Case information
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41387
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 500-09-030817-233, 2024 QCCA 129, 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 Rénovation Serge 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 | |
| 2024-09-03 | Certificate (on limitations to public access), Public access to information form | Serge Lapierre |
| 2024-08-14 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2024-03-13 |
Application for leave to appeal, (Book Form), Missing: - Proof of service (rec'd 2024-09-03) - Public access to info form (rec'd 2024-09-03) - Filing fee, Completed on: 2024-11-26 |
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 |
| Rénovation Serge Lapierre inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Pareclemco inc. | Respondent | Active |
| Pépin, Clément | Respondent | Active |
Counsel
Party: Lapierre, Serge
This party is not represented by counsel.
Party: Rénovation Serge Lapierre inc.
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
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.
The Superior Court, in the context of proceedings in execution of a judgment of the Court of Appeal, ordered Mr. Lapierre solidarily with one of his companies, Rénovation Serge Lapierre Inc., as garnishee, to pay damages to the respondent Pareclemco inc. The judge noted that the garnishee was not represented by counsel and that because it was a legal person, that representation was essential.
The Court of Appeal determined that the appeal was improperly initiated because Mr. Lapierre could not act on behalf of the garnishee, Rénovation Serge Lapierre inc., or on behalf of Maisons Lapierre inc. The court was of the opinion that the appeal had no chance of success because the notice of appeal did not indicate any error by the trial judge and because the errors by the bailiffs that were raised were difficult to discern.
Lower court rulings
Application for court to order Mr. Lapierre solidarily with Rénovation Serge Lapierre inc., as garnishee, to pay damages to Pareclemco inc. allowed
Motion for dismissal of 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
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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