Case information
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37916
Hanna Engel, in her quality of liquidator of the succession of Fanny Kogan v. Curateur public du Québec, et al.
(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) |
|---|---|---|
| 2018-09-26 | Close file on Leave | |
| 2018-09-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-09-21 | Judgment on leave sent to the parties | |
| 2018-09-20 |
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 is granted. The motion for an extension of time to serve and file the reply is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-027064-179, 2017 QCCA 1829, dated November 13, 2017, is dismissed with costs to the respondents, Groupe Boudreau Richard Inc. and Curateur public du Québec. Dismissed, with costs |
|
| 2018-09-20 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2018-09-20 |
Decision on motion to extend time Granted |
|
| 2018-07-30 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-07-30 | Submission of motion to extend time, for consideration by the Court | |
| 2018-07-30 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2018-03-27 | Motion to extend time, (Letter Form), to serve and file the reply., Completed on: 2018-03-27 | Hanna Engel, in her quality of liquidator of the succession of Fanny Kogan |
| 2018-03-23 | Certificate (on limitations to public access), (Letter Form), AMENDED form 23A | Hanna Engel, in her quality of liquidator of the succession of Fanny Kogan |
| 2018-03-06 | Applicant's reply to respondent's argument, (Book Form), motion to extend time required-rec'd 2018/03/27, Completed on: 2018-03-27 | Hanna Engel, in her quality of liquidator of the succession of Fanny Kogan |
| 2018-03-01 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Payment missing-rec'd 2018/04/20, Completed on: 2018-04-20 | Hanna Engel, in her quality of liquidator of the succession of Fanny Kogan |
| 2018-02-27 | Book of authorities, (Book Form), Completed on: 2018-02-27 | Hanna Engel, in her quality of liquidator of the succession of Fanny Kogan |
| 2018-02-23 | Notice of name, (Letter Form) | Groupe Boudreau Richard Inc. |
| 2018-02-23 | Certificate (on limitations to public access), (Letter Form) | Groupe Boudreau Richard Inc. |
| 2018-02-23 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2018-02-23 | Groupe Boudreau Richard Inc. |
| 2018-02-21 | Certificate (on limitations to public access), (Letter Form), amended certificate required-rec'd 2018/03/27 | Curateur public du Québec |
| 2018-02-21 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2018-02-21 | Curateur public du Québec |
| 2018-01-24 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2018/01/24 | |
| 2018-01-16 | Certificate (on limitations to public access), (Included in the application for leave to appeal), amended certificate required - filed on Feb.21/2018 | Hanna Engel, in her quality of liquidator of the succession of Fanny Kogan |
| 2018-01-16 |
Application for leave to appeal, (Book Form), motion to extend time required (received 2018-03-01); amended certificate required (received 2018-02-21); electronic version missing (received 2018-03-01). Part VI-VII - added on Feb.21/2018., Completed on: 2018-04-05 |
Hanna Engel, in her quality of liquidator of the succession of Fanny Kogan |
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 |
|---|---|---|
| Hanna Engel, in her quality of liquidator of the succession of Fanny Kogan | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Curateur public du Québec | Respondent | Active |
| Groupe Boudreau Richard Inc. | Respondent | Active |
| Boudreau, Réjean | Respondent | Active |
Counsel
Party: Hanna Engel, in her quality of liquidator of the succession of Fanny Kogan
Counsel
4621 boul. St. Laurent
Montréal, Quebec
H2T 1R2
Telephone: (514) 904-4017
FAX: (514) 904-4018
Email: marie.madelin@amlex.ca
Party: Curateur public du Québec
Counsel
600 René-Lévesque Blvd. West
Montréal, Quebec
H3B 4W9
Telephone: (514) 864-9083
FAX: (514) 873-5167
Email: jean-philippe.chenevert@curateur.gouv.qc.ca
Party: Groupe Boudreau Richard Inc.
Counsel
2e-250 Place D'Youville
Montréal, Quebec
H2Y 2B6
Telephone: (514) 285-2727 Ext: 223
FAX: (514) 285-2728
Email: mcmartel@atcavocats.com
Party: Boudreau, Réjean
This party is not represented by counsel.
Summary
Keywords
Bankruptcy and insolvency – Civil procedure – Did the judge in first instance err in law by hearing the proceeding in civil chamber where one of the parties had declared bankruptcy, the bankruptcy trustee had produced a notice of suspension of proceedings and an application to lift the stay of proceedings in bankruptcy court had not yet been heard? – Did the judge in first instance commit an error in law by having proceeded in civil chamber without authorization from bankruptcy court in contravention of the express terms of article 69.3(1) of the Bankruptcy and Insolvency Act, the jurisprudence and the doctrine without basing himself on any text of law or authority supporting the decision but entirely arbitrarily? – When it is prohibited by the Bankruptcy and Insolvency Act for Applicant to present its proceeding in civil chamber, could the other parties circumvent the legal interdiction and continue the proceeding without Applicant? – Did the Court of Appeal of Quebec properly exercise its jurisdiction under article 365 of the Code of Civil Procedure – Bankruptcy and Insolvency Act, R.S.C., 1985, c. B-3, subs. 69.3 (1) and s. 69.4
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 Superior Court of Québec dismissed Ms. Engel’s request to postpone the hearing of her Application of the Plaintiff to be relieved of Default to Inscribe and Extension of Delays for Proof and Hearing. The court proceeded on hearing the application with regards to the defendants other than Réjean Boudreau, in light of the concurrent bankruptcy proceedings involving the latter. The main application was also dismissed, inter alia for lack of evidence.
The Court of Appeal unanimously granted the Curateur public du Québec’s and Groupe Boudreau Richard Inc.’s applications for the dismissal of Ms. Engel’s appeal, and dismissed her appeal, as no error was shown with the first instance judgment.
Lower court rulings
Superior Court of Quebec
500-17-047423-085
The applicant’s request for postponement was dismissed; the applicant’s application to be relieved of default to inscribe and to extend the delays for proof and hearing was dismissed
Court of Appeal of Quebec (Montréal)
2017 QCCA 1829, 500-09-027064-179
The respondents Curateur public du Québec’s and Groupe Boudreau Richard Inc.’s applications to dismiss the appeal were granted; the applicant’s appeal was 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
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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 613-996-8666 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
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