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.
26314
Donald G. Zink v. Graybec Immobilier Inc., 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) |
|---|---|---|
| 1999-12-15 | Certificate of taxation issued to, Stikeman, Elliott (Mtl., QC) | |
| 1999-12-15 | Decision on the bill of costs, taxede at $7,314.20, Reg | |
| 1999-12-15 | Submission of the bill of costs, Reg | |
| 1999-11-29 | Bill of costs, Completed on: 1999-11-29 | Marsulex Inc. |
| 1999-09-28 | Appeal closed | |
| 1999-08-16 | Certificate of taxation issued to, Ogilvy, Renault | |
| 1999-08-12 | Decision on the bill of costs, taxed at $5,579.55, Reg | |
| 1999-08-11 | Submission of the bill of costs, Reg | |
| 1999-08-10 | Response to the bill of costs, Completed on: 1999-08-10 | Donald G. Zink |
| 1999-08-10 | Bill of costs, Completed on: 1999-08-10 | Graybec Immobilier Inc. |
| 1999-03-11 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 1999-03-11 | Copy of formal judgment being prepared | |
| 1999-02-22 | Record returned to the Registrar of the Court of Appeal | |
| 1999-01-25 | Notice of deposit of judgment sent to all parties | |
| 1999-01-21 |
Judgment on the appeal rendered, L'HD G Co McL Ia Ba Bi, L'HEUREUX-DUBÉ J. (orally for the Court): It will not be necessary to hear from the Respondents. The Court is ready to render judgment now. Justice Iacobucci will give the judgment of the Court. IACOBUCCI J.: We agree with the conclusion of Dussault J.A. for the Quebec Court of Appeal in holding that the right of refusal contained in Article 4B of the Articles of Continuance of Sulconam Inc. was not validly exercised by the appellant in compliance with the provisions of Article 4B. Accordingly, the appeal is dismissed with costs. Dismissed, with costs |
|
| 1999-01-21 |
Hearing of the appeal, 1999-01-21, video #V007, L'HD G Co McL Ia Ba Bi Judgment rendered |
|
| 1999-01-18 | Notice of appearance, (Richard J. Rusk and Eric Vallières) | Marsulex Inc. |
| 1999-01-11 | Appellant's book of authorities, (Supplemental), Completed on: 1999-01-11 | Donald G. Zink |
| 1999-01-06 | Notice of hearing | Donald G. Zink |
| 1998-12-04 |
Appeal hearing scheduled, 1999-01-21 Judgment rendered |
|
| 1998-09-21 | Book of authorities, Completed on: 1998-09-21 | Marsulex Inc. |
| 1998-09-21 | Respondent's factum, With service, Completed on: 1998-09-21 | Marsulex Inc. |
| 1998-09-15 | Appeal perfected for hearing, Session beginning on 1999-01-18 | |
| 1998-09-15 | Book of authorities, 12 copies (joint with R02 to R06) (service admitted on Sept. 14/98), with service, Completed on: 1998-09-15 | Graybec Immobilier Inc. |
| 1998-09-15 | Respondent's factum, 24 copies (joint with R02 to R06) (service admitted on Sept. 14/98), with service, Completed on: 1998-09-15 | Graybec Immobilier Inc. |
| 1998-08-14 | Respondent's record, 24 copies (joint with R02-R03-R04-R05-R06), with service, Completed on: 1998-08-14 | Graybec Immobilier Inc. |
| 1998-08-07 | Respondent's record, 24 copies of vol. 1 and 2, with service, Completed on: 1998-08-07 | Marsulex Inc. |
| 1998-07-24 | Book of authorities, 12 copies, with service, Completed on: 1998-07-24 | Donald G. Zink |
| 1998-07-24 | Appellant's factum, 24 copies, with service, Completed on: 1998-07-24 | Donald G. Zink |
| 1998-06-17 | Appellant's record, 24 copies of vols. 1 and 2, with service, Completed on: 1998-06-17 | Donald G. Zink |
| 1998-05-05 | Appeal court record, 2 boxes | |
| 1998-04-07 | Notice of deposit of security | |
| 1998-04-06 | Correspondence (sent by the Court) to, from B.G. Bourgon; re: will not be making any representation in the S.C.C. | |
| 1998-03-31 | Proof of service, of the notice of appeal | |
| 1998-03-30 | $10.00 fee for depositing security, receipt #30337 | Donald G. Zink |
| 1998-03-30 | $500 security deposit paid, receipt #2449 | Donald G. Zink |
| 1998-03-30 | Correspondence (sent by the Court) to, sent to Colin Irwin & Assoc., Hennan Blaikie, Stikeman Elliott and Ogilvy Renault re: Rule 32 | |
| 1998-03-26 | Proof of service, of the notice of appeal | |
| 1998-03-25 | Notice of appeal, Completed on: 1998-03-25 | Donald G. Zink |
| 1998-03-25 | Order granting leave to appeal | |
| 1998-03-23 | Notice of deposit of judgment issued to all parties, all parties | |
| 1998-03-19 |
Judgment of the Court on the application for leave to appeal, L'HD G Ba, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1998-02-27 | All materials on application for leave submitted to the Judges, L'HD G Ba | |
| 1998-01-30 | Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1998-01-30 | Donald G. Zink |
| 1998-01-23 | Proof of service, of response (admitted on Jan. 22\98) | |
| 1998-01-22 | Respondent's response on the application for leave to appeal, 5 copies (accepted, due to ice storm), Completed on: 1998-01-22 | Marsulex Inc. |
| 1998-01-16 | Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1998-01-16 | Graybec Immobilier Inc. |
| 1998-01-13 | Correspondence received from, sent to Gowling and Hennan, Blaikie and Stikeman, Elliott and Ogilvy, Renault re: receipt of application for leave to appeal | |
| 1998-01-13 | Correspondence received from, sent to | |
| 1998-01-13 | Correspondence received from, from Stikeman, Elliott, letter dated Jan. 12, 1998 (fax copy) re: déposerons leur réponse le le 15 janvier 1998 | Marsulex Inc. |
| 1997-12-12 | $50.00 filing fee, receipt no. 28308 | Donald G. Zink |
| 1997-12-12 | Application for leave to appeal, 5 copies (see order dated Dec. 1, 1997), with service, Completed on: 1997-12-12 | Donald G. Zink |
| 1997-12-02 | Order on motion to extend the time to file and/or serve the leave application | |
| 1997-12-01 |
Decision on motion to extend time to file and /or serve the leave application, to Dec. 12/97, Ba Granted, no order as to costs |
|
| 1997-12-01 | Submission of motion to extend time to file and/ or serve the leave application, 1997-12-01, to Dec. 12/97, Ba | |
| 1997-12-01 | General proceeding, 1 copy of reply of the application to the response by Marsulex (fax copy) | Donald G. Zink |
| 1997-11-28 | General proceeding, 1 copy of Response to the applicant's motion (letter form) | Graybec Immobilier Inc. |
| 1997-11-28 | General proceeding, 4 copies of Response on motion to extend the time, with service | Marsulex Inc. |
| 1997-11-25 | Affidavit, to Jan. 5, 1998 (Doug Mitchell), with service | Donald G. Zink |
| 1997-11-25 | $50.00 filing fee for a notice of motion, receipt no. 28166 | Donald G. Zink |
| 1997-11-25 | Motion to extend the time to file and or serve the application for leave to appeal, to Jan. 5, 1998 (fax copy), with service, Completed on: 1997-11-25 | Donald G. Zink |
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 |
|---|---|---|
| Zink, Donald G. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Graybec Immobilier Inc. | Respondent | Active |
| Naidot & Co. | Respondent | Active |
| Hare & Co. | Respondent | Active |
| Eager & Co. | Respondent | Active |
| Petro-Canada | Respondent | Active |
| Shell Canada Limited | Respondent | Active |
| Sulconam Inc. | Respondent | Active |
| Marsulex Inc. | Respondent | Active |
Counsel
Party: Zink, Donald G.
Counsel
200 - 4119, rue Sherbrooke Ouest
Montreal, Quebec
H3Z 1A7
Telephone: (514) 935-4460
FAX: (514) 493-5299
Agent
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Graybec Immobilier Inc.
Counsel
1100 - 1981 Ave McGill College
Montréal, Quebec
H3A 3C1
Telephone: (514) 847-4747
FAX: (514) 286-5474
Agent
1600 - 45 O'Connor St
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459
Party: Naidot & Co.
Counsel
1100 - 1981 Ave McGill College
Montréal, Quebec
H3A 3C1
Telephone: (514) 847-4747
FAX: (514) 286-5474
Agent
1600 - 45 O'Connor St
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459
Party: Hare & Co.
Counsel
1100 - 1981 Ave McGill College
Montréal, Quebec
H3A 3C1
Telephone: (514) 847-4747
FAX: (514) 286-5474
Agent
1600 - 45 O'Connor St
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459
Party: Eager & Co.
Counsel
1100 - 1981 Ave McGill College
Montréal, Quebec
H3A 3C1
Telephone: (514) 847-4747
FAX: (514) 286-5474
Agent
1600 - 45 O'Connor St
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459
Party: Petro-Canada
Counsel
1100 - 1981 Ave McGill College
Montréal, Quebec
H3A 3C1
Telephone: (514) 847-4747
FAX: (514) 286-5474
Agent
1600 - 45 O'Connor St
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459
Party: Shell Canada Limited
Counsel
1100 - 1981 Ave McGill College
Montréal, Quebec
H3A 3C1
Telephone: (514) 847-4747
FAX: (514) 286-5474
Agent
1600 - 45 O'Connor St
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459
Party: Sulconam Inc.
Counsel
2500 - 1250, boul René-Lévesque Ouest
Montreal, Quebec
H3B 4Y1
Telephone: (514) 846-1212
FAX: (514) 484-6342
Party: Marsulex Inc.
Counsel
4000 - 1155, boul René-Lévesque Ouest
Montreal, Quebec
H3B 3V2
Telephone: (514) 397-3000
FAX: (514) 439-7322
Agent
914 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 234-4555
FAX: (613) 230-8877
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
500-05-023242-967
Dismissed
Court of Appeal of Quebec (Montréal)
500-09-004668-976
Appel rejeté avec dépens
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