Case information
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40146
Denis Poirier, et al. v. Mathieu Ambroise, 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) |
|---|---|---|
| 2022-10-27 | Close file on Leave | |
| 2022-09-01 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-09-01 | Judgment on leave sent to the parties | |
| 2022-09-01 |
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 500-09-700029-218, 2022 QCCA 228, dated February 9, 2022, is dismissed. Dismissed |
|
| 2022-07-18 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-05-26 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-05-26 | |
| 2022-04-07 | Certificate (on limitations to public access), 23A | Denis Poirier |
| 2022-04-07 | Notice of name, (Letter Form) | Relance-Immo inc. |
| 2022-04-07 | Application for leave to appeal, (Book Form), (2 volumes), Completed on: 2022-04-07, (Printed version filed on 2022-04-08) | Denis Poirier |
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 |
|---|---|---|
| Poirier, Denis | Applicant | Active |
| Relance-Immo inc. | Applicant | Active |
| 9298-9524 Québec inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ambroise, Mathieu | Respondent | Active |
| 9185-4620 Québec inc. | Respondent | Active |
Counsel
Party: Poirier, Denis
Counsel
466A, rue Bonaventure
Trois-Rivières, Quebec
G9A 2B4
Telephone: (819) 840-1881
FAX: (819) 840-1880
Email: fdaigle@dmdroit.com
Party: Relance-Immo inc.
Counsel
466A, rue Bonaventure
Trois-Rivières, Quebec
G9A 2B4
Telephone: (819) 840-1881
FAX: (819) 840-1880
Email: fdaigle@dmdroit.com
Party: 9298-9524 Québec inc.
Counsel
466A, rue Bonaventure
Trois-Rivières, Quebec
G9A 2B4
Telephone: (819) 840-1881
FAX: (819) 840-1880
Email: fdaigle@dmdroit.com
Party: Ambroise, Mathieu
Counsel
3380, rue Notre-Dame, Bureau 200
Lachine, Quebec
H8T 1W7
Telephone: (514) 637-5568 Ext: 211
FAX: (514) 637-5606
Email: alainb@barretteavocats.com
Party: 9185-4620 Québec inc.
Counsel
3380, rue Notre-Dame, Bureau 200
Lachine, Quebec
H8T 1W7
Telephone: (514) 637-5568 Ext: 211
FAX: (514) 637-5606
Email: alainb@barretteavocats.com
Summary
Keywords
Civil liability - Offer to purchase immovable affected by suspensive condition - Restitution of deposit on basis of facts triggering suspensive condition - Award in solidum against debtors - Whether courts below erred in applying and assessing criteria related to application of art. 1699 of Civil Code of Québec (CCQ) by permitting undue reimbursement of amount not paid by claimant - Whether courts below erred in assessing fraud in civil matters - Civil Code of Québec, art. 1699.
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.
On October 1, 2014, the respondent Mathieu Ambroise, on behalf of a company to be formed, signed an offer to purchase an immovable in Gatineau owned by 9255-1175 Québec inc., a company controlled by the applicant Denis Poirier and Tony M. Palmorino. Mr. Ambroise paid a deposit of $210,000, which consisted of $100,000 paid to the applicants’ lawyers and $110,000 to the applicant Relance-Immo inc., a company controlled by Mr. Poirier. The purchase of the immovable remained conditional on obtaining financing. Following various discussions with banking institutions in the summer of 2015, Mr. Ambroise was unable to obtain the necessary financing, which meant that the transaction fell through. He eventually tried and failed to recover his deposit from 9255-1175 Québec inc. In the fall of 2017, Mr. Ambroise and 9185-4620 Québec inc. therefore brought court proceedings against Mr. Poirier, Mr. Palmorino, 9255-1175 Québec inc., 9298-9524 Québec inc. and Relance-Immo inc. seeking restitution of the deposit. In July 2018, 9298-9524 Québec inc. sold the immovable to a third party for $900,000. The Superior Court allowed the originating application in part and made an award in solidum against Mr. Poirier, Mr. Palmorino, 9255-1175 Québec inc., 9298-9524 Québec inc. and Relance-Immo inc. requiring them to pay Mr. Ambroise $210,000. The cross-application filed by 9298-9524 Québec inc. was dismissed. The Court of Appeal dismissed the appeal.
Lower court rulings
Superior Court of Quebec
2021 QCCS 2802, 500-17-100437-170
Originating application allowed in part
Cross-application dismissed
Application for declaration of breaches in conduct of proceeding dismissed
Court of Appeal of Quebec (Montréal)
2022 QCCA 228, 500-09-700029-218
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
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