Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
40747
Pierre Joseph Ulysse v. Bank of Nova Scotia
(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) |
|---|---|---|
| 2023-10-06 | Close file on Leave | |
| 2023-10-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-10-05 | Judgment on leave sent to the parties | |
| 2023-10-05 |
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 500-09-030253-223, 2023 QCCA 360, dated March 17, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2023-10-05 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2023-09-05 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-09-05 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-07-07 |
Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Missing: -Proof of service (rec'd 2023-07-11) -Filing Fees (rec'd 2023-09-07), Completed on: 2023-09-07 |
Pierre Joseph Ulysse |
| 2023-06-19 |
Notice of name, Missing: -Amended version indicating the style of cause (rec'd 2023-06-20), (Printed version filed on 2023-06-21) |
Bank of Nova Scotia |
| 2023-06-19 | Certificate (on limitations to public access), Form 23B, (Printed version due on 2023-06-26) | Bank of Nova Scotia |
| 2023-06-19 |
Certificate (on limitations to public access), Form 23A Missing: -Amended version indicating the style of cause (rec'd 2023-06-20), (Printed version filed on 2023-06-21) |
Bank of Nova Scotia |
| 2023-06-16 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2023-06-20, (Printed version filed on 2023-06-16) | Bank of Nova Scotia |
| 2023-05-24 | Letter advising parties of an incomplete application for leave to appeal, File opened May 24, 2023 | |
| 2023-05-17 | Certificate (on limitations to public access), Public access to information form | Pierre Joseph Ulysse |
| 2023-05-17 |
Application for leave to appeal, (Book Form), Missing: -Filing fees (rec'd 2023-07-11) -Amended notice to cite the proper CA file number (rec'd 2023-07-07) -Motion to extend time (rec'd 2023-07-07), Completed on: 2023-07-12 |
Pierre Joseph Ulysse |
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 |
|---|---|---|
| Ulysse, Pierre Joseph | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Bank of Nova Scotia | Respondent | Active |
Counsel
Party: Ulysse, Pierre Joseph
This party is not represented by counsel.
Party: Bank of Nova Scotia
Counsel
800, boul. René-Lévesque Ouest
26e étage
Montréal, Quebec
H3B 1X9
Telephone: (514) 878-3234
FAX: (514) 878-5734
Email: bpelchat@dgchait.com
Summary
Keywords
Hypothecs — Default — Forced surrender — Homologation of transaction — Applicant seeking homologation of transaction providing for payment of arrears on hypothecary loan so that transaction could be set up against respondent for entire loan — Whether Superior Court can justify not homologating, under art. 528 of Code of Civil Procedure, transaction whose legality and validity it has confirmed — Whether trial judge erred in applying that article by refusing to homologate transaction — Whether analysis from Borowski v. Canada (Attorney General), [1989] 1 S.C.R. 342, applies on motion for homologation under article of Code of Civil Procedure — If so, on what conditions and with what parameters — Whether there are situations in which transaction within meaning of arts. 2631 et seq. of Civil Code of Québec can terminate court proceeding without having authority of res judicata between parties who entered into it.
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 borrowed a sum of money from the respondent, the Bank of Nova Scotia (“Bank”), that was secured by a hypothec. After the applicant defaulted on the monthly payments owed on the hypothecary loan, the Bank brought an application for forced surrender against him in November 2019. That application was settled in February 2020 through a transaction under which the applicant made the payments then owing on the loan, which amounted to $6,321.49.
In June 2021, the Bank brought a new judicial application for forced surrender because the applicant had failed to make periodic payments on the hypothecary loan since November 2020. The balance of the loan claimed was then $222,744.09, plus interest and the additional indemnity.
The applicant argued that the February 2020 settlement applied not only to the balance of the arrears at that time but also to the entire hypothecary loan, such that he no longer owed the Bank anything. The applicant applied to the Superior Court for the homologation of the February 2020 transaction so that it could be set up against the Bank in the second application for forced surrender.
The Superior Court dismissed the motion for homologation of the transaction. The Court of Appeal dismissed the appeal.
Lower court rulings
Superior Court of Quebec
500-17-110687-194
Applicant’s amended motion for homologation of transaction dismissed
Court of Appeal of Quebec (Montréal)
2023 QCCA 360, 500-09-030253-223
Motion to dismiss appeal allowed; 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