Case information
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40794
Per4ma Sports Technology Ltd., et al. v. 172142 Canada Inc., 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) |
|---|---|---|
| 2025-08-27 | Close file on Leave | |
| 2025-02-21 | Correspondence (sent by the Court) to, RE: Certificate of Taxation | |
| 2025-02-21 | Certificate of taxation issued to, David Wiseman | |
| 2025-02-21 | Decision on the bill of costs, in the amount of $1,883.18, Reg | |
| 2025-02-21 | Submission of the bill of costs, Reg | |
| 2024-04-04 |
Bill of costs, UNDER REVIEW Missing filing fee, Completed on: 2025-08-27 |
172142 Canada Inc. |
| 2024-01-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-01-11 | Judgment on leave sent to the parties | |
| 2024-01-11 |
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 500-09-030005-227, 2023 QCCA 555, dated April 27, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2023-11-27 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-08-28 | Certificate (on limitations to public access), 23A, (Printed version filed on 2023-08-29) | 172142 Canada Inc. |
| 2023-08-28 | Notice of name, (Printed version filed on 2023-08-29) | 172142 Canada Inc. |
| 2023-08-28 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-08-29, (Printed version filed on 2023-08-29) | 172142 Canada Inc. |
| 2023-06-26 | Letter acknowledging receipt of an incomplete application for leave to appeal, File opened on June 26, 2023 | |
| 2023-06-22 | Certificate (on limitations to public access), Form 23A, (Printed version due on 2023-06-29) | Per4ma Sports Technology Ltd. |
| 2023-06-22 | Notice of name, (Printed version due on 2023-06-29) | Per4ma Sports Technology Ltd. |
| 2023-06-22 |
Application for leave to appeal, (Book Form), Missing: -Affidavit of service + confirmation / read receipt (rec'd 2023-06-26) -Filing Fees, Completed on: 2023-11-29, (Printed version filed on 2023-06-23) |
Per4ma Sports Technology Ltd. |
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 |
|---|---|---|
| Per4ma Sports Technology Ltd. | Applicant | Active |
| Puni, Vishal | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| 172142 Canada Inc. | Respondent | Active |
| Monk, Howard | Respondent | Active |
Counsel
Party: Per4ma Sports Technology Ltd.
Counsel
Bureau 150
4, Westmount Square
Westmount, Quebec
H3Z 2P9
Telephone: (514) 842-9994 Ext: 1818
FAX: (514) 842-1112
Email: mnb@bergmanlawyers.com
Party: Puni, Vishal
Counsel
Bureau 150
4, Westmount Square
Westmount, Quebec
H3Z 2P9
Telephone: (514) 842-9994 Ext: 1818
FAX: (514) 842-1112
Email: mnb@bergmanlawyers.com
Party: 172142 Canada Inc.
Counsel
Montréal, Quebec
H4C 2C7
Telephone: (438) 384-3575
FAX: (438) 384-3500
Email: david@dwavocat.ca
Party: Monk, Howard
Counsel
Montréal, Quebec
H4C 2C7
Telephone: (438) 384-3575
FAX: (438) 384-3500
Email: david@dwavocat.ca
Summary
Keywords
Civil procedure — Abuse of procedure — Appeals — Whether the Court of Appeal erred in holding that leave to appeal was required because the lower court declared the action abusive — Whether the Court of Appeal erred in not granting leave to appeal — Code of Civil Procedure, CQLR, c. C-25.01, arts. 30 and 363.
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.
Vishal Puni and Per4ma Sports Technology Ltd. had been in a commercial relationship with Howard Monk and 172142 Canada Inc., with respect to the manufacture and sale of specialty garments. The relationship between the parties soured and the commercial relationship was terminated. Mr. Puni and Per4ma brought an action against Mr. Monk and 172142 Canada Inc. under various heads of damages, for a total of over $540,000.
The trial judge found that there was little to no evidence to support almost all of the claims. The evidence established that two pairs of shorts may have been counterfeited on one occasion, which could have been addressed as a small claim. The trial judge declared the action to be abusive. He dismissed the action entirely and awarded costs to Mr. Monk and 172142 Canada Inc. on account of the abusive nature of the action. A unanimous panel of the Court of Appeal held that leave to appeal was required due to the declaration of abuse, per art. 30(3) C.C.P. It denied leave to appeal because the appeal would have no chance of success and Mr. Puni and Per4ma had provided no explanation of why the Court of Appeal should exercise its discretion under art. 363 C.C.P. to allow leave to appeal despite the lengthy delay in submitting the application for leave.
Lower court rulings
Superior Court of Quebec
2022 QCCS 925, 500-17-101425-174
Actions for breach of contract, patent infringement, and interference with reputation dismissed. Actions declared abusive.
Court of Appeal of Quebec (Montréal)
2023 QCCA 555, 500-09-030005-227
Application for leave to appeal dismissed per. arts. 30 and 363 of the Code of Civil Procedure.
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
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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