Case information
Consult our database for details on a Supreme Court of Canada case.
40300
Lise Fortin v. Mazda Canada Inc.
(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) |
|---|---|---|
| 2023-07-11 | Close file on Leave | |
| 2023-07-11 | Correspondence (sent by the Court) to, all parties, Re: certificate of taxation | |
| 2023-06-27 | Certificate of taxation issued to, Stéphanie Pire (originial sent by mail and copies by email) | |
| 2023-06-27 | Decision on the bill of costs, in the amount of $1,102.74, Reg | |
| 2023-06-27 | Submission of the bill of costs, Reg | |
| 2023-05-09 | Bill of costs, Completed on: 2023-05-15 | Mazda Canada Inc. |
| 2023-03-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-03-16 | Judgment on leave sent to the parties | |
| 2023-03-16 |
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 200-09-010276-217, 2022 QCCA 635, dated May 6, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2023-02-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-09-16 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2022-09-16, (Printed version filed on 2022-09-23) | Lise Fortin |
| 2022-09-07 | Certificate (on limitations to public access) | Mazda Canada Inc. |
| 2022-09-07 | Notice of name | Mazda Canada Inc. |
| 2022-09-07 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2022-09-13, (Printed version filed on 2022-09-07) | Mazda Canada Inc. |
| 2022-08-10 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-08-10 | |
| 2022-08-05 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-08-08) | Lise Fortin |
| 2022-08-05 | Application for leave to appeal, (Book Form), Completed on: 2022-08-05, (Printed version filed on 2022-08-08) | Lise Fortin |
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 |
|---|---|---|
| Fortin, Lise | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Mazda Canada Inc. | Respondent | Active |
Counsel
Party: Fortin, Lise
Counsel
67, rue Sainte-Ursule
Québec, Quebec
G1R 4E7
Telephone: (418) 692-5137
FAX: (418) 692-5695
Email: dbourgoin@bga-law.com
Party: Mazda Canada Inc.
Counsel
Anne Merminod
1000, rue de laa Gauchetière Ouest
Bureau 900
Montréal, Quebec
H3B 5H4
Telephone: (514) 954-3147
FAX: (514) 954-1905
Email: spitre@blg.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Summary
Keywords
Consumer protection — Product liability — Quantification of prejudice — Whether absolute presumption of prejudice that results from application of ss. 228 and 272 of Consumer Protection Act (“C.P.A.”) leads to absolute presumption of compensable damage — Whether criteria set out in Richard v. Time Inc., 2012 SCC 8, [2012] 1 S.C.R. 265, require absolute presumption of compensable damage arising from application of ss. 228 and 272 C.P.A. — Consumer Protection Act, CQLR, c. P 40.1, s. 272.
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 Superior Court authorized a product liability class action in connection with the locking mechanism on 2004 to 2007 Mazda 3 vehicles. The Superior Court later granted a motion to split the proceeding so that the argument on liability would be heard prior to and separately from the hearing on quantification of the collective damages claimed.
The manufacturer was ordered to pay the class members damages corresponding to a price reduction for failure to disclose an important fact about a safety feature. However, the Superior Court subsequently rejected the evidence adduced to quantify those damages and dismissed the application for a price reduction. The Court of Appeal unanimously dismissed the appeal.
Lower court rulings
Superior Court of Quebec
200-06-000108-087, 2020 QCCS 4270
Evidence on quantification of damages adduced by representative plaintiff in class action rejected; application for price reduction dismissed
Court of Appeal of Quebec (Québec)
200-09-010276-217, 2022 QCCA 635
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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