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.
40986
Deborah Carol Riddle v. ivari
(Quebec) (Civil) (By Leave)
(Sealing order) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-10-15 |
Transcript received, 81 pages Printed copy rec'd on 2025-11-03 |
|
| 2025-10-10 | Judgment reserved OR rendered with reasons to follow | |
| 2025-10-10 |
Hearing of the appeal, 2025-10-10, CJ Ka Côt Row Mar Kas Ja Ob Mor Decision reserved |
|
| 2025-10-10 | General proceeding, Sensitivity Questionnaire | ivari |
| 2025-10-10 | General proceeding, Sensitivity Questionnaire | Deborah Carol Riddle |
| 2025-10-07 | Appellant's condensed book, (Book Form), (Printed version filed on 2025-10-08) | Deborah Carol Riddle |
| 2025-10-07 | Certificate (on limitations to public access), 23B, (Printed version filed on 2025-10-08) | ivari |
| 2025-10-07 | Correspondence received from, Informing of citing 2 new authorities in their Condensed Book, (Printed version filed on 2025-10-07) | ivari |
| 2025-10-07 | Respondent's condensed book, (Printed version filed on 2025-10-08) | ivari |
| 2025-10-02 | Other book of authorities, (Book Form), Completed on: 2025-10-02, (Printed version filed on 2025-10-09) | Deborah Carol Riddle |
| 2025-09-22 | Correspondence (sent by the Court) to, Letter of appearance in person | |
| 2025-09-04 | Correspondence (sent by the Court) to, Letter of direction | |
| 2025-09-02 | Correspondence received from, Request for 2 seats at the appeal hearing., (Printed version due on 2025-09-09) | Deborah Carol Riddle |
| 2025-09-02 | Notice of appearance, Molly Krishtalka and William Colish will appear before the Court. Molly Krishtalka will present oral argument., (Printed version due on 2025-09-09) | Deborah Carol Riddle |
| 2025-08-26 | Notice of appearance, (Letter Form), Me Pascale Caron and Me Kim Tourigny will appear before the Court. Me Pascale Caron will present oral argument., (Printed version due on 2025-09-03) | ivari |
| 2025-07-10 | Notice of hearing sent to parties | |
| 2025-07-10 |
Appeal hearing scheduled, 2025-10-10 Decision reserved |
|
| 2025-06-16 | Correspondence received from, re: response to Respondent's correspondence | Deborah Carol Riddle |
| 2025-06-16 | Correspondence received from, re: tentative hearing date | ivari |
| 2025-05-20 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2025-05-02 |
Correspondence (sent by the Court) to, parties (EMAIL) - by the Registrar re: hearing - Appeal remained adjourned until a new date is determined |
|
| 2025-04-25 | Correspondence received from, re: hearing - Respondent's counsel availability (reply) | ivari |
| 2025-04-24 | Correspondence received from, re: hearing - Appellant's availabitiy | Deborah Carol Riddle |
| 2025-04-23 | Correspondence received from, re: Hearing - Respondent's counsel | ivari |
| 2025-04-15 | Order on motion to adjourn the hearing of the appeal, by THE CHIEF JUSTICE | |
| 2025-04-15 |
Decision on motion to adjourn the hearing of the appeal, CJ, UPON APPLICATION by the respondent for an adjournment of the hearing scheduled for April 22, 2025, pursuant to Rules 3, 7 and 47 of the Rules of the Supreme Court of Canada; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. The respondent is directed to provide information and submissions on counsel’s availability to proceed by April 24, 2025, to which the appellant may file a response by April 29, 2025. The Registrar shall fix a new hearing date on or after April 30, 2025. Granted |
|
| 2025-04-15 | Submission of motion to adjourn the hearing of the appeal, CJ | |
| 2025-04-15 | Reply to the motion to adjourn the hearing of the appeal, (Letter Form), Completed on: 2025-04-15, (Printed version filed on 2025-04-15) | ivari |
| 2025-04-15 | Response to the motion to adjourn the hearing of the appeal, (Letter Form), Completed on: 2025-04-15, (Printed version filed on 2025-04-17) | Deborah Carol Riddle |
| 2025-04-14 | Motion to adjourn the hearing of the appeal, (Book Form), Completed on: 2025-04-15, (Printed version filed on 2025-04-15) | ivari |
| 2025-04-14 | Other book of authorities, (Book Form), Additional authorities for the respondent., Completed on: 2025-04-14, (Printed version filed on 2025-04-14) | ivari |
| 2025-03-24 | Notice of appearance, (Letter Form), Molly Krishtalka and William Colish will appear before the court. Molly Krishtalka will present the oral arguments. , (Printed version filed on 2025-04-16) | Deborah Carol Riddle |
| 2025-03-20 |
Notice of appearance, (Letter Form), René Vallerand, Pascale Caron and Kim Tourigny will appear before the court. René Vallerand will present the oral arguments. 2 reserved seat requested. , (Printed version due on 2025-03-27) |
ivari |
| 2025-01-14 | Notice of hearing sent to parties | |
| 2024-12-11 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2024-10-01 | Respondent's book of authorities, (Book Form), Completed on: 2024-10-01, (Printed version filed on 2024-10-01) | ivari |
| 2024-10-01 |
Certificate (on limitations to public access), (Letter Form), Form 23B Revised version filed on 2025-02-04, (Printed version filed on 2025-02-04) |
ivari |
| 2024-10-01 |
Respondent's factum, (Book Form), SEALED AND RESTRICTED 2 redacted paper copy filed, Completed on: 2024-10-01, (Printed version filed on 2024-10-01) |
ivari |
| 2024-08-13 | Correspondence received from, (Letter Form), Adding agent for the Respondent, (Printed version due on 2024-08-20) | ivari |
| 2024-08-08 | Appellant's book of authorities, (Book Form), Completed on: 2024-08-12, (Printed version filed on 2024-08-09) | Deborah Carol Riddle |
| 2024-08-08 | Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2024-08-09) | Deborah Carol Riddle |
| 2024-08-08 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2024-08-09) | Deborah Carol Riddle |
| 2024-08-08 |
Appellant's record, (Book Form), 19 volumes VOLUME 6 SEALED and RESTRICTED, Completed on: 2024-08-12, (Printed version filed on 2024-08-09) |
Deborah Carol Riddle |
| 2024-08-08 | Appellant's factum, (Book Form), Amended version filed on 2025-04-11, Completed on: 2024-08-12, (Printed version filed on 2025-04-17) | Deborah Carol Riddle |
| 2024-06-17 | Notice of appeal, (Book Form), Completed on: 2024-06-18, (Printed version filed on 2024-06-19) | Deborah Carol Riddle |
| 2024-06-11 | Notice of change of counsel, (Letter Form), Update to law firm name. Alexeev Attorneys Inc. is now Alexeev Attorneys LLP. | Deborah Carol Riddle |
| 2024-05-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-05-16 | Judgment on leave sent to the parties | |
| 2024-05-16 |
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), Numbers 500-09-027261-189 and 500-09-029864-220, 2023 QCCA 1111, dated September 6, 2023, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2024-04-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-12-28 | Certificate (on limitations to public access), (Letter Form), 23B of the reply | Deborah Carol Riddle |
| 2023-12-21 |
Applicant's reply to respondent's argument, (Book Form), Missing: - 23B (rec'd 2023-12-28), Completed on: 2023-12-21 |
Deborah Carol Riddle |
| 2023-12-11 | Notice of name, (Letter Form), (Printed version due on 2023-12-18) | ivari |
| 2023-12-11 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2023-12-12) | ivari |
| 2023-12-11 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-12-12) | ivari |
| 2023-12-11 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: Form 14 (Rec'd 2023-12-11), Completed on: 2023-12-11, (Printed version filed on 2023-12-12) |
ivari |
| 2023-11-23 |
Supplemental document, CA Orders: 2018 QCCA 1899 2018 QCCA 1221 |
Deborah Carol Riddle |
| 2023-11-10 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2023/11/10 | |
| 2023-11-06 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2023-11-07) | Deborah Carol Riddle |
| 2023-11-06 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-11-07) | Deborah Carol Riddle |
| 2023-11-06 | Application for leave to appeal, (Book Form), (4 volumes), Completed on: 2023-11-06, (Printed version filed on 2023-11-07) | Deborah Carol Riddle |
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 |
|---|---|---|
| Riddle, Deborah Carol | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| ivari | Respondent | Active |
Counsel
Party: Riddle, Deborah Carol
Counsel
William Colish
600-2000 McGill College Avenue
Montréal, Quebec
H3A 3H3
Telephone: (514) 545-7057
FAX: (514) 648-7700
Email: mkrishtalka@alexeevco.com
Party: ivari
Counsel
Pascale Caron
Kim Tourigny
2000 avenue McGill College, Bureau 2150
Montréal, Quebec
H3A 3H3
Telephone: (514) 499-7481
FAX: (514) 499-7478
Email: rvallerand@donatimaisonneuve.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Status of persons — Absence — Return — Declaratory judgment of death — Life insurance company seeking to annul declaratory judgment of death — What proof of return is required to annul a declaratory judgment of death — Whether an application by a third party to annul a declaratory judgment of death must be served on the person declared to be deceased — Civil Code of Québec, arts. 92, 97, 98.
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 appellant’s spouse went missing in 2008. In 2017, the appellant obtained a declaratory judgment of her spouse’s death pursuant to art. 92 of the Civil Code of Québec in a proceeding contested by the spouse’s life insurance company. After the spouse was declared deceased, the life insurance company applied to annul the declaration of death on the basis that there was evidence he was alive in another country as late as 2018. The application was not served on the party declared to have died.
The Superior Court of Quebec judge granted the life insurance company’s application and annulled the declaration of death. She concluded that there was no prejudice flowing from the fact that the application was not served on the declared decedent. The Court of Appeal allowed an appeal only with respect to application judge’s costs award but otherwise affirmed the Superior Court judge’s decision.
Lower court rulings
Superior Court of Quebec
2021 QCCS 4977, 500-14-049957-160
Ivari’s application to annul the declaration of death granted. Ms. Riddle is ordered to pay costs, including Ivari’s expert fees.
Court of Appeal of Quebec (Montréal)
2023 QCCA 1111
Ms. Riddle’s appeal from the decision to annul the declaration of death is allowed in part, only with respect to the order to pay Ivari’s expert fees; her appeal is otherwise dismissed. Ivari’s appeal from the declaration of death is deemed moot.
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