Case information
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39891
Yahya Khader, et al. v. SNC-Lavalin Inc.
(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) |
|---|---|---|
| 2022-05-04 | Close file on Leave | |
| 2022-04-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-04-28 | Judgment on leave sent to the parties | |
| 2022-04-28 |
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 500-09-027830-181, 2021 QCCA 1296, dated August 26, 2021 is dismissed with costs. Dismissed, with costs |
|
| 2022-02-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-12-20 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-01-07, (Printed version filed on 2021-12-20) | Yahya Khader |
| 2021-12-10 | Certificate (on limitations to public access) | SNC-Lavalin Inc. |
| 2021-12-10 | Notice of name | SNC-Lavalin Inc. |
| 2021-12-10 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-12-13 | SNC-Lavalin Inc. |
| 2021-12-03 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2021-12-03 | |
| 2021-10-25 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-10-26) | Yahya Khader |
| 2021-10-25 | Application for leave to appeal, (Book Form), (2 volumes), Completed on: 2021-10-25, (Printed version filed on 2021-10-26) | Yahya Khader |
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 |
|---|---|---|
| Khader, Yahya | Applicant | Active |
| Khader, Ibrahim L. | Applicant | Active |
| Daher, George | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| SNC-Lavalin Inc. | Respondent | Active |
Counsel
Party: Khader, Yahya
Counsel
François Goyer
Suite 1400, Place Alexis Nihon, Tower 2
3500, De Maisonneuve Blvd. West
Montréal, Quebec
H3Z 3C1
Telephone: (514) 935-4460
FAX: (514) 935-2999
Email: dmitchell@imk.ca
Party: Khader, Ibrahim L.
Counsel
François Goyer
Suite 1400, Place Alexis Nihon, Tower 2
3500, De Maisonneuve Blvd. West
Montréal, Quebec
H3Z 3C1
Telephone: (514) 935-4460
FAX: (514) 935-2999
Email: dmitchell@imk.ca
Party: Daher, George
Counsel
François Goyer
Suite 1400, Place Alexis Nihon, Tower 2
3500, De Maisonneuve Blvd. West
Montréal, Quebec
H3Z 3C1
Telephone: (514) 935-4460
FAX: (514) 935-2999
Email: dmitchell@imk.ca
Party: SNC-Lavalin Inc.
Counsel
Dominique Noël
1 Place de Ville Marie
Suite 2500
Montréal, Quebec
H3B 1R1
Telephone: (514) 847-4445
FAX: (514) 286-5474
Email: olivier.kott@nortonrosefulbright.com
Summary
Keywords
Contracts — Civil liability — Conditions of liability of a third party — Contractual disruption or interference — Extra contractual fault of omission — Whether there is a categorical rule in Québec civil law precluding liability for contractual interference when the alleged fault is an omission — Civil Code of Québec, art. 1457
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 Yahya Khader, Ibrahim L. Khader and George Daher were employees of the Saudi company Zuhair Fayez Partnership (“ZFP”). They established the Industrial Division therein, allowing ZFP to engage in various industrial engineering projects in Saudi Arabia. The applicants and ZFP agreed on various compensation arrangements with a view to sharing the profits generated by the Industrial Division or its value, including in the event it were to be transferred in whole or in part to a third party. In January 2010, ZFP and the respondent SNC Lavalin Inc. (“SNC”) agreed to pool their resources and establish Newco, a company of which they would be the shareholders and which would allow them to do business with a major client in Saudi Arabia. In April 2010, ZFP entered into a new compensation agreement with the applicants, entitled “Management Compensation Agreement” (“MCA”). In November 2011, following several disagreements, ZFP dismissed the applicants on various grounds and unilaterally terminated all their contracts, including the MCA. In June 2012, ZFP and SNC finalized their agreement and signed a “Shareholders’ Agreement” providing for the creation of Newco.
The applicants instituted proceedings before the courts, claiming that SNC induced ZFP to terminate their employment, and seeking damages in the amount of $33,194,961.22 from SNC on the basis of extra contractual fault. The Superior Court dismissed the applicants’ action and declared it be manifestly unfounded and abusive. The Court of Appeal granted their application to adduce indispensable new evidence regarding three Saudi judgments that confirmed the unlawful termination of the worker contract, but dismissed their appeal.
Lower court rulings
Superior Court of Quebec
500-17-074040-125
Action dismissed and declared to be manifestly unfounded and abusive
Court of Appeal of Quebec (Montréal)
2021 QCCA 1296, 500-09-027830-181
Application to adduce indispensable new evidence granted; 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