Case information
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36721
Maria Lubecki v. William Lubecki
(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) |
|---|---|---|
| 2018-05-02 | Close file on Leave | |
| 2018-04-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-04-27 | Judgment on leave sent to the parties | |
| 2018-04-26 |
Judgment of the Court on the application for leave to appeal, The respondent’s motion for an extension of time to serve and file a response is granted. The applicant’s motion for an extension of time to serve and file a reply is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-023556-137, dated March 20, 2017, is dismissed. Dismissed |
|
| 2018-04-26 |
Decision on motion to extend time, See judgement on application for leave to appeal. Granted |
|
| 2018-03-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-03-12 | Submission of motion to extend time, for consideration by the Court | |
| 2018-03-06 | Correspondence received from, (Letter Form), William Lubecki (by email). Will not proceed with the sur-reply. | William Lubecki |
| 2018-03-05 | Correspondence (sent by the Court) to, Respondent, re: letter from the Deputy Registrar, file may now be submitted to the Court for decision. | |
| 2018-01-30 | Correspondence received from, (Letter Form), Maria Lubecki (by email). RE: reply to the response to the motion for extension of time. | Maria Lubecki |
| 2018-01-30 | Reply to motion to extend time, (Letter Form), Completed on: 2018-03-05 | William Lubecki |
| 2018-01-30 | Correspondence received from, (Letter Form), Maria Lubecki (par courriel). RE: Reply to the applicant reply. | Maria Lubecki |
| 2018-01-30 | Correspondence received from, (Letter Form), William Lubecki (by email). Reply to the applicant reply. | William Lubecki |
| 2018-01-15 | Response to motion to extend time, (Letter Form), Completed on: 2018-01-15 | Maria Lubecki |
| 2018-01-15 | Motion to extend time, (Letter Form), to serve and file the reply. , Completed on: 2018-01-15 | Maria Lubecki |
| 2018-01-15 | Applicant's reply to respondent's argument, (Letter Form), Motion for extension of time received 2018-01-15. Paper copies filed on 2018-01-16., Completed on: 2018-01-15 | Maria Lubecki |
| 2018-01-02 | Motion to extend time, (Letter Form), to serve and file the response to the application for leave to appeal., Completed on: 2018-01-02 | William Lubecki |
| 2017-12-04 | Respondent's response on the application for leave to appeal, (Letter Form), motion to extend time required (received 2018-01-02), Completed on: 2018-01-02 | William Lubecki |
| 2017-05-26 | Correspondence received from, (Letter Form), Respondent will be representing himself. | William Lubecki |
| 2017-05-17 | Letter advising parties of a complete application for leave to appeal, FILE OPENED 2017/05/17 | |
| 2017-05-08 | Letter acknowledging receipt of an application for leave to appeal | |
| 2017-05-03 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Maria Lubecki |
| 2017-05-03 | Application for leave to appeal, (Book Form), (2 volumes), Completed on: 2017-05-03 | Maria Lubecki |
| 2017-05-03 | Reopen file, New application for leave to appeal rec'd bearing the same Court of Appeal file number. | |
| 2016-04-12 | Close file on Leave | |
| 2016-04-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-04-08 | Judgment on leave sent to the parties | |
| 2016-04-07 |
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 500-09-023556-137, 2015 QCCA 1547, dated September 18, 2015, is dismissed. Dismissed |
|
| 2016-02-22 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2016-01-21 | Correspondence received from, (Letter Form), Respondent, Maria Lubecki re: documents filed at the Court of Appeal and response from the Court of Appeal. Per E-mail received 2016-01-29, the Respondents did not been serve by the Applicant., (Electronic version filed on 2016-01-27) | Maria Lubecki |
| 2016-01-14 | Correspondence received from, (Letter Form), applicant re : request to the Court of Appeal of Quebec for a reconsideration., (Electronic version filed on 2016-01-27) | William Lubecki |
| 2015-12-21 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-12-21 | William Lubecki |
| 2015-12-14 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2015-12-14 | Maria Lubecki |
| 2015-11-27 | Supplemental document, (Book Form), Copy of the will dated 2003-08-21 and others documentations. | William Lubecki |
| 2015-11-27 | Certificate (on limitations to public access), (Letter Form) | William Lubecki |
| 2015-11-27 | Correspondence received from, (Letter Form), Respondents will represent themselves., (Electronic version filed on 2015-11-27) | Maria Lubecki |
| 2015-11-17 | Letter advising parties of a complete application for leave to appeal, file opened 2015-11-17. | |
| 2015-11-16 | Letter acknowledging receipt of an application for leave to appeal | |
| 2015-11-12 | Application for leave to appeal, (Book Form), Form 23A missing. Received 2015-11-27., Completed on: 2015-11-17 | 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, Maria | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Lubecki, William | Respondent | Active |
Counsel
Party: Lubecki, Maria
This party is not represented by counsel.
Party: Lubecki, William
This party is not represented by counsel.
Summary
Keywords
Civil procedure – Rectification of judgments – Whether Court of Appeal should have rectified its judgment.
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.
On April 7, 2016, the Supreme Court of Canada dismissed William Lubecki’s application for leave to appeal from a decision of the Quebec Court of Appeal. Execution procedures were begun in the Superior Court by Maria Lubecki in October 2016. On February 20, 2017, Mr. Lubecki’s lawyers wrote to the judges of the Court of Appeal to see if they would rectify their judgment without the need for a formal motion. The lawyers explained that, though the reasons stated that a 50 000 $ damages award should not have been made in the circumstances, they did not specifically order that this conclusion be removed from the lower court judgment. In response, Ms. Lubecki requested that the Court of Appeal decline to hear the motion, explaining that the matter was already being considered by the Superior Court, in the course of the execution procedures. The Court of Appeal issued a rectified judgment, removing the 50 000 $ award from the Superior Court’s order. Ms. Lubecki seeks leave to appeal from that rectified judgment.
Lower court rulings
Superior Court of Quebec
2013 QCCS 1664, 460-17-000817-072
Applicant’s action against his co-liquidator to interpret and apply the testament and codicil of his mother, and respondents’ counterclaim granted in part.
Court of Appeal of Quebec (Montréal)
2015 QCCA 1547, 500-09-023556-137
Appeal and cross-appeal allowed: trial court decision overturned in part.
Court of Appeal of Quebec (Montréal)
500-09-023556-137
Judgment of September 18, 2015 rectified
Memorandums of argument on application for leave to appeal
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 filing 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.
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Downloadable PDFs
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Related links
Factums on appeal
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
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