Case information
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41626
Corporation des constructeurs conseils, Francine Lessard personnellement et en sa qualité de liquidatrice de la succession d’Hélène Lessard v. Alexandre Bergevin and 7254245 Canada inc.
(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) |
|---|---|---|
| 2025-08-29 | Close file on Leave | |
| 2025-08-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-08-28 | Judgment on leave sent to the parties | |
| 2025-08-28 |
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 500-09-030562-235, 2024 QCCA 1465, dated November 5, 2024, is dismissed. Dismissed |
|
| 2025-08-05 | Notice of name, (Letter Form), (Printed version due on 2025-08-12) | Alexandre Bergevin and 7254245 Canada inc. |
| 2025-08-05 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2025-08-12) | Alexandre Bergevin and 7254245 Canada inc. |
| 2025-07-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-02-05 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2025-02-05, (Printed version filed on 2025-02-06) | Corporation des constructeurs conseils, Francine Lessard personnellement et en sa qualité de liquidatrice de la succession d’Hélène Lessard |
| 2025-01-30 |
Respondent's response on the application for leave to appeal, (Letter Form), Missing: - 23A - Notice of name, Completed on: 2025-07-30, (Printed version due on 2025-02-06) |
Alexandre Bergevin and 7254245 Canada inc. |
| 2025-01-03 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-01-02 | Notice of name, (Letter Form), (Printed version filed on 2025-01-03) | Corporation des constructeurs conseils, Francine Lessard personnellement et en sa qualité de liquidatrice de la succession d’Hélène Lessard |
| 2025-01-02 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-01-03) | Corporation des constructeurs conseils, Francine Lessard personnellement et en sa qualité de liquidatrice de la succession d’Hélène Lessard |
| 2025-01-02 |
Application for leave to appeal, (Book Form), Missing: - Proof of service (Rec'd 2025-01-06), Completed on: 2025-01-06, (Printed version filed on 2025-01-03) |
Corporation des constructeurs conseils, Francine Lessard personnellement et en sa qualité de liquidatrice de la succession d’Hélène Lessard |
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 |
|---|---|---|
| Corporation des constructeurs conseils, Francine Lessard personnellement et en sa qualité de liquidatrice de la succession d’Hélène Lessard | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Alexandre Bergevin and 7254245 Canada inc. | Respondent | Active |
Counsel
Party: Corporation des constructeurs conseils, Francine Lessard personnellement et en sa qualité de liquidatrice de la succession d’Hélène Lessard
Counsel
230, chemin de la Grande-Côte
Suite 100
Boisbriand, Quebec
J7G 1B5
Telephone: (514) 906-6840
FAX: (514) 906-6480
Email: yohan@forcieravocat.com
Agent
340, rue Gilmour, 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Alexandre Bergevin and 7254245 Canada inc.
Counsel
407, boul. Staint-Laurent
Bureau 800
Montréal, Quebec
H2Y 2Y5
Telephone: (514) 288-4241 Ext: 114
FAX: (514) 849-9984
Email: olaurendeau@laurendeaurasic.com
Summary
Keywords
Commercial law — Corporations — Claim — Oppression — Protection of minority interests — Extinctive prescription — Whether prescription in corporate law is stand alone preliminary exception that must be analyzed independently of merits of case, particularly in context of oppression claims — Whether duty of appellate courts to give reasons requires detailed analysis of stand alone grounds of appeal, including in commercial law — Whether distinction between various shareholders’ agreements in closely held corporation requires individual analysis of their legal effects and conditions.
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 respondent Alexandre Bergevin brought a claim against the applicants in the Quebec Superior Court under s. 450 of the Business Corporations Act, CQLR, c. S 31.1. The trial judge recognized Mr. Bergevin as a shareholder in the applicant corporation, ordered the applicant corporation to redeem his shares and ordered the applicants solidarily to reimburse Mr. Bergevin for the price of his shares, the amount of his advances and extrajudicial costs.
The Quebec Court of Appeal unanimously dismissed the applicants’ appeal, finding that the trial judge had not made any reviewable error. The applicants seek leave to appeal to the Court
Lower court rulings
Claim allowed
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
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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
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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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