Docket

38562

International Air Transport Association, et al. v. Instrubel, N.V., et al.

(Que.) (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)
2020-07-15 Appeal closed
2020-05-01 Written reasons rendered after oral judgment, CJ Abe Mo Ka Côt Row Mar
Dismissed, no order as to costs
2019-12-27 Transcript received, 103 pages
2019-12-12 Formal judgment sent to the registrar of the court of appeal and all parties
2019-12-12 Judgment on appeal and notice of deposit of judgment sent to all parties
2019-12-11 Judgment reserved OR rendered with reasons to follow
2019-12-11 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Row Mar
Dismissed, costs in this Court and courts below
2019-12-11 Hearing of the appeal, 2019-12-11, CJ Abe Mo Ka Côt Row Mar
Judgment rendered
2019-12-11 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Instrubel, N.V.
2019-12-11 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Republic of Iraq
2019-12-11 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) International Air Transport Association
2019-12-09 Correspondence received from, (Letter Form), Emile Catimel-Marchand will appear before the Court instead of Michael Hanlon. International Air Transport Association
2019-12-09 Order on motion to strike out, by ROWE J.
2019-12-09 Decision on motion to strike out, Row,
UPON APPLICATION by the respondent, Instrubel N.V., for an order striking the affidavit of Manfred Blondeel in support of the application for leave to appeal, dated March 25, 2019 with exhibits and striking portions of the International Air Transport Association’s factum relying on this evidence;

AND NOTING the correspondence from International Air Transport Association dated December 2, 2019, confirming its withdrawal of its De Bene Esse motion to introduce new evidence dated November 25, 2019, and its consent that the affidavit of Manfred Blondeel in support of the application for leave to appeal, dated March 25, 2019, with exhibits be struck from the record;

AND NOTING the amended factum filed by International Air Transport Association on December 2, 2019, and Instrubel, N.V.’s consent to filing of the amended factum;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

1) The affidavit of Manfred Blondeel in support of the application for leave to appeal, dated March 25, 2019, with exhibits filed in the appellants’ joint record in volume 2 at pp. 43-74 are struck;

2) International Air Transport Association’s original factum filed on September 26, 2019, is struck and replaced by the amended factum filed on December 2, 2019;

3) The parties shall refrain from referring to the affidavit of Manfred Blondeel in support of the application for leave to appeal, dated March 25, 2019, with exhibits at the hearing of the appeal.

With costs in the cause on Instrubel N.V.’s motion to strike.

Granted, with costs in the cause
2019-12-09 Submission of motion to strike out, Row
2019-12-02 Discontinuance of motion to adduce new evidence, (Letter Form), (Included in the reply to motion to adduce new evidence) International Air Transport Association
2019-12-02 Reply to motion to adduce new evidence, (Letter Form), Completed on: 2019-12-02 International Air Transport Association
2019-11-29 Response to the motion to adduce new evidence, (Letter Form), (Included in the reply to motion to strike out), Completed on: 2019-11-29 Instrubel, N.V.
2019-11-29 Reply to motion to strike out, (Letter Form), Completed on: 2019-11-29 Instrubel, N.V.
2019-11-27 Notice of appearance, (Letter Form), Patrick Ferland and Nicolas Roche will appear before the court. Mr. Ferland will present oral arguments. Republic of Iraq
2019-11-27 Notice of appearance, (Letter Form), Audrey Boctor and François Goyer will appear before the court. Ms. Boctor will present oral arguments. Instrubel, N.V.
2019-11-27 Correspondence received from, (Letter Form), 2 reserved seats requested. Chartered Institute of Arbitrators (Canada) Inc.
2019-11-27 Notice of appearance, (Letter Form), Simon V. Potter, Ad. E., Adam Goldenberg and Sandra Aigbinode Lange will appear before the court. Mr. Potter will present oral arguments. Chartered Institute of Arbitrators (Canada) Inc.
2019-11-27 Appeal perfected for hearing
2019-11-26 Intervener's book of authorities, (Book Form), Completed on: 2019-11-26 Chartered Institute of Arbitrators (Canada) Inc.
2019-11-26 Intervener's factum, (Book Form), Completed on: 2019-11-26 Chartered Institute of Arbitrators (Canada) Inc.
2019-11-25 Certificate (on limitations to public access), (Letter Form), 23B International Air Transport Association
2019-11-25 Motion to adduce new evidence, (Book Form), (Included in the response to motion to strike out), Completed on: 2019-11-25 International Air Transport Association
2019-11-25 Response to motion to strike out, (Book Form), motion to adduce new evidence included, Completed on: 2019-11-25 International Air Transport Association
2019-11-20 Notice of appearance, (Letter Form), Éric Vallières and Michael Hanlon will appear before the court. Mr. Vallières will present oral argument International Air Transport Association
2019-11-15 Respondent's book of authorities, (Book Form), Completed on: 2019-11-19 Instrubel, N.V.
2019-11-15 Respondent's factum, (Book Form), Completed on: 2019-11-19 Instrubel, N.V.
2019-11-14 Motion to strike out, (Book Form), Completed on: 2019-11-14 Instrubel, N.V.
2019-10-30 Order on motion for leave to intervene, by BROWN J.
2019-10-30 Decision on the motion for leave to intervene, Br,
UPON APPLICATION by Chartered Institute of Arbitrators (Canada) Inc. for leave to intervene in the above appeals;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for leave to intervene is granted and the said intervener shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before November 27, 2019, at 12 p.m. EST.
The said intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals.
The intervener is not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellants and respondent any additional disbursements resulting from its intervention.
Granted
2019-10-30 Submission of motion for leave to intervene, Br
2019-10-25 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-10-25 Instrubel, N.V.
2019-10-18 Notice of name, (Letter Form) Chartered Institute of Arbitrators (Canada) Inc.
2019-10-18 Certificate (on limitations to public access), (Letter Form), 23A Chartered Institute of Arbitrators (Canada) Inc.
2019-10-18 Intervener's book of authorities, (Book Form), in support of motion for leave to intervene, Completed on: 2019-10-18 Chartered Institute of Arbitrators (Canada) Inc.
2019-10-18 Motion for leave to intervene, (Book Form), (2 volumes), Completed on: 2019-10-18 Chartered Institute of Arbitrators (Canada) Inc.
2019-10-15 Certificate of counsel (attesting to record), (Letter Form) International Air Transport Association
2019-09-27 Appellant's factum, (Book Form), Completed on: 2019-09-27 Republic of Iraq
2019-09-26 Appellant's book of authorities, (Book Form), (2 volumes), Completed on: 2019-10-01 Republic of Iraq
2019-09-26 Appellant's record, (Book Form), (2 volumes), Joint Record
Missing: Form 24A (rec' 10/15/19), Electronic Copy (rec' 10/02/19), Completed on: 2019-10-15
International Air Transport Association
2019-09-26 Appellant's book of authorities, (Book Form), Missing: Electronic copy (rec' 10/02/19), Completed on: 2019-10-15 International Air Transport Association
2019-09-26 Appellant's factum, (Book Form), Missing: 2 copies (rec' 10/25/19)
Electronic copy (rec' 10/02/19)
AMENDED FACTUM RECEIVED 2019-12-03, Completed on: 2019-11-14
International Air Transport Association
2019-08-30 Notice of appeal, (Letter Form), Completed on: 2019-09-03 Republic of Iraq
2019-08-26 Notice of appeal, (Letter Form), Completed on: 2019-08-26 International Air Transport Association
2019-08-13 Notice of hearing sent to parties
2019-07-31 Appeal hearing scheduled, 2019-12-11,
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, 2019.

The appellants’ record, factum and book of authorities, if any, shall be served and filed on or before September 27, 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 18, 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 25, 2019.

Replies to any responses to the motions for leave to intervene shall be served and filed on or before October 29, 2019.

Any intervener referred to in subparagraph 22(3)(c)(i) of the Rules of the Supreme Court of Canada shall serve and file its respective factum, if any, and book of authorities, if any, on or before November 8, 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 27, 2019.

The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before November 15, 2019.
Judgment rendered
2019-07-25 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2019-07-05 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2019-07-05 Judgment on leave sent to the parties
2019-07-04 Judgment of the Court on the application for leave to appeal, The applications for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-025993-163, 2019 QCCA 78, dated January 22, 2019, are 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
2019-06-03 All materials on application for leave submitted to the Judges, for consideration by the Court
2019-05-06 Applicant's reply to respondent's argument, (Letter Form), SECOND APPLICATION, Completed on: 2019-05-06 Republic of Iraq
2019-04-26 Certificate (on limitations to public access), (Letter Form) Instrubel, N.V.
2019-04-26 Notice of name, (Letter Form) Instrubel, N.V.
2019-04-26 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-04-26 Instrubel, N.V.
2019-03-28 Correspondence received from, (Letter Form), Original affidavit of Mr. Manfred Blondeel International Air Transport Association
2019-03-27 Letter acknowledging receipt of a complete application for leave to appeal, SECOND APPLICATION
2019-03-27 Letter acknowledging receipt of an incomplete application for leave to appeal, FIRST APPLICATION
2019-03-25 Certificate (on limitations to public access), (Letter Form), SECOND APPLICATION Republic of Iraq
2019-03-25 Notice of name, (Letter Form), SECOND APPLICATION Republic of Iraq
2019-03-25 Application for leave to appeal, (Book Form), SECOND APPLICATION, Completed on: 2019-03-25 Republic of Iraq
2019-03-25 Correspondence received from, (Letter Form), FIRST APPLICATION
The applicant regarding the affidavit of Mr. Blondeel
Original affidavit rec'd 2019/03/28
International Air Transport Association
2019-03-25 Certificate (on limitations to public access), (Letter Form), FIRST APPLICATION International Air Transport Association
2019-03-25 Notice of name, (Letter Form), FIRST APPLICATION International Air Transport Association
2019-03-25 Application for leave to appeal, (Book Form), FIRST APPLICATION
Amended notice required-rec'd 2019/03/28; signed l/c decisions missing (received on 2019-03-29, with proof of service, and replaced in the application for leave to appeal books on April 3, 2019), Completed on: 2019-04-02
International Air Transport Association