Case information
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41256
Ruediger Martin Graaf, et al. v. Atkinsréalis Group Inc. (formerly known as SNC-Lavalin Group 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) |
|---|---|---|
| 2024-12-11 | Reply to the bill of costs, Completed on: 2025-02-06 | Atkinsréalis Group Inc. (formerly known as SNC-Lavalin Group Inc.) |
| 2024-12-06 | Response to the bill of costs, (Letter Form), Completed on: 2024-12-09, (Printed version due on 2024-12-13) | Ruediger Martin Graaf |
| 2024-12-02 | Bill of costs, UNDER REVIEW, Completed on: 2024-12-09 | Atkinsréalis Group Inc. (formerly known as SNC-Lavalin Group Inc.) |
| 2024-09-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-09-26 | Judgment on leave sent to the parties | |
| 2024-09-26 |
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 500-09-030289-227, 2024 QCCA 303, dated March 8, 2024, is dismissed with costs. Côté J. took no part in the judgment. Dismissed, with costs |
|
| 2024-08-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-06-17 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-06-17, (Printed version filed on 2024-06-18) | Ruediger Martin Graaf |
| 2024-06-05 | Certificate (on limitations to public access), 23A, (Printed version filed on 2024-06-07) | Atkinsréalis Group Inc. (formerly known as SNC-Lavalin Group Inc.) |
| 2024-06-05 | Notice of name, (Letter Form), (Printed version filed on 2024-06-07) | Atkinsréalis Group Inc. (formerly known as SNC-Lavalin Group Inc.) |
| 2024-06-05 | Respondent's response on the application for leave to appeal, (Book Form), 6 Volumes, Completed on: 2024-06-05, (Printed version filed on 2024-06-07) | Atkinsréalis Group Inc. (formerly known as SNC-Lavalin Group Inc.) |
| 2024-05-15 | Correspondence received from, Relation to 40853 and 41228 | Ruediger Martin Graaf |
| 2024-05-08 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2024-05-06 | Certificate (on limitations to public access), 23A | Ruediger Martin Graaf |
| 2024-05-06 |
Application for leave to appeal, (Book Form), Missing: - Filling fee (Rec'd 05-10-2024), Completed on: 2024-05-10, (Printed version filed on 2024-05-07) |
Ruediger Martin Graaf |
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 |
|---|---|---|
| Graaf, Ruediger Martin | Applicant | Active |
| Lafrenière, Normand | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Atkinsréalis Group Inc. (formerly known as SNC-Lavalin Group Inc.) | Respondent | Active |
| Bruce, Neil | Respondent | Active |
| Girard, Sylvain | Respondent | Active |
Counsel
Party: Graaf, Ruediger Martin
Counsel
Anthony O'Brian
Claude Desmeules
Garth Myers
121 Richmond Street West
Suite 900
Toronto, Ontario
M5H 2K1
Telephone: (416) 548-9874
FAX: (416) 363-0263
Email: jrochon@rochongenova.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Lafrenière, Normand
Counsel
Peter Jervis
Douglas M. Worndl
121 Richmond Street West
Suite 900
Toronto, Ontario
M5H 2K1
Telephone: (416) 548-9874
FAX: (416) 363-0263
Email: jrochon@rochongenova.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Atkinsréalis Group Inc. (formerly known as SNC-Lavalin Group Inc.)
Counsel
Pierre-Paul Daunais
Nathalie Nouvet
Amara Khy
1155, boulevard René-Lévesque Ouest
41e étage
Montréal, Quebec
H3B 3V2
Telephone: (514) 397-3000
FAX: (514) 397-3222
Email: macoulombe@stikeman.com
Party: Bruce, Neil
Counsel
Pierre-Paul Daunais
Nathalie Nouvet
1155, boulevard René-Lévesque Ouest
41e étage
Montréal, Quebec
H3B 3V2
Telephone: (514) 397-3000
FAX: (514) 397-3222
Email: macoulombe@stikeman.com
Party: Girard, Sylvain
Counsel
Pierre-Paul Daunais
Nathalie Nouvet
1155, boulevard René-Lévesque Ouest
41e étage
Montréal, Quebec
H3B 3V2
Telephone: (514) 397-3000
FAX: (514) 397-3222
Email: macoulombe@stikeman.com
Summary
Keywords
Securities — Civil procedure — Commencement of proceedings — Leave to proceed with claims — What is a material change under Canadian securities law — What is the precise analytical framework for evaluating the evidence on a motion for authorization of a claim under Securities Act, CQLR c. V-1.1, to determine whether the reasonable possibility of success test has been met — Does class authorization of a claim under the Civil Code of Québec depend on the success of a parallel authorization motion under the Securities Act and what is the role of reliance in a claim under article 1457 of the Civil Code of Québec?
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.
Mr. Graaf and Mr. Lafrenière applied to the Superior Court of Québec for authorization to institute an action asserting secondary market claims based on s. 225.8 of Québec’s Securities Act and for authorization of a class action pursuant to the Civil Code of Québec including a claim based on the general rules of extra-contractual liability under art. 1457. The applications judge dismissed the applications. The Court of Appeal dismissed an appeal.
Lower court rulings
Superior Court of Quebec
500-06-000975-199
Applications for authorizations to institute an action and for a class action dismissed
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
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