Case information
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39072
CAE Rive-Nord v. Jessica Pelletier
(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) |
|---|---|---|
| 2021-03-05 | Close file on Leave | |
| 2020-10-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-10-09 | Judgment on leave sent to the parties | |
| 2020-10-08 |
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 500-09-027560-184, 2019 QCCA 2164, dated December 12, 2019, is dismissed without costs. Dismissed, without costs |
|
| 2020-09-28 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2020-09-29) | CAE Rive-Nord |
| 2020-09-28 | Notice of name, (Letter Form), (Printed version filed on 2020-09-29) | CAE Rive-Nord |
| 2020-09-28 | Supplemental document, (Book Form), Supplemental Arguments, (Printed version filed on 2020-09-29) | CAE Rive-Nord |
| 2020-07-31 | Order on miscellaneous motion, By the Chief Justice (sent by email) | |
| 2020-07-31 |
Decision on the miscellaneous motion, CJ, À LA SUITE DE LA DEMANDE présentée pour une ordonnance en production d’un complément de mémoire et de pièces additionnelles au soutien de la demande d’autorisation d’appeler de la demanderesse après la soumission du dossier à l’examen de la Cour; ET APRÈS EXAMEN des documents déposés; IL EST ORDONNÉ CE QUI SUIT : La requête est accordée. La demanderesse pourra signifier et déposer un mémoire complémentaire d’au plus cinq (5) pages accompagné des documents pertinents au plus tard soixante (60) jours de la date d’ordonnance. Allowed |
|
| 2020-07-31 | Submission of miscellaneous motion, CJ | |
| 2020-06-23 | Notice of miscellaneous motion, (Book Form), Amended motion filed June 26, 2020; Second amended motion filed July 6, 2020., Completed on: 2020-06-23 | CAE Rive-Nord |
| 2020-06-15 | Correspondence (sent by the Court) to, RE: Delay times for supplemental documents. | |
| 2020-06-08 | Correspondence received from, (Letter Form), RE: Request to hold the release of the judgment. | CAE Rive-Nord |
| 2020-05-19 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-03-04 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 03/04/20 | |
| 2020-02-10 | Certificate (on limitations to public access), (Letter Form) | CAE Rive-Nord |
| 2020-02-10 | Notice of name, (Letter Form) | CAE Rive-Nord |
| 2020-02-10 | Application for leave to appeal, (Book Form), Completed on: 2020-03-04 | CAE Rive-Nord |
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 |
|---|---|---|
| CAE Rive-Nord | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Pelletier, Jessica | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Daniel Girouard & Associés inc., in its capacity as trustee in bankruptcy of Jessica Pelletier | Intervener | Active |
Counsel
Party: CAE Rive-Nord
Counsel
Bureau 109A
275, boul. Curé-Labelle
Sainte-Thérèse, Quebec
J7E 0C2
Telephone: (450) 506-0285
FAX: (450) 506-0288
Email: mk@kellneravocat.com
Agent
111 rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2174
FAX: (819) 771-5397
Email: s.labbe@noelassocies.com
Party: Pelletier, Jessica
Counsel
Tour A, bureau 700
1600, boul. Saint-Martin Est
Laval, Quebec
H7G 4R8
Telephone: (450) 668-1920
FAX: (450) 667-4839
Email: gbrunet@brunetrobillard.com
Party: Daniel Girouard & Associés inc., in its capacity as trustee in bankruptcy of Jessica Pelletier
This party is not represented by counsel.
Summary
Keywords
Bankruptcy and insolvency — Procedure — Continuation of proceedings against bankrupt debtor — Whether Quebec Court of Appeal erred in concluding that s. 178(1)(e) of Bankruptcy and Insolvency Act could not apply in this case, that is, in context of specific loan, given that case was at preliminary stage of application for leave to continue proceedings under s. 69.4 of Act — Whether Quebec Court of Appeal, having refused leave to continue proceedings because of application of s. 178(1)(e) of Act, erred in not granting leave to continue proceedings against respondent on other grounds, namely because applicant was materially prejudiced or because it was equitable to do so — Bankruptcy and Insolvency Act, R.S.C. 1985, c. B 3, ss. 69.4 and 178.
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 applicant, CAE Rive-Nord (CAE), is a company that provides financing to small businesses. The respondent, Jessica Pelletier, was the shareholder and sole director of Connexxion Lavage Pression inc. (Connexxion), a company that did pressure washing and finishing work in the construction industry. In May 2016, CAE entered into a contract granting Connexxion a term loan of $240,000. To secure the loan, CAE and Connexxion entered into a payment assignment agreement under which Ms. Pelletier undertook to personally give CAE any amount collected in payment of a construction contract entered into in October 2015 by Connexxion and Construction J. Raymond inc. Ms. Pelletier also became surety for up to $100,000 of the loan. On July 19, 2016, Connexxion made a payment on the secured loan. On January 3, 2017, CAE gave Connexxion and Ms. Pelletier formal notice to repay the balance of the loan, which had been due since December 18, 2016. On January 27, 2017, Connexxion made an assignment of its property under the Bankruptcy and Insolvency Act (BIA). Ms. Pelletier’s proposal was refused by her creditors, so she was deemed to have made an assignment of her property on June 13, 2017. On January 30, 2018, CAE obtained leave to continue its proceedings through a civil action against Connexxion pursuant to ss. 69.4 and 178 of the BIA. CAE also filed a motion for leave to continue the proceedings through a civil action against Ms. Pelletier under the same sections of the BIA. The Superior Court granted leave to continue the proceedings. The Court of Appeal allowed the appeal and dismissed the motion for leave to continue the proceedings.
Lower court rulings
Superior Court of Quebec
2018 QCCS 2273, 540-11-009748-171
Leave granted to continue proceedings pursuant to ss. 69.4 and 178 of Bankruptcy and Insolvency Act in Superior Court, Civil Division (No. 700 17 013956 171)
Court of Appeal of Quebec (Montréal)
2019 QCCA 2164, 500-09-027560-184
Appeal allowed and motion for leave to continue proceedings 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