Case information
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40226
Ekens Azubuike v. Copart Canada Inc., et al.
(Quebec) (Criminal) (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) |
|---|---|---|
| 2023-01-26 | Close file on Leave | |
| 2023-01-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-01-26 | Judgment on leave sent to the parties | |
| 2023-01-26 |
Judgment of the Court on the application for leave to appeal, Pursuant to Rule 8 of the Rules of the Supreme Court of Canada, the time to serve and file the applicant’s reply, is extended to September 19, 2022. The motion for a stay of execution is dismissed. The other various requests for miscellaneous relief are dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-007736-224, 2022 QCCA 372, dated March 14, 2022, is dismissed. Dismissed |
|
| 2023-01-26 |
Decision on the miscellaneous motion, see judgment on application for leave to appeal Dismissed |
|
| 2023-01-26 |
Decision on the motion for a stay of execution, see judgment on application for leave to appeal Dismissed |
|
| 2022-12-13 | Correspondence received from, (Letter Form), Notice of representation. | Ekens Azubuike |
| 2022-12-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-12-12 | Submission of miscellaneous motion, for consideration by the Court | |
| 2022-12-12 | Submission of motion for a stay of execution, for consideration by the Court | |
| 2022-12-08 | Correspondence received from, (Letter Form), Notice of opposition to grant Copart Canada Inc. special preference | Ekens Azubuike |
| 2022-11-30 | Correspondence received from, (Letter Form), Applicant confirms they do not wish to file a motion for extension of time to file the reply. | Ekens Azubuike |
| 2022-10-04 | Notice of miscellaneous motion, (Book Form), Completed on: 2022-12-14 | Ekens Azubuike |
| 2022-10-04 | Notice of miscellaneous motion, (Book Form), Completed on: 2022-12-14 | Ekens Azubuike |
| 2022-10-04 | Motion for a stay of execution, (Letter Form), Completed on: 2022-12-14 | Ekens Azubuike |
| 2022-09-19 |
Applicant's reply to respondent's argument, (Letter Form), Missing: -motion for extension of time, Completed on: 2022-12-14, (Printed version due on 2022-09-26) |
Ekens Azubuike |
| 2022-08-31 | Supplemental document, (Letter Form), Supplemental 03: sales invoices by Copart, (Printed version due on 2022-09-08) | Ekens Azubuike |
| 2022-08-19 |
Correspondence received from, (Letter Form), request for an urgent order from the motion for stay of execution and order from rule 92.1 request for a delay in the proceeding on the merits of the case due to the delay in receiving the transcripts of the court file, as the request is made in English, (Printed version due on 2022-08-26) |
Ekens Azubuike |
| 2022-07-25 | Supplemental document, (Letter Form), Supplemental 02: annexes, (Printed version due on 2022-08-02) | Ekens Azubuike |
| 2022-07-25 | Correspondence received from, (Letter Form), Applicant seeks order under rule 92.1, (Printed version due on 2022-08-02) | Ekens Azubuike |
| 2022-07-25 | Correspondence received from, (Letter Form), Applicant intends on replying to respondent's response, (Printed version due on 2022-08-02) | Ekens Azubuike |
| 2022-07-22 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-07-26) | His Majesty the King |
| 2022-07-22 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2022-07-25, (Printed version filed on 2022-07-26) | His Majesty the King |
| 2022-07-04 | Correspondence received from, (Letter Form), (Printed version due on 2022-07-11) | Ekens Azubuike |
| 2022-06-21 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2022-06-21 | |
| 2022-03-14 |
Supplemental document, (Book Form), (Included in the application for leave to appeal), Notice of Consitutional Question received: amended full application, motion, notice of CQ, supplemental material (rec'd 2022-07-09), (Printed version due on 2022-03-21) |
Ekens Azubuike |
| 2022-03-14 |
Motion for a stay of execution, (Book Form), (Included in the application for leave to appeal), require: -amended motion for stay (rec'd 2022-07-09) -re-amended motion for stay citing the section of law under which the motion is made and an affidavit in support of your motion (rec'd 2022-07-13) received: amended full application, motion, notice of CQ, supplemental material (rec'd 2022-07-09), Completed on: 2022-07-13, (Printed version due on 2022-03-21) |
Ekens Azubuike |
| 2022-03-14 |
Application for leave to appeal, (Book Form), require: -amended motion for stay (rec'd 2022-07-09) -re-amended motion for stay citing the section of law and including an affidavit in support (rec'd 2022-07-13) -CA Judgment dated 2022-03-14 (rec'd 2022-07-09) -TC Judgment dated 2022-01-21 (rec'd 2022-07-09) received: amended full application, motion, notice of CQ, supplemental material (rec'd 2022-07-09), Completed on: 2022-09-29, (Printed version due on 2022-03-21) |
Ekens Azubuike |
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 |
|---|---|---|
| Azubuike, Ekens | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Copart Canada Inc. | Respondent | Active |
| His Majesty the King | Respondent | Active |
Counsel
Party: Azubuike, Ekens
This party is not represented by counsel.
Party: Copart Canada Inc.
Counsel
800 Victoria Square, Suite 3500
P.O. Box 242
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-5293
FAX: (514) 397-7600
Email: nmancini@fasken.com
Party: His Majesty the King
Counsel
Telephone: (819) 449-5510
Email: denis.trottier@dpcp.gouv.qc.ca
Summary
Keywords
Criminal law — Detention of things seized — Return of seized property — Applicant charged with fraud and possession of stolen vehicles — Vehicles seized by police — Court of first instance granting respondent-owner’s application for return of seized vehicles — Superior Court judge dismissing appeal — Appeal court dismissing further appeal for lack of jurisdiction — Whether courts below erred in returning seized vehicles — Whether application raises legal question of public importance — Criminal Code, R.S.C. 1985, c. C-46, s. 490.
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 respondent Copart Canada Inc. sells used vehicles through online auctions. In January 2020, Copart complained to police about an allegedly fraudulent transaction in the amount of $300,000 in relation to the sale of 57 vehicles. A police investigation led to criminal charges against the applicant, Ekens Azubuike, for fraud and for possession of stolen property. Police found and seized 36 of the 57 vehicles. In November 2020, Copart was informed by the police that the vehicles were no longer required for the investigation. In January 2021, Copart filed an application pursuant to s. 490 of the Criminal Code for the return of the seized vehicles. The Court of Quebec granted Copart’s application for the return of the vehicles. The Superior Court of Quebec dismissed Mr. Azubuike’s appeal from this decision, and the Quebec Court of Appeal dismissed a further appeal by Mr. Azubuike, for lack of jurisdiction over the proceedings.
Lower court rulings
Court of Quebec
500-01-207497-204
Copart Canada Inc.’s application for return of seized property — granted
Superior Court of Quebec
2022 QCCS 254, 500-36-009971-212
Mr. Azubuike’s appeal of Court of Quebec order — dismissed
Court of Appeal of Quebec (Montréal)
2022 QCCA 372, 500-10-007736-224
• Crown’s motion to dismiss Mr. Azubuike’s appeal — granted;
• Mr. Azubuike’s appeal of Superior Court order — dismissed;
• Mr. Azubuike’s motion for stay of Superior Court order — dismissed;
• Mr. Azubuike’s motion to present a constitutional question — dismissed
Memorandums of argument on application for leave to appeal
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Downloadable PDFs
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Related links
Factums on appeal
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.
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