Case information
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40244
Richard Lamothe v. André Joncas, 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) |
|---|---|---|
| 2023-06-21 | Close file on Leave | |
| 2023-05-25 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-05-25 | Judgment on leave sent to the parties | |
| 2023-05-25 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-029840-212, 2022 QCCA 6, dated January 6, 2022, is dismissed. Dismissed |
|
| 2023-05-25 |
Decision on motion to extend time to file and /or serve the leave application, See decision on judgment Granted |
|
| 2023-05-23 | Correspondence received from, additional opinion regarding the Court of Appeal decision. | Richard Lamothe |
| 2023-04-17 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-04-17 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-07-15 | Correspondence received from, (Letter Form), Applicant requests that the application be held until August 12, 2022. On August 5, 2022, they will file a motion for new evidence at the QCCA. If the request is accepted, they will not need to proceed at the SCC. If the request is rejected, they will continue the proceedings at the SCC. , (Printed version due on 2022-07-22) | Richard Lamothe |
| 2022-07-13 | Correspondence received from, (Letter Form), The Applicant will be trying to file a "Motion for new evidence" at the Quebec Court of Appeal. Therefore, they ask for a pause before continuing this application before the SCC. , (Printed version due on 2022-07-20) | Richard Lamothe |
| 2022-07-11 | Certificate (on limitations to public access), (Letter Form), require: service, (Printed version due on 2022-07-18) | Richard Lamothe |
| 2022-06-28 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2022-06-28 | |
| 2022-05-03 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), require: service (rec'd 2022-06-28), Completed on: 2022-06-28, (Electronic version filed on 2022-06-28) | Richard Lamothe |
| 2022-05-03 |
Application for leave to appeal, (Book Form), AMENDED version of the LTA received on 2022-11-30 require: -service (rec'd 2022-06-28) -public access to information form (rec'd 2022-07-11) -amended notice of application (rec'd 2022-07-11) -re-amended notice of application (rec'd 2022-07-15) -service for public access form, amended notice of application, re-amended notice of application (rec'd 2022-07-20), Completed on: 2022-08-15, (Electronic version filed on 2022-06-28) |
Richard Lamothe |
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 |
|---|---|---|
| Lamothe, Richard | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Joncas, André | Respondent | Active |
| Services Financiers André Joncas inc. | Respondent | Active |
| Société d'assurance Westport | Respondent | Active |
Counsel
Party: Lamothe, Richard
This party is not represented by counsel.
Party: Joncas, André
Counsel
2000 av. McGill College, bureau 2150
Montréal, Quebec
H3A 3H3
Telephone: (514) 499-7477
FAX: (514) 499-7478
Email: vmessier@donatimaisonneuve.ca
Party: Services Financiers André Joncas inc.
Counsel
2000 av. McGill College, bureau 2150
Montréal, Quebec
H3A 3H3
Telephone: (514) 499-7477
FAX: (514) 499-7478
Email: vmessier@donatimaisonneuve.ca
Party: Société d'assurance Westport
Counsel
2000 av. McGill College, bureau 2150
Montréal, Quebec
H3A 3H3
Telephone: (514) 499-7477
FAX: (514) 499-7478
Email: vmessier@donatimaisonneuve.ca
Summary
Keywords
Civil liability — Fault — Negligence — Insurance broker not following up on client’s request to increase disability benefit and to review his insurance — Client suffering injury about two years later — Court of Québec dismissing application for damages — Court of Appeal dismissing motion for leave to appeal — Whether leave application raises questions of public importance.
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.
None.
Lower court rulings
Court of Quebec
2021 QCCQ 13038, 705-22-019104-205
Applicant’s originating application dismissed
Court of Appeal of Quebec (Montréal)
2022 QCCA 6, 500-09-029840-212
Motion for leave to 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