Case information
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41620
Yvon Ouellet v. Réjean Bernier, 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) |
|---|---|---|
| 2025-05-02 | Close file on Leave | |
| 2025-05-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-05-02 | Judgment on leave sent to the parties | |
| 2025-05-01 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-09-010674-239, 2024 QCCA 1041, dated August 9, 2024, is dismissed. Dismissed |
|
| 2025-05-01 | Decision on motion to extend time to file and /or serve the leave application, See decision on application. | |
| 2025-03-31 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-03-31 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2025-02-03 | Correspondence received from | Yvon Ouellet |
| 2025-01-28 | Certificate (if inappropriate for a judge to take part in adjudication) | Yvon Ouellet |
| 2025-01-24 | Correspondence received from | Yvon Ouellet |
| 2025-01-23 | Correspondence received from | Yvon Ouellet |
| 2025-01-16 | Certificate (on limitations to public access), 23a | Réjean Bernier |
| 2025-01-16 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-01-16 | Réjean Bernier |
| 2025-01-14 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Completed on: 2025-01-16 | Yvon Ouellet |
| 2024-12-30 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 12/30/2024 | |
| 2024-10-09 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Yvon Ouellet |
| 2024-10-09 |
Application for leave to appeal, (Book Form), MISSING: -CA Orders (rec'd 12/24/2024) -Lower Court decisions and Orders (rec'd 12/24/2024) -Motion to Extend Time (rec'd 01/14/2025) -Proof of Service (rec'd 01/14/2025), Completed on: 2025-01-14 |
Yvon Ouellet |
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 |
|---|---|---|
| Ouellet, Yvon | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Bernier, Réjean | Respondent | Active |
| Ouellet, Justin | Respondent | Active |
| Samson, Daniel | Respondent | Active |
Counsel
Party: Ouellet, Yvon
This party is not represented by counsel.
Party: Bernier, Réjean
Counsel
Sainte-Anne-des-Monts, Quebec
G4V 1B5
Telephone: (418) 763-7010
FAX: (418) 763-9171
Email: jfroy@royavocat.com
Party: Ouellet, Justin
Counsel
Sainte-Anne-des-Monts, Quebec
G4V 1B5
Telephone: (418) 763-7010
FAX: (418) 763-9171
Email: jfroy@royavocat.com
Party: Samson, Daniel
Counsel
Sainte-Anne-des-Monts, Quebec
G4V 1B5
Telephone: (418) 763-7010
FAX: (418) 763-9171
Email: jfroy@royavocat.com
Summary
Keywords
Succession — Wills — Testamentary capacity — Respondents contesting second will in favour of applicant — Trial judge annulling second will because of incapacity of deceased at time it was signed — Court of Appeal dismissing applicant’s appeal — Whether application for leave to appeal raises issue of law — If so, whether issue is of sufficient public importance.
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.
Prior to his death in 2022, Armand Ouellet had drawn up and signed two wills. The first, signed in 2015, named his nephews (the respondents in this application) as legatees. The second, signed in 2021, named his second cousin (the applicant in this application) as legatee. Following Armand’s death, the applicant filed an application for the probate of the second will from 2021. The respondents contested the second will and applied for its annulment.
The trial judge in the Superior Court allowed the respondents’ application for annulment and declared the second will from 2021 to be null and without foundation because of the testamentary incapacity of the deceased. The Court of Appeal unanimously dismissed the applicant’s appeal.
Lower court rulings
Application for annulment of 2021 will allowed;
2021 will declared to be null and without foundation
Yvon Ouellet’s 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