Case information
Consult our database for details on a Supreme Court of Canada case.
39148
MC Commercial inc., et al. v. Lise Collerette
(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 | |
| 2020-12-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-12-11 | Judgment on leave sent to the parties | |
| 2020-12-10 |
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 500-09-028531-192, 2020 QCCA 305, dated February 21, 2020, is dismissed with costs to the respondent. Dismissed, with costs |
|
| 2020-11-02 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-10-01 | Intervener's memorandum of argument on application for leave, (Letter Form), The intervener supports the position of the applicants and, if leave to appeal is granted, request permission to make the relevant oral and/or written submissions., Completed on: 2020-10-01 | James R. Fleck |
| 2020-09-23 | Certificate (on limitations to public access), (Letter Form), reply, (Printed version filed on 2020-09-25) | MC Commercial inc. |
| 2020-09-23 | Notice of name, (Letter Form), reply, (Printed version filed on 2020-09-25) | MC Commercial inc. |
| 2020-09-23 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2020-09-23, (Printed version filed on 2020-09-25) | MC Commercial inc. |
| 2020-07-24 | Certificate (on limitations to public access), (Letter Form), required: proof of service (rec'd 2020/07/27), (Printed version filed on 2021-02-10) | Lise Collerette |
| 2020-07-24 | Respondent's response on the application for leave to appeal, (Book Form), required: proof of service (rec'd 2020/07/27), Completed on: 2020-07-27, (Printed version filed on 2021-02-10) | Lise Collerette |
| 2020-06-09 | Notice of name, (Letter Form) | Retraite Québec |
| 2020-06-09 | Correspondence received from, (Letter Form), Notice of non-participation: please note that Retraite Québec, Intervenor, certifies that it has no representation to offer to the Court and therefore will not be present. | Retraite Québec |
| 2020-05-12 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2020/05/12 | |
| 2020-04-21 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-02-10) | MC Commercial inc. |
| 2020-04-21 | Notice of name, (Letter Form), (Printed version filed on 2021-02-10) | MC Commercial inc. |
| 2020-04-21 | Application for leave to appeal, (Book Form), Filing fee received 2021-02-10, Completed on: 2020-04-21, (Printed version filed on 2021-02-10) | MC Commercial 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 |
|---|---|---|
| MC Commercial inc. | Applicant | Active |
| Berrondo, Luis | Applicant | Active |
| Andrea Lombardo Behrens, in her capacity as liquidator of the succession of Francisco Berrondo | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Collerette, Lise | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Fleck, James R. | Intervener | Active |
| Retraite Québec | Intervener | Active |
Counsel
Party: MC Commercial inc.
Counsel
Hannah Toledano
Joseph-Anaël Lemieux
1501 avenue McGill College
26th Floor
Montreal, Quebec
H3A 3N9
Telephone: (514) 841-6548
FAX: (514) 841-6499
Email: nrodrigo@dwpv.com
Party: Berrondo, Luis
Counsel
Hannah Toledano
Joseph-Anaël Lemieux
1501 avenue McGill College
26th Floor
Montreal, Quebec
H3A 3N9
Telephone: (514) 841-6548
FAX: (514) 841-6499
Email: nrodrigo@dwpv.com
Party: Andrea Lombardo Behrens, in her capacity as liquidator of the succession of Francisco Berrondo
Counsel
Hannah Toledano
Joseph-Anaël Lemieux
1501 avenue McGill College
26th Floor
Montreal, Quebec
H3A 3N9
Telephone: (514) 841-6548
FAX: (514) 841-6499
Email: nrodrigo@dwpv.com
Party: Collerette, Lise
Counsel
Farhad Shayegh
1717, boul. René-Lévesque Est
Suite 300
Montréal, Quebec
H2L 4T3
Telephone: (514) 525-3414 Ext: 328
FAX: (514) 525-2803
Email: sbeauchamp@mmgs.qc.ca
Party: Fleck, James R.
Counsel
2500-1000 De La Gauchetière St. W.
Montréal, Quebec
H3B 0A2
Telephone: (514) 397-4100
FAX: (514) 875-6246
Email: mpoplaw@mccarthy.ca
Party: Retraite Québec
Counsel
2600, boul. Laurier
Bureau 760
Québec, Quebec
G1V 4T3
Telephone: (418) 657-8702 Ext: 3018
FAX: (418) 643-9590
Email: marc-andre.maltais@retraitequebec.gouv.qc.ca
Summary
Keywords
Civil procedure ? Class action ? Declinatory exception ? Subject matter jurisdiction ? Collective agreement ? Whether creditor of bankrupt company can use class action mechanism to bring claim in nature of Paulian action without first obtaining authorization of bankruptcy court having jurisdiction under Bankruptcy and Insolvency Act, R.S.C. 1985, c. B 3 ? Where question of subject matter jurisdiction arises, whether identity of parties being sued in case is deciding factor in determining essential character of dispute.
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.
In 2011, following a reorganization, the applicant MC Commercial inc., which had just been established, acquired certain assets related to the commercial activities of Mabe Canada Inc., a manufacturer and distributor of household appliances. The two companies’ employees were divided up based on their membership in the various pension plans in place. In 2014, Mabe Canada made an assignment of its property, thereby depriving the employees of amounts owed under the pension plan and other benefits provided for in the collective agreements. In 2017, the respondent, Lise Collerette, filed an application for authorization to institute a class action and to be designated representative plaintiff for the members of a class made up of former employees of Mabe Canada and MC Commercial inc. who were members of a pension plan. She sought to hold MC Commercial, the applicants Luis Berrondo and Andrea Lombardo Behrens, in her capacity as liquidator of the succession of Francisco Berrondo, and the intervener James R. Fleck civilly liable for oppression as a result of the commercial reorganization in 2011. She also sought recognition that the members of the proposed class were creditors entitled to an oppression remedy under ss. 238 and 241 of the Canada Business Corporations Act, R.S.C. 1985, c. C 44. Francisco Berrondo (now deceased) and Mr. Fleck were directors and officers of MC Commercial. The Superior Court dismissed the applicants’ declinatory exception based on lack of subject matter jurisdiction, and the Court of Appeal dismissed the appeal.
Lower court rulings
Superior Court of Quebec
2019 QCCS 3220 ;, 500-06-000882-171 ;
Application for dismissal for lack of subject matter jurisdiction dismissed
Court of Appeal of Quebec (Montréal)
2019 QCCA 1792 ;, 500-09-028531-192 ;
See file
Court of Appeal of Quebec (Montréal)
2020 QCCA 305 ;, 500-09-028531-192 ;
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
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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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