Case information
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36271
Shappour Jannesar v. Sabiha Ali Sultan Yousuf
(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) |
|---|---|---|
| 2016-01-26 | Close file on Leave | |
| 2016-01-26 | Certificate of taxation issued to, Me Élisabeth Jacquart | |
| 2016-01-22 | Decision on the bill of costs, in the amount of $1,203.47, Reg | |
| 2016-01-22 | Submission of the bill of costs, Reg | |
| 2015-12-03 | Bill of costs, (filing fee missing - rec'd Dec.4/15) A revised copy filed Jan.19/2016., Completed on: 2015-12-04 | Sabiha Ali Sultan Yousuf |
| 2015-10-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-10-30 | Judgment on leave sent to the parties | |
| 2015-10-29 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-023252-133, 2014 QCCA 2096, dated November 10, 2014, is dismissed with costs. Dismissed, with costs |
|
| 2015-10-29 |
Decision on motion to extend time to file and /or serve the leave application, See Judgment on leave application. Granted |
|
| 2015-06-01 | All materials on application for leave submitted to the Judges, Abe Ka Côt | |
| 2015-06-01 | Submission of motion to extend time to file and/ or serve the leave application, Abe Ka Côt | |
| 2015-03-20 | Order on miscellaneous motion, (by ABELLA J.) | |
| 2015-03-20 |
Decision on the miscellaneous motion, Abe, UPON A MOTION by the respondent for an order that the applicant deposit security to the value of fifteen thousand dollars; AND UPON A MOTION by the applicant for an order extending the time within which the applicant may serve and file his response to the respondent’s motion; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time is granted and the motion for security for costs is dismissed. Dismissed |
|
| 2015-03-20 | Submission of miscellaneous motion, Abe | |
| 2015-03-05 | Response to miscellaneous motion, Motion for extension of time included, Completed on: 2015-03-05 | Shappour Jannesar |
| 2015-02-20 | Certificate (on limitations to public access) | Sabiha Ali Sultan Yousuf |
| 2015-02-20 | Notice of miscellaneous motion, (Included in the respondent's response on the application for leave to appeal), For security of costs, Completed on: 2015-02-20 | Sabiha Ali Sultan Yousuf |
| 2015-02-20 | Response to the motion to extend the time to file and / or serve the leave application, (Included in the respondent's response on the application for leave to appeal), Completed on: 2015-02-20 | Sabiha Ali Sultan Yousuf |
| 2015-02-20 | Respondent's response on the application for leave to appeal, Completed on: 2015-02-20 | Sabiha Ali Sultan Yousuf |
| 2015-01-22 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2015-01-22 | |
| 2015-01-22 | Certificate (on limitations to public access) | Shappour Jannesar |
| 2015-01-22 | Book of authorities | Shappour Jannesar |
| 2015-01-22 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2015-01-22 | Shappour Jannesar |
| 2015-01-22 | Application for leave to appeal, Completed on: 2015-01-22 | Shappour Jannesar |
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 |
|---|---|---|
| Jannesar, Shappour | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Yousuf, Sabiha Ali Sultan | Respondent | Active |
Counsel
Party: Jannesar, Shappour
Counsel
Bureau 220
10222, boul. Saint-Michel
Montréal, Quebec
H1H 5H1
Telephone: (514) 596-1457
FAX: (514) 596-1525
Email: paul@sabbagh.ca
Party: Yousuf, Sabiha Ali Sultan
Counsel
Bureau 1800
1, Carré Westmount
Westmount, Quebec
H3Z 2P9
Telephone: (514) 282-9144
FAX: (514) 282-8870
Email: elisabeth@yanofsky.ca
Summary
Keywords
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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.
Private international law – Foreign judgments – Recognition – For purposes of exemplification of foreign judgment rendered by default, whether applicant can rely on content of foreign judgment to prove that foreign act instituting proceedings was duly served on defaulting party where judgment states that this was case – Civil Code of Québec, CQLR c. C 1991, arts. 2822, 3156 – Code of Civil Procedure, CQLR c. C 25, arts. 89, 786.
The applicant Mr. Jannesar, a resident of Kuwait, obtained a judgment in his favour from a Kuwaiti court. The judgment was rendered by default and ordered the respondent Ms. Ali Sultan Yousuf, a Quebec resident, to pay him half of the compensation she had received under a compensation scheme established by the United Nations Compensation Commission following Iraq’s invasion of Kuwait in 1991. The judgment stated, inter alia, that Ms. Ali Sultan Yousuf had been validly served under Kuwaiti law. In 2011, Mr. Jannesar applied to the Quebec Superior Court for recognition of the foreign judgment. Applying the presumption in art. 2822 C.C.Q. that a foreign judgment makes proof of its content, the Superior Court allowed the application. The Court of Appeal set aside that decision.
Lower court rulings
Superior Court of Quebec
500-17-068434-110
Motion to institute proceedings for recognition and execution of foreign decision allowed
Court of Appeal of Quebec (Montréal)
2014 QCCA 2096, 500-09-023252-133
Appeal allowed; motion to institute proceedings 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
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
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