Docket

37898

Desjardins Financial Services Firm Inc., et al. v. Ronald Asselin

(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)
2021-02-22 Appeal closed
2020-11-02 Formal judgment sent to the registrar of the court of appeal and all parties
2020-11-02 Judgment on appeal and notice of deposit of judgment sent to all parties
2020-10-30 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-025896-168, 2017 QCCA 1673, dated October 31, 2017, heard on December 5, 2019, is allowed in part solely for the purpose of varying paras. 8 and 9 of the Court of Appeal’s judgment so that they read as follows:

[TRANSLATION]
[8] IDENTIFIES as follows the principal questions of fact and of law to be dealt with collectively:

. . .

8.Damages. Based on the answers to the previous questions, are Desjardins Financial Services Firm Inc. and Desjardins Global Asset Management Inc. liable:

. . .

c) to pay each member of the group one thousand dollars ($1,000) in punitive damages solely in relation to “Unaffected Claims” within the meaning of article 1 of the Third Amended Plan of Compromise and Arrangement approved by order of the Ontario Superior Court dated January 12, 2009 (ATB Financial c. Metcalfe & Mansfield Alternative Investments II Corp. (2008), 43 C.B.R. (5th) 269), subject to adjustment, with interest at the legal rate and the additional indemnity from the date of the judgment to be rendered?

[9] IDENTIFIES as follows the principal conclusions sought on the merits in the class action, it being understood that whether the awards set out below are in solidum depends on the answer, if any, given by the Superior Court to the final portion of question 6, as defined at paragraph [8] above:

. . .

ORDER each of the respondents to pay each member of the group one thousand dollars ($1,000) in punitive damages solely in relation to “Unaffected Claims” within the meaning of article 1 of the Third Amended Plan of Compromise and Arrangement approved by order of the Ontario Superior Court dated January 12, 2009 (ATB Financial c. Metcalfe & Mansfield Alternative Investments II Corp. (2008), 43 C.B.R. (5th) 269), subject to adjustment, with interest at the legal rate and the additional indemnity from the date of the judgment to be rendered, and ORDER the collective recovery of these amounts.

Costs throughout are awarded to the respondent. Moldaver, Côté and Rowe JJ. dissent in part.
Allowed in part, with costs
2019-12-13 Transcript received, 98 pages
2019-12-05 Judgment reserved OR rendered with reasons to follow
2019-12-05 Hearing of the appeal, 2019-12-05, CJ Abe Mo Ka Côt Br Row Mar Kas
Judgment reserved
2019-12-05 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Ronald Asselin
2019-12-05 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Desjardins Financial Services Firm Inc.
2019-11-27 Appeal perfected for hearing
2019-11-20 Notice of appearance, (Letter Form), Bruce W. Johnston, Mathieu Charest-Beaudry, François Lebeau, Serge Létourneau, Audrey Létourneau, Julien Deslisle, Guy Paquette and Christophe Perron-Martel will appear before the court. Mr. Johnston will present oral arguments. Ronald Asselin
2019-11-20 Correspondence received from, (Letter Form), RE: Number of counsel appearing. Ronald Asselin
2019-11-20 Notice of appearance, (Letter Form), Mason Poplaw, Isabelle Vendette, Samuel Lepage and Gabriel Faure will appear before the court. Mr. Poplaw will present oral arguments. Desjardins Financial Services Firm Inc.
2019-11-19 Certificate of counsel (attesting to record), (Letter Form) Ronald Asselin
2019-11-19 Respondent's record, (Book Form), Completed on: 2019-11-19 Ronald Asselin
2019-11-19 Respondent's book of authorities, (Book Form), Completed on: 2019-11-19 Ronald Asselin
2019-11-19 Respondent's factum, (Book Form), Completed on: 2019-11-19 Ronald Asselin
2019-10-22 Correspondence received from, (Letter Form), 4 reserved seats requested. Desjardins Financial Services Firm Inc.
2019-10-01 Certificate of counsel (attesting to record), (Letter Form) Desjardins Global Asset Management Inc., a lawfully constituted legal person, formerly Desjardins Asset Management Inc.
2019-10-01 Appellant's record, (Book Form), (13 volumes), Completed on: 2019-10-01 Desjardins Financial Services Firm Inc.
2019-10-01 Appellant's book of authorities, (Book Form), Completed on: 2019-10-01 Desjardins Financial Services Firm Inc.
2019-10-01 Appellant's factum, (Book Form), Completed on: 2019-10-01 Desjardins Financial Services Firm Inc.
2019-08-27 Correspondence received from, (Letter Form), Pierre Landry is agent for the Respondent. Ronald Asselin
2019-08-26 Notice of appeal, (Letter Form), Completed on: 2019-08-26 Desjardins Financial Services Firm Inc.
2019-08-19 Correspondence received from, (Letter Form), Additional counsel information for the Respondent. Ronald Asselin
2019-08-13 Notice of hearing sent to parties
2019-07-31 Appeal hearing scheduled, 2019-12-05, START TIME 10:00 A.M.

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 27, 2019.

The appellants’ record, factum and book of authorities, if any, shall be served and filed on or before October 1, 2019.

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 October 22, 2019.

The appellants and respondent shall serve and file their response(s), if any, to the motions for leave to intervene on or before October 29, 2019.

Replies to any responses to the motions for leave to intervene shall be served and filed on or before October 31, 2019.

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 November 22, 2019.

The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before November 19, 2019.
Judgment reserved
2019-07-25 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2019-06-28 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2019-06-28 Judgment on leave sent to the parties
2019-06-27 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 500-09-025896-168, 2017 QCCA 1673, dated October 31, 2017, is granted with costs in the cause.

The schedule for serving and filing materials will be set by the Registrar.
Granted, with costs in the cause
2018-07-16 All materials on application for leave submitted to the Judges, for consideration by the Court
2018-02-12 Applicant's reply to respondent's argument, (Letter Form), Completed on: 2018-02-12 Desjardins Financial Services Firm Inc.
2018-02-02 Certificate (on limitations to public access), (Letter Form) Ronald Asselin
2018-02-02 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-02-02 Ronald Asselin
2018-01-29 Correspondence received from, (Letter Form), Pierre-Jérôme Bouchard (by email). Cover letter for the electronic version of the translated memorandum of argument. Desjardins Financial Services Firm Inc.
2018-01-04 Letter acknowledging receipt of an incomplete application for leave to appeal, (FILE OPENED 2018-01-04)
2017-12-28 Certificate (on limitations to public access), (Letter Form) Desjardins Financial Services Firm Inc.
2017-12-28 Notice of name, (Letter Form) Desjardins Financial Services Firm Inc.
2017-12-28 Application for leave to appeal, (Book Form), (2 volumes), Corrected notice of application for leave to appeal required (received 2018-01-08). Translated memorandum of argument filed in electronic version on 2018-01-29., Completed on: 2018-01-10 Desjardins Financial Services Firm Inc.