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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.


41578

Mohamed Kandil v. Yousef Aljassar

(Quebec) (Civil) (By Leave)

(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.

List of proceedings
Date Proceeding Filed By
(if applicable)
2025-06-12 Close file on Leave
2025-06-12 Reconsideration not accepted for filing, Letter by the Registrar (sent by email)
2025-04-24 Letter acknowledging receipt of an incomplete motion for reconsideration
2025-03-17 Motion for reconsideration of the application for leave to appeal, (Book Form),
Missing - Affidavit , proof of service (rec'd 2025-05-05), Completed on: 2025-06-04
Mohamed Kandil
2025-03-13 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2025-03-13 Judgment on leave sent to the parties
2025-03-13 Judgment of the Court on the application for leave to appeal, The applicant’s motion to file a lengthy reply is granted. The applicant’s motion for a stay of execution of the judgments below is dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-700259-245, 2024 QCCA 1456, dated November 1, 2024, is dismissed with costs in accordance with the tariff of fees and disbursements set out in Schedule B of the Rules of the Supreme Court of Canada.
Dismissed, with costs
2025-03-13 Decision on motion to file a lengthy memorandum of argument, See decision on application
2025-03-13 Decision on the motion for a stay of execution, See decision on application
2025-02-28 Correspondence received from, Change in counsel contact info Yousef Aljassar
2025-02-03 All materials on application for leave submitted to the Judges, for consideration by the Court
2025-02-03 Submission of motion to file a lengthy memorandum of argument, for consideration by the Court
2025-02-03 Submission of motion for a stay of execution, for consideration by the Court
2025-01-24 Correspondence received from Mohamed Kandil
2025-01-21 Response to the motion for a stay of execution, Completed on: 2025-01-23 Yousef Aljassar
2025-01-15 Certificate (on limitations to public access), 23B Mohamed Kandil
2025-01-13 Response to the motion to file a lengthy memorandum of argument, Completed on: 2025-01-13 Yousef Aljassar
2025-01-13 Correspondence received from, Correspondence in support of motion Mohamed Kandil
2025-01-13 Motion for a stay of execution, (Book Form), Missing:

- Proof of service (Rec'd 01-15-2025)
- 23B (Rec'd 01-15-2025), Completed on: 2025-01-15
Mohamed Kandil
2025-01-02 Certificate (on limitations to public access), 23B Mohamed Kandil
2025-01-02 Motion to file a lengthy memorandum of argument, (Book Form), For the reply

Missing:

- Amended motion citing correct legal provision (Rec'd 01-06-2025)
- Proof of service (Rec'd 01-06-2025), Completed on: 2025-01-06
Mohamed Kandil
2024-12-24 Supplemental document, In support of reply Mohamed Kandil
2024-12-24 Applicant's reply to respondent's argument, (Book Form), Missing:

- Proof of service (Rec'd 01-06-2025)
- 23B for the reply (Rec'd 2025-01-02)
- Motion to serve and file a lengthy reply (Rec'd 2025-01-02), Completed on: 2025-01-06
Mohamed Kandil
2024-12-23 Correspondence received from, Regarding sensitivitites Yousef Aljassar
2024-12-20 Certificate (on limitations to public access), 23A, (Printed version filed on 2024-12-20) Yousef Aljassar
2024-12-20 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-12-20, (Printed version filed on 2024-12-20) Yousef Aljassar
2024-12-16 Supplemental document Mohamed Kandil
2024-12-04 Supplemental document, RESTRICTED Mohamed Kandil
2024-12-04 Certificate (on limitations to public access), (Included in the certificate (on limitations to public access)) Mohamed Kandil
2024-12-04 Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED
2024-12-04 Certificate (on limitations to public access), 23A

Amended version required (Received 12-04-2024)
Mohamed Kandil
2024-12-03 Motion for a stay of execution, (Book Form), Completed on: 2024-12-06 Mohamed Kandil
2024-12-03 Application for leave to appeal, (Book Form), Missing:

- Proof of service (Rec'd 12-05-2024)
- Amended 23A or Public access to information form (Rec'd 12-05-2024), Completed on: 2024-12-04
Mohamed Kandil

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

Main parties - Appellants
Name Role Status
Kandil, Mohamed Applicant Active

v.

Main parties - Respondents
Name Role Status
Aljassar, Yousef Respondent Active

Counsel

Party: Kandil, Mohamed

This party is not represented by counsel.

Party: Aljassar, Yousef

Counsel
Names
Sophie-Anne Décarie
Jing (Catherine) Ou
Contact information
Décarie Avocats inc.
202-1885, rue Saint-Louis
Gatineau, Quebec
J8T 4H5
Telephone: (819) 770-6666 Ext: 441
Email: medecarie@avocatsgatineau.ca

Summary

Keywords

Appeals — Lapse of appeal for failure to file brief — Civil procedure —Whether Court of Appeal of Quebec erred in applying art. 373 of Code of Civil Procedure by dismissing applicant’s motion for relief from certificate of lapse of appeal

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 applicant was ordered to repay a number of debts to the respondent. The Superior Court of Quebec also concluded that the seizure before judgment of the proceeds of sale of a property was valid.

The applicant’s appeal lapsed after he failed to file an appeal brief within the time limit in the Code of Civil Procedure. Upon his application for relief from the certificate of lapse, the Court of Appeal held that the applicant’s appeal was doomed to fail. The Court of Appeal dismissed the applicant’s application for relief from the certificate of lapse of appeal.

Lower court rulings

March 18, 2024
Superior Court of Quebec

2024 QCCS 871

The applicant is ordered to repay various debts owed to the respondent, with interest and costs.

November 1, 2024
Court of Appeal of Quebec (Montréal)

2024 QCCA 1456

Application for relief from certificate of lapse of 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

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

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

Webcasts

Not available.

Date modified: 2025-06-13