel
1, Place Ville-Marie
37ième étage
Montréal, Quebec
H3B 3P4
Telephone: (514) 878-9641
FAX: (514) 878-1450
Email: billy.katelanos@gowlingwlg.com
Party: Marcil, Robert
Counsel
375, chemin Bord-du-Lac Lakeshore
Dorval, Quebec
H9S 2A5
Telephone: (514) 631-8787
FAX: (514) 631-0220
Email: pmhamelin@sg-avocats.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 – Class actions – Interest to bring an action – Whether taxpayers may institute legal proceedings to recover money misappropriated from municipality through collusive practices – Whether taxpayers may be treated as indirect purchasers within meaning of Infineon Technologies AG v. Option consommateurs, 2013 SCC 59, [2013] 3 S.C.R. 600 – Whether taxpayers have sufficient interest to bring action when elected officials and executives of municipality participated in collusive practices in question – Code of Civil Procedure, CQLR c. C-25, arts. 55, 1003(b)).
Mr. Charest, the applicant, is a City of Montréal taxpayer. The respondents are consulting engineering firms and executives of these firms. Mr. Charest filed a motion for leave to bring a class action against the respondents. He sought compensatory and punitive damages. The motion for leave alleged that the respondents had participated in a system of collusion to share contracts awarded by the City and that the executives participated in, supervised, coordinated and approved collusive and anti-competitive practices for their companies. Mr. Charest intended to represent a group he defined as being [TRANSLATION] “all natural and legal persons with 50 or fewer employees since April 19, 2012, and having, between January 1, 1998, and December 31, 2010, paid property and/or municipal taxes to the City of Montréal and benefitted from the City’s services”. The Superior Court dismissed the motion for leave. The Court of Appeal allowed the respondent’s motions to dismiss the appeal and dismissed the appeal.
Lower court rulings
Superior Court of Quebec
2014 QCCS 1891, 500-06-000651-139
Motion for leave to bring class action dismissed
Court of Appeal of Quebec (Montréal)
2014 QCCA 2052, 500-09-024488-140
Motions to dismiss appeal allowed; 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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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