Case information
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40679
Michel Primeau v. Ricci, Teasdale, Huissiers de Justice 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) |
|---|---|---|
| 2023-09-21 | Close file on Leave | |
| 2023-09-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-09-21 | Judgment on leave sent to the parties | |
| 2023-09-21 |
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 500-09-030276-224, 2023 QCCA 112, dated January 27, 2023, is dismissed. Dismissed |
|
| 2023-07-31 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-05-16 | Correspondence received from, Intervener supports application but will not file a response | Susanne Iwanow-Hooper |
| 2023-05-02 | Correspondence received from, Respondent will not file a response | Ricci, Teasdale, Huissiers de Justice inc. |
| 2023-04-12 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2023-04-12 | |
| 2023-03-28 | Certificate (on limitations to public access), 23A | Michel Primeau |
| 2023-03-28 | Application for leave to appeal, (Book Form), Completed on: 2023-05-09 | Michel Primeau |
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 |
|---|---|---|
| Primeau, Michel | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ricci, Teasdale, Huissiers de Justice inc. | Respondent | Active |
Counsel
Party: Primeau, Michel
This party is not represented by counsel.
Party: Ricci, Teasdale, Huissiers de Justice inc.
Counsel
5, Place Ville Marie, #900
Montréal, Quebec
H3B 2G2
Telephone: (514) 876-6236
FAX: (514) 878-3053
Email: sracette@belangersauve.com
Summary
Keywords
Civil procedure — Courts — Powers — Sanctions for abuse of procedure — Remedies — Whether the judgment a quo manifestly erred in the causation analysis — Whether the judgment a quo manifestly erred in determining that no serious allegation is made that the respondent carried out an illicit and intentional violation of a Charter-protected right, nor any other fault that could give rise to punitive damages – Whether the judgment a quo manifestly erred in determining that there is a lack of causality with the prejudice asserted and also that the damages claimed in respect of the respondent constitute an abuse.
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 applicant, Michel Primeau, commenced an action in the Court of Quebec seeking damages against the respondent bailiffs, Ricci, Teasdale, Huissiers de Justice Inc. The action was brought after a vehicle that the applicant was given use and possession of by a debtor as collateral for a loan the debtor owed the applicant, and which was registered by a lien, was seized by the respondent and returned to the debtor. The respondent applied to dismiss the applicant’s action as abusive in that it was manifestly unfounded pursuant to art. 51 of the Code of Civil Procedure, CQLR, c. 25.01 (“C.C.P.”). The Court of Quebec granted the respondent’s application and dismissed the applicant’s originating application against it. One judge at the Court of Appeal of Quebec dismissed the applicant’s application for leave to appeal that decision.
Lower court rulings
Court of Quebec
2022 QCCQ 6445, 500-22-253710-191
Respondent’s application to dismiss action pursuant to art. 51 C.C.P. granted;
Applicant’s originating application dismissed.
Court of Appeal of Quebec (Montréal)
2023 QCCA 112, 500-09-030276-224
Application 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