Docket

37873

Transport Desgagnés Inc., et al. v. Wärtsilä Canada Inc., et al.

(Quebec) (Civil) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2019-11-29 Formal judgment sent to the registrar of the court of appeal and all parties
2019-11-29 Judgment on appeal and notice of deposit of judgment sent to all parties
2019-11-28 Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br Row Mar, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-025791-153, 2017 QCCA 1471, dated September 29, 2017, heard on January 24, 2019, is allowed with costs throughout. The judgment of the Court of Appeal is set aside and the conclusions of the Superior Court at paras. 108 to 110 of its judgment are restored.
Allowed, with costs
2019-02-06 Transcript received, 119 pages
2019-01-24 Judgment reserved OR rendered with reasons to follow
2019-01-24 Hearing of the appeal, 2019-01-24, CJ Abe Mo Ka Ga Côt Br Row Mar
Judgment reserved
2019-01-24 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Attorney General of Quebec
2019-01-24 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Wärtsilä Canada Inc.
2019-01-24 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Transport Desgagnés Inc.
2019-01-18 Correspondence received from, (Letter Form), 2 additional reserved seats requested. Wärtsilä Canada Inc.
2019-01-16 Notice of appearance, Danièle Dion and David G. Colford will appear before the court. Ms. Dion will present oral arguments. Transport Desgagnés Inc.
2019-01-15 Notice of appearance, Jean-François Beaupré and Frédéric Perreault will appear before the court. Mr. Beaupré will present oral arguments. Attorney General of Quebec
2019-01-15 Notice of appearance, Sean Hanley and Audra Ranalli will appear before the court. Mr. Hanley will present oral arguments. Attorney General of Ontario
2019-01-14 Order by, Row,
IT IS HEREBY ORDERED THAT:
The Attorney General of Ontario and the Attorney General of Quebec are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted
2019-01-07 Correspondence received from, 8 reserved seats requested Wärtsilä Canada Inc.
2019-01-07 Notice of appearance, George J. Pollack, Michael H. Lubetsky and Joseph-Anaël Lemieux will appear before the court. Mr. Pollack and Mr. Lubetsky will present oral arguments.
Wärtsilä Canada Inc.
2019-01-04 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2019-01-04 Attorney General of Ontario
2018-12-28 Intervener's book of authorities, (Book Form), Completed on: 2018-12-28 Attorney General of Quebec
2018-12-28 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2018-12-28 Attorney General of Quebec
2018-12-19 Appeal perfected for hearing
2018-12-10 Certificate of counsel (attesting to record), (Letter Form) Wärtsilä Canada Inc.
2018-12-10 Respondent's record, (Book Form), Completed on: 2018-12-10 Wärtsilä Canada Inc.
2018-12-10 Respondent's book of authorities, (Book Form), Completed on: 2018-12-10 Wärtsilä Canada Inc.
2018-12-10 Respondent's factum, (Book Form), Completed on: 2018-12-10 Wärtsilä Canada Inc.
2018-12-06 Notice of hearing sent to parties
2018-12-06 Appeal hearing scheduled, 2019-01-24, (PREVIOUSLY TENTATIVELY SCHEDULED FOR 2019-01-17)

The schedule for serving and filing the material is set as follows:

The notice of appeal shall be served and filed on or before August 30, 2018.

The appellants’ record, factum and book of authorities, if any, shall be served and filed on or before October 18, 2018.

Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before November 15, 2018.

The appellants and respondents shall serve and file their responses, if any, to the motions for leave to intervene on or before November 20, 2018.

Replies to any responses to the motions for leave to intervene shall be served and filed on or before November 22, 2018.

Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before January 7, 2019.

The respondents’ record, factum and book of authorities, if any, shall be served and filed on or before December 13, 2018.
Judgment reserved
2018-11-28 Correspondence (sent by the Court) to, the parties. Tentatively scheduled for January 24, 2019.
2018-10-15 Certificate of counsel (attesting to record), (Letter Form) Transport Desgagnés Inc.
2018-10-15 Appellant's book of authorities, (Book Form), Completed on: 2018-10-15 Transport Desgagnés Inc.
2018-10-15 Appellant's record, (Book Form), Completed on: 2018-10-15 Transport Desgagnés Inc.
2018-10-15 Appellant's factum, (Book Form), Completed on: 2018-10-15 Transport Desgagnés Inc.
2018-10-05 Correspondence (sent by the Court) to, the parties. The Attorney General of Ontario and the Attorney General of Quebec shall serve and file their factum and book of authorities, if any, on or before January 7, 2019.
2018-09-21 Notice of intervention respecting a constitutional question, (Book Form), Completed on: 2018-09-21 Attorney General of Ontario
2018-09-21 Notice of intervention respecting a constitutional question, (Book Form), Completed on: 2018-09-21 Attorney General of Quebec
2018-08-24 Notice of constitutional question(s), (Letter Form), MISSING: proof of service to Attorney General of Canada (received 28/08/2018), Completed on: 2018-08-29 Transport Desgagnés Inc.
2018-08-24 Notice of appeal, (Letter Form), Completed on: 2018-08-24 Transport Desgagnés Inc.
2018-08-01 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2018-07-20 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2018-07-20 Judgment on leave sent to the parties
2018-07-19 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 500-09-025791-153, 2017 QCCA 1471, dated September 29, 2017, is granted with costs in the cause. The schedule for serving and filing material will be set by the Registrar.
Granted, with costs in the cause
2018-06-18 All materials on application for leave submitted to the Judges, for consideration by the Court
2018-02-01 Applicant's reply to respondent's argument, (Book Form), Completed on: 2018-02-01 Transport Desgagnés Inc.
2018-01-25 Certificate (on limitations to public access), (Letter Form) Wärtsilä Canada Inc.
2018-01-25 Notice of name, (Letter Form) Wärtsilä Canada Inc.
2018-01-25 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-01-25 Wärtsilä Canada Inc.
2017-12-11 Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2017-12-11
2017-11-28 Certificate (on limitations to public access), 23-A Transport Desgagnés Inc.
2017-11-28 Notice of name Transport Desgagnés Inc.
2017-11-28 Application for leave to appeal, (Book Form), Completed on: 2018-06-06 Transport Desgagnés Inc.