Case information
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36643
Premier Tech Limited, et al. v. Christian Dollo
(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) |
|---|---|---|
| 2016-04-27 | Close file on Leave | |
| 2016-04-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-04-22 | Judgment on leave sent to the parties | |
| 2016-04-21 |
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 (Québec), Number 200-09-008222-132, 2015 QCCA 1159, dated July 9, 2015 and corrected on September 8, 2015 (2015 QCCA 1418), is dismissed with costs. Dismissed, with costs |
|
| 2016-02-29 | All materials on application for leave submitted to the Judges, Cro Wa Côt | |
| 2015-11-09 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-11-09, (Electronic version filed on 2015-11-09) | Premier Tech Limited |
| 2015-10-29 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-10-29) | Christian Dollo |
| 2015-10-29 | Respondent's response on the application for leave to appeal, (Book Form), No proof of service for Gestion Bernard Bélanger Ltée, Completed on: 2015-11-13, (Electronic version filed on 2015-10-29) | Christian Dollo |
| 2015-09-29 | Letter acknowledging receipt of a complete application for leave to appeal, File opened 2015-09-29 | |
| 2015-09-29 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-09-29) | Premier Tech Limited |
| 2015-09-29 | Notice of name, (Letter Form), (Electronic version filed on 2015-09-29) | Premier Tech Limited |
| 2015-09-29 | Application for leave to appeal, (Book Form), Completed on: 2015-09-29, (Electronic version filed on 2015-09-29) | Premier Tech Limited |
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 |
|---|---|---|
| Premier Tech Limited | Applicant | Active |
| Gestion Bernard Bélanger ltée | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Dollo, Christian | Respondent | Active |
Counsel
Party: Premier Tech Limited
Counsel
2 Saint-Germain Est
Bureau 400
Rimouski, Quebec
G5L 7C6
Telephone: (418) 722-3302
FAX: (418) 722-6939
Party: Gestion Bernard Bélanger ltée
Counsel
2960, boulevard Laurier
Bureau 500
Québec, Quebec
G1V 4S1
Telephone: (418) 656-1313
FAX: (418) 652-1844
Email: magravel@gbvavocats.com
Party: Dollo, Christian
Counsel
37e étage
1000, rue de la Gauchetière ouest
Montreal, Quebec
H3B 4W5
Telephone: (514) 871-5415
FAX: (514) 875-4308
Email: fgarneau@millerthomson.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.
Commercial law – Corporations – Stock option plan ? Presence clause ? Dismissal ? Oppression ? Whether person claiming option holder status can be considered “complainant” within meaning of s. 238 CBCA ? Whether “complainant” within meaning of s. 238 CBCA can pursue oppression remedy where relief sought or oppression alleged not related to status as complainant ? Whether application of presence clauses in Canadian law leads to outright forfeiture of right to exercise options, regardless of cause of termination, or gives rise to claim in case of unjust dismissal ? Whether appeal decision is affected by palpable and overriding error where it is based on findings of fact wrongly attributed to trial judge ? Framework for intervention of Supreme Court in such circumstances ? Canada Business Corporations Act, R.S.C. 1985, c. C 44, ss. 238 and 241.
In August 2010, the respondent Christian Dollo was dismissed from his position as president of Premier Horticulture, a subsidiary of the applicant Premier Tech, whose majority shareholder was the applicant Gestion Bernard Bélanger Ltée. Following the dismissal, the respondent wrote a letter to Premier Tech’s board of directors asking it to exercise its discretion to authorize him to exercise his stock option right. According to the presence clause in the option plan, any option not exercised on the date of the respondent’s termination lapsed, subject to the board of directors’ discretion to decide otherwise. The board of directors refused to grant the respondent’s request. The respondent decided to bring a motion in nullity of the presence clause under the Civil Code of Québec and in oppression under s. 241 of the Canada Business Corporations Act.
Lower court rulings
Superior Court of Quebec
2013 QCCS 6100
Motion to institute proceedings allowed
Superior Court of Quebec
2013 QCCS 6100, 250-11-001736-113
Motion for correction of judgment allowed
Court of Appeal of Quebec (Québec)
(250-11-001736-113), 200-09-008222-132, 2015 QCCA 1159
Appeal dismissed
Court of Appeal of Quebec (Québec)
2015 QCCA 1418
Motion for correction of judgment allowed in part
Appeal allowed in part
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
Not available