Case information
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37110
Jean-René Jasmin v. Société des alcools du Québec
(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) |
|---|---|---|
| 2017-03-01 | Close file on Leave | |
| 2017-02-28 | Discontinuance of the bill of costs, (Letter Form) | Société des alcools du Québec |
| 2017-01-27 | Bill of costs, (filing fee missing), Completed on: 2017-02-28 | Société des alcools du Québec |
| 2017-01-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-01-13 | Judgment on leave sent to the parties | |
| 2017-01-12 |
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 500-09-025713-157, 2016 QCCA 746, dated May 3, 2016, is dismissed with costs. Dismissed, with costs |
|
| 2016-12-05 | All materials on application for leave submitted to the Judges, CJ Wa Ga | |
| 2016-08-31 | Notice of name | Société des alcools du Québec |
| 2016-08-31 | Certificate (on limitations to public access) | Société des alcools du Québec |
| 2016-08-31 | Respondent's response on the application for leave to appeal, (Book Form), (2 volumes), Completed on: 2016-08-31 | Société des alcools du Québec |
| 2016-08-02 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2016-08-02 | |
| 2016-07-29 | Certificate (on limitations to public access) | Jean-René Jasmin |
| 2016-07-29 | Application for leave to appeal, (Book Form), (2 volumes), Completed on: 2016-07-29 | Jean-René Jasmin |
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 |
|---|---|---|
| Jasmin, Jean-René | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Société des alcools du Québec | Respondent | Active |
Counsel
Party: Jasmin, Jean-René
Counsel
Benoît Gamache
67 Sainte-Ursule Street
Québec, Quebec
G1R 4E7
Telephone: (418) 523-4222
FAX: (418) 692-5695
Email: dbourgoin@bga-law.com
Party: Société des alcools du Québec
Counsel
Jean-Philippe Mathieu
Bureau 2500
1000, rue de La Gauchetière Ouest
Montréal, Quebec
H3B 0A2
Telephone: (514) 397-4157
FAX: (514) 875-6246
Email: grtremblay@mccarthy.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.
Civil procedure – Class action – Exception to dismiss – Res judicata – Second motion for authorization to institute class action dismissed on ground of res judicata – Whether courts below erred in law in concluding that Court of Appeal’s judgment on first motion for authorization to institute class action had definitively dismissed any cause of action based on respondent’s disproportionate or excessive profit margins and that there was res judicata.
In April 2012, the applicant Jean-René Jasmin filed a motion for authorization to institute a class action and to be ascribed the status of representative, arguing that the respondent Société des alcools du Québec sold its products to Quebec consumers at prices that were too high compared to their acquisition costs. He argued that the disproportion between the two and the resulting profits were so great as to amount to exploitation of the consumer within the meaning of s. 8 of the Consumer Protection Act, CQLR c. P-40.1.
That motion was dismissed by the Superior Court and the Court of Appeal.
On January 19, 2015, Mr. Jasmin filed an amended second motion for authorization to institute a class action. The Société des alcools du Québec filed a motion to dismiss the second motion for authorization on the ground that there was res judicata and that it resulted in an abuse of process.
Lower court rulings
Superior Court of Quebec
2015 QCCS 6552, 500-06-000728-150
Preliminary exception allowed; motion for authorization to institute class action dismissed on ground of res judicata
Court of Appeal of Quebec (Montréal)
2016 QCCA 746, 500-09-025713-15
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 613‑996‑7933 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
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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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