Case information
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40383
Rachad Itani v. Société générale de Banque au Liban SAL
(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) |
|---|---|---|
| 2023-04-14 | Close file on Leave | |
| 2023-03-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-03-30 | Judgment on leave sent to the parties | |
| 2023-03-30 |
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 500-09-028792-208, 2022 QCCA 920, dated June 29, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2023-03-30 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2023-02-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-02-20 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-11-25 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2022-11-30, (Printed version filed on 2022-12-19) | Rachad Itani |
| 2022-11-16 | Certificate (on limitations to public access), 23A | Société générale de Banque au Liban SAL |
| 2022-11-16 | Notice of name | Société générale de Banque au Liban SAL |
| 2022-11-16 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-11-24, (Printed version filed on 2022-11-17) | Société générale de Banque au Liban SAL |
| 2022-10-26 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2022-10-31, (Printed version filed on 2022-10-27) | Rachad Itani |
| 2022-10-17 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2022-09-29 | Certificate (on limitations to public access), 23A | Rachad Itani |
| 2022-09-29 |
Application for leave to appeal, (Book Form), Require: - motion to extend time (rec'd 2022-10-26), Completed on: 2022-10-31, (Printed version due on 2022-10-07) |
Rachad Itani |
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 |
|---|---|---|
| Itani, Rachad | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Société générale de Banque au Liban SAL | Respondent | Active |
Counsel
Party: Itani, Rachad
Counsel
François Laurin-Pratte
Sophie Courville
1000, rue de la Gauchetière Ouest
21ième étage
Montréal, Quebec
H3B 4W5
Telephone: (514) 904-8100
FAX: (514) 904-8101
Email: afallon@osler.com
Party: Société générale de Banque au Liban SAL
Counsel
Celina Toia
Bureau 210
1240, avenue Beaumont
Montréal, Quebec
H3P 3E5
Telephone: (514) 735-0099 Ext: 412
FAX: (514) 735-7334
Email: r.faguy@pfdavocats.com
Summary
Keywords
Private international law — Foreign arbitration award — Recognition and enforcement — Prescription — Prescriptive period applicable to recognition and enforcement of arbitration award in Quebec — Whether term “judgment”, as used in art. 2924 C.C.Q., must be read as including arbitration award — Whether prescriptive period applicable in Quebec for application to have foreign arbitration award recognized and declared enforceable in Quebec is exceptional 3-year period stipulated in art. 2925 C.C.Q., 10-year period provided for in art. 2924 C.C.Q. or general 10-year period provided for in art. 2922 C.C.Q. — Civil Code of Québec, arts. 2922, 2924, 2925.
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 April 2000, the applicant, Rachad Itani, took out a loan for €1,000,000 from the respondent, Société générale de Banque au Liban SAL, to finance the purchase of a securities portfolio in Lebanon. The securities were held in a trust patrimony managed by the respondent. The parties signed a trust agreement to secure the repayment of the loan and to set terms for the management of the trust patrimony. The trust agreement included an arbitration clause. The respondent requested arbitration in accordance with the clause. On August 10, 2006, in Beirut, the arbitrator ordered the applicant to repay the respondent €1,319,733.27 with interest at the rate of 4 percent from January 29, 2005. In April 2016, the respondent applied to the Quebec Superior Court to have the arbitration award recognized and enforced. The applicant opposed the application, arguing that it was subject to the 3 year prescriptive period, which had passed. The Quebec Superior Court held that the 10-year prescriptive period in art. 2924 of the Civil Code of Québec applied in this case. It recognized the arbitration award and declared the award enforceable in Quebec, and it ordered the applicant to pay the respondent more than $2.5 million. The Quebec Court of Appeal affirmed the trial judgment as regards the issue of the applicable prescriptive period.
Lower court rulings
Superior Court of Quebec
2019 QCCS 5266, 500-17-093234-162
Judgment rendered recognizing foreign arbitration award and declaring it enforceable in Quebec and ordering applicant to pay respondent more than $2.5 million
Court of Appeal of Quebec (Montréal)
2022 QCCA 920, 500-09-028792-208
Appeal allowed for sole purpose of adding paragraph to trial judgment
Memorandums of argument on application for leave to appeal
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 filing 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.
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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.
Downloadable PDFs
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