Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
19466
Gaston Robitaille v. J.A. Madill, et al.
(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) |
|---|---|---|
| 1991-04-30 | Correspondence (sent by the Court) to, Re: "To re-issue a new cheque (copy enclosed) for repayment of security." | |
| 1991-04-03 | Certificate of taxation issued to, Burke-Robertson | |
| 1991-03-27 | Late taxation on the bill of costs, at $7,766.89 (appeal), avec signification | |
| 1991-03-27 | Decision on the bill of costs, at $1,306.18 (application for leave), avec signification | |
| 1991-03-25 | Approved order for payment out, REVISED, avec signification | |
| 1991-03-18 | Approved order for payment out, Avec signification | |
| 1990-09-06 | Appeal closed | |
| 1990-08-29 | Formal judgment sent to the registrar of the court of appeal and all parties, (Québec,QC) | |
| 1990-08-29 | Copy of formal judgment being prepared, Noël, Berthiaume (Hull,QC) | |
| 1990-08-29 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON) | |
| 1990-08-29 | Notice of deposit of judgment sent to all parties, Noël, Berthiaume (Hull,QC) | |
| 1990-08-29 | Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa,ON) | |
| 1990-08-23 | All material on motion for a re-hearing of the appeal submitted to Justices, (Please note motion is dismissed with costs) | |
| 1990-06-12 | Service, of the motion for a re-hearing | |
| 1990-06-08 | Service, of motion for a rehearing of the appeal/ memorandum of argument | |
| 1990-06-08 | Response to the motion for a re-hearing of the appeal, 10 copies | Gaston Robitaille |
| 1990-06-07 | General proceeding, material on re-hearing sent to Justices | |
| 1990-06-04 | Motion for a re-hearing of the appeal, 10 copies | J.A. Madill |
| 1990-05-29 | Copy of formal judgment being prepared, Noël, Berthiaume (Hull,QC) | |
| 1990-05-29 | Copy of formal judgment being prepared, Robinson, Sheppard & Associés (Mtl,QC) | |
| 1990-05-29 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON) | |
| 1990-05-29 | Formal judgment sent to the registrar of the court of appeal and all parties, (Québec,QC) | |
| 1990-05-10 | Formal judgment sent to the registrar of the court of appeal and all parties, (Québec,QC) | |
| 1990-05-04 | Notice of deposit of judgment sent to all parties, Noël, Berthiaume, Aubry & Assoc. (Hull,QC) | |
| 1990-05-04 | Notice of deposit of judgment sent to all parties, Robinson, Sheppard & Associés (Mtl,QC) | |
| 1990-05-04 | Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa,ON) | |
| 1990-05-03 |
Judgment on the appeal rendered, LaF L'HD G Co McL, The appeal is allowed and the judgment at first instance restored, subject to the following. The judgment at first instance set the amount owed at $303,700. However, by a supsequent final judgment the Court of Appeal ordered respondents to pay directly to appellant's hypothecary creditor (la Caisse d'entraide économique de Portneuf) the sum of $114,142.66 plus interst, on account of an existing hypothecary clause in the insurance contract, and this amount was paid. It must accordingly be deducted from the original award of $303,700 leaving a balance of $189,557.34 to be paid, in accordance with the judgment at first instance, being 34 percent to Lloyd's of London, represented here by J.A. Madill, 33 percent to the Sovereign General Insurance Company and 33 percent to Markel Insurance Company of Canada. Respondents are further ordered to pay interest and additional indemnity in accordance with the judgment at first instance, the whole with costs throughout. Allowed, costs in this Court and courts below |
|
| 1990-04-04 | General proceeding, transcripts received and distributed to the justices (75 pages) | |
| 1990-03-20 |
Hearing of the appeal, 1990-03-20, LaF L'HD G Co McL Decision reserved |
|
| 1990-01-30 | Service, of joint authorities, vols 1 and 2 | |
| 1990-01-30 | Service, of joint respondents'factum | |
| 1990-01-29 |
Appeal hearing scheduled, 1990-03-20 Decision reserved |
|
| 1990-01-17 | Book of authorities, 10 copies of vols 1 and 2, joint with Respondents' | Gaston Robitaille |
| 1990-01-17 | Respondent's factum, 21 copies, joint with R02 and R03 | J.A. Madill |
| 1989-12-21 | Order on motion to expedite the appeal | |
| 1989-12-21 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, of Feb. 20/90. Granted, no order as to costs |
|
| 1989-12-21 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1989-12-21, of Feb. 20/90. | |
| 1989-12-21 | Hearing of motion to expedite the appeal, 1989-12-21, of Feb. 20/90. | |
| 1989-12-21 | Submission of motion to expedite the appeal, 1989-12-21, of Feb. 20/90. | |
| 1989-12-20 | Affidavit | J.A. Madill |
| 1989-12-20 | Motion to expedite the appeal | J.A. Madill |
| 1989-11-02 | Notice of hearing, Avec signification | Gaston Robitaille |
| 1989-08-29 | Discontinuance of motion to dismiss the appeal for want of prosecution | J.A. Madill |
| 1989-08-28 | Appeal perfected for hearing, Session beginning on 1989-10-02 | |
| 1989-08-11 | Appellant's factum, 21 copies | Gaston Robitaille |
| 1989-06-15 | Correspondence (sent by the Court) to, fr. Noel, Décary re: postponing motion to dismiss to Sept. 6/89. | |
| 1989-06-15 | Service, of the motion to dismiss | |
| 1989-06-13 | Affidavit | J.A. Madill |
| 1989-06-13 | Motion to dismiss the appeal for want of prosecution | J.A. Madill |
| 1988-08-11 | Appeal court record | |
| 1988-08-11 | Trial court record | |
| 1987-08-13 | Correspondence (sent by the Court) to, from A. Gagnon | |
| 1987-08-13 | Certified casebook | Gaston Robitaille |
| 1987-08-11 | Case on appeal, 20 copies, Vols. 1 to 4 | Gaston Robitaille |
| 1986-02-25 | Order granting leave to appeal | |
| 1986-01-02 | $500 security deposit paid, $500.00, receipt #1423 | Gaston Robitaille |
| 1985-12-30 | Notice of appeal | Gaston Robitaille |
| 1985-12-30 | Service | |
| 1985-12-24 | $30.00 filing fee, receipt # 8930 | Gaston Robitaille |
| 1985-12-24 | Notice of appeal | Gaston Robitaille |
| 1985-12-10 |
Judgment of the Court on the application for leave to appeal, C La LaF Granted, with costs in the cause |
|
| 1985-09-30 |
Hearing of the application for leave to appeal, 1985-09-30, C La LaF Decision reserved |
|
| 1985-09-30 |
All materials on application for leave submitted to the Judges, 1985-09-30, C La LaF Decision reserved |
|
| 1985-09-20 | Book of authorities, 3 copies | Gaston Robitaille |
| 1985-09-17 | Respondent's response on the application for leave to appeal, 5 copies, avec signification | J.A. Madill |
| 1985-08-15 | Service | |
| 1985-08-08 | Correspondence received from | Gaston Robitaille |
| 1985-08-08 | Application for leave to appeal, 5 copies, Completed on: 1985-08-08 | Gaston Robitaille |
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 |
|---|---|---|
| Robitaille, Gaston | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Madill, J.A. | Respondent | Active |
| La Souveraine, compagnie d'assurance général | Respondent | Active |
| Markel Insurance Company of Canada | Respondent | Active |
Counsel
Party: Robitaille, Gaston
Counsel
500 - 925 CH ST-LOUIS
QUÉBEC, Quebec
G1S 1C1
Telephone: (418) 688-5000
FAX: (418) 688-3458
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Madill, J.A.
Counsel
4700 - 800 PL VICTORIA
CP 322 SUCC TOUR D/L BOURSE
MONTRÉAL, Quebec
H4Z 1H6
Telephone: (514) 878-2631
FAX: (514) 878-1865
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: La Souveraine, compagnie d'assurance général
Counsel
602 - 2 PL QUÉBEC
QUÉBEC, Quebec
G1R 2B5
Telephone: (418) 529-1784
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Markel Insurance Company of Canada
Counsel
602 - 2 PL QUÉBEC
QUÉBEC, Quebec
G1R 2B5
Telephone: (418) 529-1784
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Summary
Keywords
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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.
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Lower court rulings
Superior Court of Quebec
200-05-003868-812
Action accueillie
Court of Appeal of Quebec (Québec)
200-09-000365-830
Pourvoi accueilli
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 613‑996‑7933 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
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 613‑996‑7933 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
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 613‑996‑7933 or at 1‑888‑551‑1185.
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