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.
41306
Serge Lapierre, et al. v. Pareclemco 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) |
|---|---|---|
| 2025-01-10 | Close file on Leave | |
| 2025-01-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-01-09 | Judgment on leave sent to the parties | |
| 2025-01-09 |
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 500-09-030767-230, 2024 QCCA 126, dated February 2, 2024, served and filed by Serge Lapierre, is dismissed. The application for leave to appeal from the same judgment of the Court of Appeal of Quebec,served and filed in the name of Maisons Lapierre inc., is quashed pursuant to s. 44 of the Supreme Court Act. Dismissed |
|
| 2024-11-25 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-07-15 | Certificate (on limitations to public access), (Included in the respondent's response on the application for leave to appeal), 23A | Pareclemco inc. |
| 2024-07-15 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-07-15 | Pareclemco inc. |
| 2024-07-04 | Certificate (on limitations to public access), 23A | Attorney General of Québec |
| 2024-07-04 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-07-04, (Printed version filed on 2024-07-15) | Attorney General of Québec |
| 2024-06-03 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2024-03-26 |
Application for leave to appeal, (Book Form), Missing: - Notice of name - Correct CA decision date on notice of application - Proof of service (Rec'd 06-18-2024) - Public access to information form, Completed on: 2024-11-26, (Printed version filed on 2024-06-11) |
Serge Lapierre |
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 |
|---|---|---|
| Lapierre, Serge | Applicant | Active |
| Maisons Lapierre inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Pareclemco inc. | Respondent | Active |
| Pépin, Clément | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Québec | Intervener | Active |
Counsel
Party: Maisons Lapierre inc.
This party is not represented by counsel.
Party: Lapierre, Serge
This party is not represented by counsel.
Party: Pareclemco inc.
Counsel
Mont-St-Hilaire, Quebec
J3H 0C4
Telephone: (450) 466-3630
FAX: (450) 466-7315
Email: avocat@jfracicot.com
Party: Pépin, Clément
Counsel
Mont-St-Hilaire, Quebec
J3H 0C4
Telephone: (450) 466-3630
FAX: (450) 466-7315
Email: avocat@jfracicot.com
Party: Attorney General of Québec
Counsel
1 rue Notre-Dame Est
Suite 8
Québec, Quebec
H2Y 1B6
Telephone: (514) 393-2336
Email: BernardRoy@justice.gouv.qc.ca
Summary
Keywords
Civil procedure — Representation by counsel — Representation before courts — Companies — Courts below finding that director and shareholder of company, who is not lawyer, does not have legal interest to act before courts on behalf of company — Whether application for leave to appeal raises question of public importance — Quebec Code of Civil Procedure, CQLR, c. C 25.01, art. 87(3).
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.
In the context of an action for damages brought against Clément Pépin and Pareclemco inc., the Superior Court dismissed Maisons Lapierre inc.’s originating application and declared it void ab initio. The judgment dismissed Mr. Lapierre’s notice to the Attorney General of Quebec, entitled [TRANSLATION] “Motion challenging constitutional applicability of article 87(3) C.C.P.”, and declared it inadmissible, finding that the sections of the Canadian and Quebec charters mentioned in the notice were not applicable, that they did not open the door to the conclusions sought and that the notice therefore had no chance of success.
The Court of Appeal dismissed the appeal and determined that the appeal was improperly initiated because Mr. Lapierre, who is not a lawyer, did not have the legal interest to act before the court on behalf of his company. The Superior Court’s judgment was free from error, and the appeal had no reasonable chance of success.
Lower court rulings
Application for dismissal regarding originating application allowed;
Originating application declared void ab initio;
Originating application dismissed;
Serge Lapierre’s notice declared inadmissible
Motion to dismiss appeal granted, and appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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