Case information
Consult our database for details on a Supreme Court of Canada case.
41086
Transport Kahkashan Inc. v. Intact insurance company
(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) |
|---|---|---|
| 2024-07-25 | Close file on Leave | |
| 2024-07-25 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-07-25 | Judgment on leave sent to the parties | |
| 2024-07-25 |
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 500-09-030017-222, 2023 QCCA 1436, dated November 10, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2024-06-17 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-02-08 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2024-02-14, (Printed version filed on 2024-02-09) | Transport Kahkashan Inc. |
| 2024-02-06 | Notice of name, (Letter Form), (Included in the respondent's response on the application for leave to appeal), (Printed version filed on 2024-02-08) | Intact insurance company |
| 2024-01-29 | Certificate (on limitations to public access), (Letter Form), (Included in the respondent's response on the application for leave to appeal), 23A;, (Printed version filed on 2024-02-08) | Intact insurance company |
| 2024-01-29 |
Respondent's response on the application for leave to appeal, (Letter Form), Missing: - Form 14 (Notice of name), Completed on: 2024-01-30, (Printed version filed on 2024-02-08) |
Intact insurance company |
| 2024-01-11 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 11-01-2024; | |
| 2024-01-09 | Certificate (on limitations to public access), (Book Form), 23B;, (Printed version filed on 2024-01-10) | Transport Kahkashan Inc. |
| 2024-01-09 | Certificate (on limitations to public access), (Book Form), 23A;, (Printed version filed on 2024-01-10) | Transport Kahkashan Inc. |
| 2024-01-09 | Notice of name, (Letter Form), (Printed version filed on 2024-01-10) | Transport Kahkashan Inc. |
| 2024-01-09 | Application for leave to appeal, (Book Form), Completed on: 2024-01-11, (Printed version filed on 2024-01-10) | Transport Kahkashan Inc. |
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 |
|---|---|---|
| Transport Kahkashan Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Intact insurance company | Respondent | Active |
Counsel
Party: Transport Kahkashan Inc.
Counsel
Anjou, Quebec
H1M 3N7
Telephone: (514) 356-3250
FAX: (514) 356-3253
Email: gsirois87@hotmail.com
Party: Intact insurance company
Counsel
Isabelle Martin-Sarrazin
5700, boul. des Galeries
Bureau 710
Québec, Quebec
G2K 0H5
Telephone: (844) 893-1277 Ext: 84161
FAX: (418) 260-9727
Email: jean-francois.pichette@intact.net
Summary
Keywords
Deposit — Civil liability — Contracts — Identity of other contracting party in order to determine civil liability regime between parties — Proof of negligence — Whether there was contract between owner of lost property and insurer’s insured — Whether absence of security or surveillance device establishes negligence of repair garage — Civil Code of Québec, art. 1457.
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.
Two corporations are distinct legal persons with the same chief executive officer. One of the corporations, which is not a party to this litigation, entered into a contract with a third party to make repairs to property owned by the applicant, Kahkashan Transportation Inc. The property was stolen while on the third party’s site. The owner instituted proceedings to claim damages from Intact Insurance Company, the third party’s insurer.
The trial judge dismissed the applicant’s action. She held that there was no contract between the applicant and the third party. The civil liability regime between the parties was therefore that of extracontractual liability under art. 1457 of the Civil Code of Québec. The trial judge found that the absence of certain security devices on the third party’s site did not establish its negligence. The Court of Appeal dismissed the owner’s appeal, holding that there was no palpable and overriding error in the trial judgment.
Lower court rulings
Kahkashan Transportation’s action in damages dismissed
Kahkashan Transportation’s 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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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