Case information
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37504
Gestion Christian Patron inc., et al. v. Royal Bank of Canada
(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) |
|---|---|---|
| 2017-10-17 | Close file on Leave | |
| 2017-10-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-10-13 | Judgment on leave sent to the parties | |
| 2017-10-12 |
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 500-09-025366-154, 2017 QCCA 181, dated February 2, 2017, is dismissed with costs. Dismissed, with costs |
|
| 2017-07-14 | Correspondence received from, Debra Diepeveen (by email). Matthew J. Halpin is agent for the respondent. | Royal Bank of Canada |
| 2017-05-23 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-05-08 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2017-05-08 | Gestion Christian Patron inc. |
| 2017-04-28 | Certificate (on limitations to public access) | Royal Bank of Canada |
| 2017-04-28 | Notice of name | Royal Bank of Canada |
| 2017-04-28 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-04-28 | Royal Bank of Canada |
| 2017-03-31 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2017-03-31 | |
| 2017-03-30 | Certificate (on limitations to public access) | Gestion Christian Patron inc. |
| 2017-03-30 | Notice of name | Gestion Christian Patron inc. |
| 2017-03-30 | Book of authorities, (Book Form), (2 volumes), Completed on: 2017-03-30 | Gestion Christian Patron inc. |
| 2017-03-30 | Application for leave to appeal, (Book Form), (4 volumes), Completed on: 2017-03-30 | Gestion Christian Patron inc. |
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 |
|---|---|---|
| Gestion Christian Patron inc. | Applicant | Active |
| Patron, Christian | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Royal Bank of Canada | Respondent | Active |
Counsel
Party: Gestion Christian Patron inc.
Counsel
Montréal, Quebec
H2Y 2W8
Telephone: (514) 288-5390
FAX: (514) 288-2327
Email: danielchenard@citenet.net
Party: Patron, Christian
Counsel
Montréal, Quebec
H2Y 2W8
Telephone: (514) 288-5390
FAX: (514) 288-2327
Email: danielchenard@citenet.net
Party: Royal Bank of Canada
Counsel
Dominic Dupoy
1, place Ville Marie
Suite 2500
Montréal, Quebec
H3B 1R1
Telephone: (514) 847-6017
FAX: (514) 286-5474
Email: julie.himo@nortonrose.com
Agent
45 O'Connor Street
Suite 1500
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8654
FAX: (613) 230-5459
Email: matthew.halpin@nortonrosefulbright.com
Summary
Keywords
Civil procedure — Case management — Failure to file inscription for proof and hearing within allotted time — Whether lawyers’ decision not to inscribe case for hearing was error or fault — Whether it was error or fault for which applicants liable in same way as their counsel — Whether motion for leave to appeal met criteria in art. 523 of Code of Civil Procedure, RSQ c. C 25.
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.
The applicants filed a motion to be relieved from their failure to file the inscription for proof and hearing within the allotted time. They alleged that their counsel had mistakenly believed that such an inscription was not necessary following the joinder of their file with a file in another judicial district.
Lower court rulings
Superior Court of Quebec
500-17-069187-113
Motion to be relieved from failure to inscribe dismissed
Court of Appeal of Quebec (Montréal)
2017 QCCA 181, 500-09-025366-154
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
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 613‑996‑7933 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