Case information
Consult our database for details on a Supreme Court of Canada case.
37015
Wilerne Bernard v. Éliberto Sanchez Hernandez
(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) |
|---|---|---|
| 2017-07-06 | Close file on Leave | |
| 2017-06-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-06-30 | Judgment on leave sent to the parties | |
| 2017-06-29 |
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 and the motion for an extension of time to serve and file the response are granted. The motion to join proceedings is dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-024608-143, 2016 QCCA 136, dated January 26, 2016, is dismissed with costs. Dismissed, with costs |
|
| 2017-06-29 |
Decision on motion to extend time, See judgment on application for leave to appeal. Granted |
|
| 2017-06-29 |
Decision on the miscellaneous motion, See judgment on application for leave to appeal. Dismissed |
|
| 2017-06-29 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application for leave to appeal. Granted |
|
| 2017-06-28 | Order on motion to extend time, by the Registrar | |
| 2017-06-28 |
Decision on motion to extend time, Reg, À LA SUITE DE LA DEMANDE présentée par l’appelante en prorogation du délai pour signifier et déposer sa réplique le 4 octobre 2016; ET APRÈS EXAMEN des documents déposés; IL EST ORDONNÉ QUE: La requête est accueillie. Granted |
|
| 2017-06-28 | Submission of motion to extend time, Reg | |
| 2016-10-04 | Motion to extend time, Completed on: 2016-10-04 | Wilerne Bernard |
| 2016-10-04 | Applicant's reply to respondent's argument, Distributed on 2016-10-19 at 10h42 AM, Completed on: 2016-10-04 | Wilerne Bernard |
| 2016-10-03 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2016-10-03 | Submission of motion to extend time, for consideration by the Court | |
| 2016-10-03 | Submission of miscellaneous motion, for consideration by the Court | |
| 2016-10-03 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2016-08-19 | Supplemental document, (Book Form), Document in support., (Electronic version filed on 2016-08-18) | Éliberto Sanchez Hernandez |
| 2016-08-19 | Motion to extend time, (Book Form), Completed on: 2016-08-19, (Electronic version filed on 2016-08-18) | Éliberto Sanchez Hernandez |
| 2016-08-19 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-08-19, (Electronic version filed on 2016-08-18) | Éliberto Sanchez Hernandez |
| 2016-05-20 | Letter advising parties of a complete application for leave to appeal, file opened 2016-05-20. | |
| 2016-05-16 | Correspondence received from, (Letter Form), applicant re : explaining that there is no Order. | Wilerne Bernard |
| 2016-05-04 | Letter requesting materials at end of review period; Court file no. not assigned, Proof of service, fee, both Orders and Form 23A missing. | |
| 2016-04-27 | Letter acknowledging receipt of an application for leave to appeal | |
| 2016-04-26 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-04-21) | Wilerne Bernard |
| 2016-04-26 | Notice of miscellaneous motion, (Book Form), (Included in the application for leave to appeal), to join with file 36915., Completed on: 2016-04-26 | Wilerne Bernard |
| 2016-04-26 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2016-04-26 | Wilerne Bernard |
| 2016-04-26 | Application for leave to appeal, (Book Form), Form 23A, both Orders, Proof of service and fee missing. 23A, fees and proof of service received 2016-05-16., Completed on: 2016-05-20, (Electronic version filed on 2016-04-21) | Wilerne Bernard |
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 |
|---|---|---|
| Bernard, Wilerne | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Sanchez Hernandez, Éliberto | Respondent | Active |
Counsel
Party: Bernard, Wilerne
Counsel
84 rue Notre-Dame Ouest
2e étage
Montréal, Quebec
H2Y 1S6
Telephone: (514) 940-3055 Ext: 201
FAX: (514) 223-5125
Email: wilernebernard@hotmail.com
Party: Sanchez Hernandez, Éliberto
Counsel
Bureau 520
Montréal, Quebec
H2Y 1B7
Telephone: (514) 717-4505
FAX: (514) 289-9885
Email: susan.ramirez00@gmail.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.
Prescription – Action to enforce personal right – Date right of action arises – Claim for lawyer’s unpaid professional fees – Whether date right of action arises, in claim for lawyer’s professional fees, is that of end of mandate, work or services or, rather, that at which each invoice for fees is calculated, prepared and brought to client’s attention – Civil Code of Québec, CQLR, c. C 1991, arts. 2931, 2925, 2904, 2880 and 2116.
In June 2005, the respondent, Éliberto Sanchez Hernandez, retained the applicant, Wilerne Bernard, a lawyer in good standing with the Barreau du Québec, to represent him in a civil suit. The parties signed a professional mandate and fee agreement. In December 2009, before going on maternity leave, the applicant sent the respondent a bill for professional services rendered between September 28, 2006 and May 15, 2008. On June 7, 2010, the applicant withdrew from the file and stopped representing the respondent, because the bill had not been paid. On May 10, 2012, the applicant filed an action for recovery of debt against the respondent.
Lower court rulings
Court of Quebec
2014 QCCQ 5171, 500-22-192337-122
Action dismissed
Court of Appeal of Quebec (Montréal)
2016 QCCA 136, 500-09-024608-143
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