Case information
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31174
Domtar Inc. v. Arkwright Mutual Insurance Company
(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) |
|---|---|---|
| 2008-06-19 | Appeal closed | |
| 2008-06-19 | Certificate of taxation issued to, Jeffrey F. Beedell | |
| 2008-06-18 | Decision on the bill of costs, in the amont of $7,353.34, Reg | |
| 2008-06-18 | Submission of the bill of costs, Reg | |
| 2008-05-28 | Reply to the bill of costs, Reply to response to first reply to Bill of costs, Completed on: 2008-05-28 | Arkwright Mutual Insurance Company |
| 2008-05-28 | Response to the bill of costs, Response to Reply to Bill of Costs, cc.: A. Legrand & G. Kugler, Completed on: 2008-05-28 | Domtar Inc. |
| 2008-05-27 | Reply to the bill of costs, Completed on: 2008-05-27 | Arkwright Mutual Insurance Company |
| 2008-05-22 | Response to the bill of costs, Completed on: 2008-05-22 | Domtar Inc. |
| 2008-05-21 | Bill of costs, Completed on: 2008-05-21 | Arkwright Mutual Insurance Company |
| 2007-12-10 | Appeal closed | |
| 2007-11-23 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2007-11-23 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2007-11-22 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-013669-031, dated August 24, 2005, heard on November 8, 2006, is dismissed and the judgment of the Court of Appeal is affirmed, with costs throughout. Dismissed, costs in this Court and courts below |
|
| 2006-12-19 | Correspondence received from, Gordon Kugler dated Dec. 19/06 re: Ezeflow is not relevant to the case (sent to the Court Dec. 21/06) | Arkwright Mutual Insurance Company |
| 2006-12-14 | Correspondence received from, André Legrand dated Dec. 13/06 joint with a copy of a judgment of the Superior Court of Qc in Ezeflow Inc. v. Lombard du Canada Ltée (sent to the Court Dec. 21/06) | Domtar Inc. |
| 2006-11-27 | Transcript received, (107 pages) | |
| 2006-11-08 | Judgment reserved OR rendered with reasons to follow | |
| 2006-11-08 | Acknowledgement and consent for video taping of proceedings | |
| 2006-11-08 | Respondent's condensed book, 24 copies - distributed at the hearing. | Arkwright Mutual Insurance Company |
| 2006-11-08 | Appellant's condensed book, 24 copies - distributed at the hearing. | Domtar Inc. |
| 2006-11-08 |
Hearing of the appeal, 2006-11-08, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2006-10-25 | Correspondence received from, Gregory Bordan, dated Oct 25/06, re: hearing. | Domtar Inc. |
| 2006-10-25 | Correspondence received from, Emmanuelle Demers dated Oct. 24/06 with new page 19 and 52 of the appellant's factum (sent to the Court on Oct. 26/06)(new CD-Rom requested) | Domtar Inc. |
| 2006-10-23 | Notice of appearance, André Legrand and Gregory B. Bordan will be present at the hearing. | Domtar Inc. |
| 2006-10-19 | Notice of appearance, Gordon Kugler and Stuart Kugler will be present at the hearing. | Arkwright Mutual Insurance Company |
| 2006-09-11 | Appeal perfected for hearing | |
| 2006-09-06 | Respondent's book of authorities, Completed on: 2006-09-06 | Arkwright Mutual Insurance Company |
| 2006-09-06 | Respondent's record, Completed on: 2006-09-06 | Arkwright Mutual Insurance Company |
| 2006-09-06 | Respondent's factum, Completed on: 2006-09-06 | Arkwright Mutual Insurance Company |
| 2006-08-23 | Notice of hearing sent to parties | |
| 2006-08-21 |
Appeal hearing scheduled, 2006-11-08, (previously Dec. 5/06) Judgment reserved |
|
| 2006-07-14 | Appellant's book of authorities, Vol. I and II, Completed on: 2006-07-14 | Domtar Inc. |
| 2006-07-14 | Appellant's record, Vol. I and II, Completed on: 2006-07-14 | Domtar Inc. |
| 2006-07-14 | Appellant's factum, Revised CD with correction to page 19 - paragraph 73 recvd Nov 6/06., Completed on: 2006-07-14 | Domtar Inc. |
| 2006-06-08 | Correspondence (sent by the Court) to, Mr. Girard in response to his letter of May 24/06 (joint with 31176-177) | |
| 2006-05-26 | Correspondence received from, Gregory B. Bordan dated May 26/06 re: endorses Mr. Girard's proposition (see letter of May 24/06)(joint with 31176-177) | Domtar Inc. |
| 2006-05-25 | Appeal court record, 1 copy on CD-Rom with a hard copy of the general index (joint with 31176-177) | |
| 2006-05-25 | Correspondence received, from Patrick Girard (Stikeman Elliott) dated May 24/06 re: Appeal Court record on CD-Rom and appellant's record (joint with 31176-177) | |
| 2006-04-21 | Notice of appeal, Completed on: 2006-04-21 | Domtar Inc. |
| 2006-04-05 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2006-03-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-03-24 | Judgment on leave sent to the parties | |
| 2006-03-23 |
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 (Montreal), Number 500-09-013669-031, dated August 24, 2005, is granted with costs to follow the event. Granted, costs to follow |
|
| 2006-02-20 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2005-11-25 | Applicant's reply to respondent's argument, Completed on: 2005-11-25 | Domtar Inc. |
| 2005-11-18 | Respondent's response on the application for leave to appeal, Completed on: 2005-11-18 | Arkwright Mutual Insurance Company |
| 2005-10-24 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-10-21 | Book of authorities | Domtar Inc. |
| 2005-10-21 | Application for leave to appeal, Completed on: 2005-10-21 | Domtar 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 |
|---|---|---|
| Domtar Inc. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Arkwright Mutual Insurance Company | Respondent | Active |
Counsel
Party: Domtar Inc.
Counsel
Gregory Bordan
Olivier Kott
Emmanuelle Demers
1100 - 1981 AV McGill College
Montréal, Quebec
H3A 3C1
Telephone: (514) 847-4747
FAX: (514) 286-5474
Agent
1500 - 45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8638
FAX: (613) 230-5459
Party: Arkwright Mutual Insurance Company
Counsel
Michael H. Kay
1, Place Ville-Marie
bureau 2101
Montréal, Quebec
H3B 2C6
Telephone: (514) 878-2861
FAX: (514) 875-8424
Email: gkugler@kugler-kandestin.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Summary
Keywords
None.
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.
Domtar claimed more than $10 million from its all risks insurer, namely the cost of the machinery replaced minus the deductible under the insurance contract. The Superior Court dismissed the action on the ground that replacing the machinery was not necessary. The Court of Appeal dismissed it on the ground that the machinery had a latent defect.
Lower court rulings
Superior Court of Quebec
500-05-020062-913
Réclamation de la demanderesse rejetée.
Court of Appeal of Quebec (Montréal)
500-09-013669-031
Appel rejeté.
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
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