Case information
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21741
Équipements Lorac Ltee, et al. v. National Bank of Canada
(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) |
|---|---|---|
| 1992-02-07 | Appeal closed | |
| 1991-05-27 | General proceeding, déclaration de satisfaction de jugement et reçu pour frais | Équipements Lorac Ltee |
| 1991-04-08 | Approved order for payment out, With service | |
| 1991-04-03 | Record returned to the Registrar of the Court of Appeal, (Montréal,QC) | |
| 1991-03-15 | Formal judgment sent to the registrar of the court of appeal and all parties, (Montréal,QC) | |
| 1991-03-15 | Copy of formal judgment being prepared, Lieff & Associates (Ottawa,ON) | |
| 1991-03-15 | Copy of formal judgment being prepared, Bergeron, Gaudreau, Pinet (Hull,QC) | |
| 1991-02-08 | Notice of deposit of judgment sent to all parties, Lieff & Associates (Ottawa,ON) | |
| 1991-02-08 | Notice of deposit of judgment sent to all parties, Bergeron, Gaudreau, Pinet (Hull,QC) | |
| 1991-02-07 |
Judgment on the appeal rendered, LaF L'HD So G McL, The appeal is allowed, the judgment of the Court of Appeal of September 5, 1989 as corrected by judgment of November 1, 1989 is set aside and the judgment of the Superior Court is restored modified as follows: -doth maintain in part the action of plaintiff-respondent; -doth declare the defendant-appellant, Les Équipements Lorac Ltée, indebted to plaintiff-respondent in the amount of $33,254.94 with interest at the rate of 13.5 percent per cent per annum from March 1, 1984; -doth maintain in part the cross-demand; -doth declare the plaintiff-respondent indebted to defendant-appellant, Les Équipements Lorac Ltée, in the amount of $57,701.88 with interest at 5 per cent and the additional indemnity provided under art. 1078.1 C.C.L.C. from February 27, 1984; -doth declare compensation pro tanto between said amounts after calculation of interest and indemnity as of June 30, 1986; -doth accordingly condemn plaintiff-respondent to pay to defendant-appellant, Les Équipements Lorac Ltée, the resulting balance with interest thereon and the indemnity under art. 1078.1 C.C.L.C. from June 30, 1986 to which balance shall be added as of August 4, 1986 the sum of $2,442.78; -doth annul the deed of collateral hypothec passed on December 2, 1981 before Me Gilles Legault, notary, between National Bank of Canada and Pierre Corbeil, registered at the Registry Division of Argenteuil on December 8, 1981 under No. 196406, against the following immovable property: [TRANSLATION] Description A lot located in the Township of Harrington, in the County of Argenteuil, known and designated as lot number THIRTY-NINE of the official subdivision of original lot number FIFTEEN (15-39) in the Fifth Range, in the official plan and book of reference of the said Township of Harrington, having a surface area of thirteen thousand seven hundred and ninety square feet (13,790 sq. ft.), English measure more or less. With the property erected thereon, having number 81 Mohawk Drive, Lac Forest, Township of Harrington. As the whole stands at present, with all active and passive, apparent or covert servitudes attached to the said immovable property, with no exception or reservation by the Party of the Second Part. -and doth order the Registrar of the said Registration Division to radiate the said registration; -doth annul the personal guarantee signed by the defendant-appellant, Pierre Corbeil, exhibit P-1. The whole with costs in this Court and the courts below in favour of the appellants. Allowed, costs in this Court and courts below |
|
| 1990-10-22 | General proceeding, transcripts received and distributed to the justices (57 pages) | |
| 1990-10-04 |
Hearing of the appeal, 1990-10-04, LaF L'HD So G McL Decision reserved |
|
| 1990-09-28 | Notice of hearing, With service | Équipements Lorac Ltee |
| 1990-09-27 |
Appeal hearing scheduled, 1990-10-04 Decision reserved |
|
| 1990-08-28 | Respondent's factum, 21 copies, with service | National Bank of Canada |
| 1990-08-09 | Appeal perfected for hearing, Session beginning on 1990-10-01 | |
| 1990-08-09 | Appellant's factum, 21 copies, with service | Équipements Lorac Ltee |
| 1990-07-20 | Certified casebook, vol. I & II, with service | Équipements Lorac Ltee |
| 1990-07-20 | Appeal court record, (together with Trial record) | |
| 1990-07-20 | Trial court record, (together with C/A record) | |
| 1990-07-16 | Case on appeal, 20 copies of vol. I & II | Équipements Lorac Ltee |
| 1990-05-14 | Notice of deposit of security, With service | |
| 1990-05-04 | Notice of appeal, 2 copies | Équipements Lorac Ltee |
| 1990-05-04 | $500 security deposit paid, certificate #2138 | Équipements Lorac Ltee |
| 1990-04-17 | Close file on Leave | |
| 1990-04-17 | Notice of deposit of judgment issued to all parties, Zimmerman & Blitt (Mtl,QC) | |
| 1990-04-17 | Notice of deposit of judgment issued to all parties, Smith, Saint-Martin et Morin (Mtl,QC) | |
| 1990-04-12 |
Judgment of the Court on the application for leave to appeal, La LaF L'HD, The application for leave to appeal is granted, costs in the cause. Granted, with costs in the cause |
|
| 1990-04-12 | Hearing of the application for leave to appeal, 1990-04-12, La LaF L'HD | |
| 1990-04-12 | All materials on application for leave submitted to the Judges, 1990-04-12, La LaF L'HD | |
| 1990-02-05 | All materials on application for leave submitted to the Judges, La LaF L'HD | |
| 1990-01-05 | Respondent's response on the application for leave to appeal, 5 copies,, with service | National Bank of Canada |
| 1989-12-27 | $30.00 filing fee, rec. #16432, | Équipements Lorac Ltee |
| 1989-12-27 | Application for leave to appeal, 6 copies,, with service, Completed on: 1989-12-27 | Équipements Lorac Ltee |
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 |
|---|---|---|
| Équipements Lorac Ltee | Applicant | Active |
| Corbeil, Pierre | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| National Bank of Canada | Respondent | Active |
Counsel
Party: Équipements Lorac Ltee
Counsel
410 - 345 AV VICTORIA
MONTRÉAL, Quebec
H3Z 2N2
Telephone: (514) 483-2444
Agent
701 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 232-4837
FAX: (613) 232-7763
Party: Corbeil, Pierre
Counsel
410 - 345 AV VICTORIA
MONTRÉAL, Quebec
H3Z 2N2
Telephone: (514) 483-2444
Agent
701 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 232-4837
FAX: (613) 232-7763
Party: National Bank of Canada
Counsel
510 - 715 Place Victoria
Montréal, Quebec
H2Y 2H7
Telephone: (514) 848-7172
FAX: (514) 848-9295
Agent
167, rue Notre Dame
Hull, Quebec
J8X 3T3
Telephone: (819) 770-7928
FAX: (819) 770-1424
Email: bergeron.gaudreau@qc.aira.com
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.
None.
Lower court rulings
Superior Court of Quebec
Not available
Action allowed in part; counterclaim allowed in part
Court of Appeal of Quebec (Montréal)
500-09-000939-868
Appeal against judgment on counterclaim allowed
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