Case information
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41664
9315-7105 Québec inc., et al. v. Succession de feue Madeleine Lalonde Garon
(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) |
|---|---|---|
| 2025-08-22 | Close file on Leave | |
| 2025-08-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-08-21 | Judgment on leave sent to the parties | |
| 2025-08-21 |
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 (Québec), Number 200-09-010668-231, 2024 QCCA 1641, dated December 6, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2025-07-21 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-03-05 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2025-03-12) | Succession de feue Madeleine Lalonde Garon |
| 2025-03-04 | Notice of name, (Letter Form), (Printed version filed on 2025-03-06) | Succession de feue Madeleine Lalonde Garon |
| 2025-03-04 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: - 23A (Rec'd 2025-03-05), Completed on: 2025-03-05, (Printed version filed on 2025-03-06) |
Succession de feue Madeleine Lalonde Garon |
| 2025-02-05 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2025-02-05 | Notice of name, (Letter Form), (Printed version filed on 2025-03-13) | 9315-7105 Québec inc. |
| 2025-02-04 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-03-13) | 9315-7105 Québec inc. |
| 2025-02-04 | Application for leave to appeal, (Book Form), 2 VOLUMES, Completed on: 2025-02-04, (Printed version due on 2025-02-11) | 9315-7105 Québec inc. |
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 |
|---|---|---|
| 9315-7105 Québec inc. | Applicant | Active |
| 9358-7715 Québec inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Succession de feue Madeleine Lalonde Garon | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Geneviève Garon, ès qualités de liquidatrice de la Succession de feue Madeleine Lalonde | Intervener | Active |
Counsel
Party: 9315-7105 Québec inc.
Counsel
Charlotte T. Fortier
801, Grande Allée Ouest
Bureau 300
Québec, Quebec
G1S 1C1
Telephone: (418) 681-7007
FAX: (418) 681-7100
Email: antoine.motulsky@groupetcj.ca
Agent
225, montée Paiement, 2e étage
Gatineau, Quebec
J8P 6M7
Telephone: (819) 503-2174
FAX: (819) 771-5397
Email: s.labbe@noelassocies.com
Party: 9358-7715 Québec inc.
Counsel
Charlotte T. Fortier
801, Grande Allée Ouest
Bureau 300
Québec, Quebec
G1S 1C1
Telephone: (418) 681-7007
FAX: (418) 681-7100
Email: antoine.motulsky@groupetcj.ca
Agent
225, montée Paiement, 2e étage
Gatineau, Quebec
J8P 6M7
Telephone: (819) 503-2174
FAX: (819) 771-5397
Email: s.labbe@noelassocies.com
Party: Succession de feue Madeleine Lalonde Garon
Counsel
1330, avenue Maguire
Bureau 204
Québec, Quebec
G1T 1Z3
Telephone: (418) 431-0790
FAX: (418) 431-0789
Email: guillaume@gendreauavocats.com
Party: Geneviève Garon, ès qualités de liquidatrice de la Succession de feue Madeleine Lalonde
Counsel
1330, avenue Maguire
Bureau 204
Québec, Quebec
G1T 1Z3
Telephone: (418) 431-0790
FAX: (418) 431-0789
Email: guillaume@gendreauavocats.com
Summary
Keywords
Sale — Immovable — Contracts — Fraud — Nullity — Whether Bank of Montreal v. Bail Ltée governs analytical framework for consent vitiated by fraud — Whether trial judge erred in dismissing claim on basis of fraud — Whether trial judge erred in finding that there were no latent defects — Whether Court of Appeal erred in upholding trial judgment — Civil Code of Québec, arts. 1401 and 1407.
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 applicants were acquirers of an immovable sold by the respondent. Before the sale, experts had issued recommendations concerning the general condition of the foundations, but the sale nevertheless took place. After the purchase, various structural problems were noted. The applicants instituted an action for latent defects and fraud, arguing that the respondent was aware of the state of the immovable at the time of the sale, but did not disclose it.
The Quebec Superior Court found that an intent to mislead was necessary to find that there was fraud and that there was no evidence that demonstrated such an intent. It also found that the immovable did not have latent defects, but rather apparent defects. The Quebec Court of Appeal upheld the trial judgment.
Lower court rulings
Applicants’ originating application dismissed
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
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
Not available
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
Not available