Case information
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27623
Thérèse Prévost-Masson, in her capacity as legal representative of Henri Masson, deceased v. General Trust of Canada, in its capacity as legal representative of Joseph Avila Perras, deceased
(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) |
|---|---|---|
| 2002-06-05 | Payment out cheque issued, (Cheque 275202656892 payable à Ogilvy Renault au montant de $533.23) | |
| 2002-05-27 | Approved order for payment out, (Envoyé au finance le 29/05/2002) | |
| 2002-01-17 | Record returned to the Registrar of the Court of Appeal | |
| 2002-01-08 | Appeal closed | |
| 2002-01-08 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2002-01-08 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2001-12-17 | Copy of formal judgment being prepared | |
| 2001-12-10 | Notice of deposit of judgment sent to all parties | |
| 2001-12-07 |
Judgment on the appeal rendered, L'HD Ba Bi Arb LeB, The appeal is allowed in part. The disposition by the Court of Appeal is varied to declare that the appellant is liable in solidum with 2639-1565 Québec inc. for a maximum of $182,476.88, with interest at the legal rate and the additional indemnity under art. 1078.1 C.C.L.C., and that, upon payment of that amount, the appellant will be subrogated for an equivalent amount in the rights of the respondent General Trust of Canada against 2639-1565 Québec inc., with costs in this Court to the appellant, but without varying the costs awarded in the courts below. Allowed in part, with costs |
|
| 2001-05-31 | Transcript received, (68 pages) | |
| 2001-05-16 | Judgment reserved OR rendered with reasons to follow | |
| 2001-05-16 |
Hearing of the appeal, 2001-05-16, (V048), L'HD Ba Bi Arb LeB Judgment reserved |
|
| 2001-05-16 | Acknowledgement and consent for video taping of proceedings | |
| 2001-05-15 | Appellant's condensed book | Thérèse Prévost-Masson, in her capacity as legal representative of Henri Masson, deceased |
| 2001-05-11 | Correspondence received from, Noel & Ass. en date du 10 mai 2001 re: incluant la défense et la pièce D-5 produites en première instance (envoyés au banc le 14 mai 2001) | General Trust of Canada, in its capacity as legal representative of Joseph Avila Perras, deceased |
| 2001-05-11 | Correspondence received from, de Ogilvy, Renault en date du 11 mai 2001 re: incluant une copie d'un jugement de la C.S. "Perras c. Immeubles Les Castels, et al" (envoyée au banc le 14 mai 2001) | Thérèse Prévost-Masson, in her capacity as legal representative of Henri Masson, deceased |
| 2001-05-08 | Notice of appearance | Thérèse Prévost-Masson, in her capacity as legal representative of Henri Masson, deceased |
| 2001-05-04 | Respondent's book of authorities, (cahier supplémentaire), Completed on: 2001-05-04 | General Trust of Canada, in its capacity as legal representative of Joseph Avila Perras, deceased |
| 2001-05-03 | Notice of appearance | General Trust of Canada, in its capacity as legal representative of Joseph Avila Perras, deceased |
| 2001-04-10 | Order on motion to add or substitute parties | |
| 2001-04-10 |
Decision on motion to add or substitute parties, DeRg, La requête de l'intimé pour obtenir une ordonnance accordant la substitution de l'intimé Alban Perras par le Trust Général du Canada, ès qualités de représentant légal de Feu Joseph Avila Perras est accordée. Granted, no order as to costs |
|
| 2001-04-10 | Submission of motion to add or substitute parties, DeRg | |
| 2001-03-27 | Motion to add or substitute parties, pour substituer l'intimé par: le Trust général du Canada, ès qualités de représentant légal de Feu Joseph Avila Perras, Completed on: 2001-03-27 | Alban Perras |
| 2001-03-16 | Notice of hearing | Thérèse Prévost-Masson, in her capacity as legal representative of Henri Masson, deceased |
| 2001-03-16 |
Appeal hearing scheduled, 2001-05-16 Judgment reserved |
|
| 2001-01-23 | Appeal perfected for hearing, Session beginning on 2001-04-17 | |
| 2001-01-19 | Respondent's factum, Completed on: 2001-01-25 | Alban Perras |
| 2001-01-19 | Respondent's book of authorities, vol. 1 et 2, Completed on: 2001-01-25 | Alban Perras |
| 2000-11-28 | Appellant's book of authorities, Vol. I à IV, Completed on: 2000-11-28 | Thérèse Prévost-Masson, in her capacity as legal representative of Henri Masson, deceased |
| 2000-11-28 | Appellant's record, Completed on: 2000-11-28 | Thérèse Prévost-Masson, in her capacity as legal representative of Henri Masson, deceased |
| 2000-11-28 | Appellant's factum, Completed on: 2000-11-28 | Thérèse Prévost-Masson, in her capacity as legal representative of Henri Masson, deceased |
| 2000-08-24 | Appeal court record, (1 enveloppe rembourrée - joint avec dossier de première instance) | |
| 2000-08-10 | Notice of deposit for security | Thérèse Prévost-Masson, in her capacity as legal representative of Henri Masson, deceased |
| 2000-08-02 | Letter acknowledging receipt of notice of appeal | |
| 2000-07-31 | Notice of appeal, Completed on: 2000-08-11 | Thérèse Prévost-Masson, in her capacity as legal representative of Henri Masson, deceased |
| 2000-06-23 | Notice of deposit of judgment issued to all parties | |
| 2000-06-22 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted with costs. Granted, with costs |
|
| 2000-05-29 | All materials on application for leave submitted to the Judges, L'HD Ba LeB | |
| 2000-01-05 | Respondent's response on the application for leave to appeal, Completed on: 2000-01-05 | Alban Perras |
| 1999-12-20 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 1999-12-03 | Application for leave to appeal, Completed on: 1999-12-03 | Thérèse Prévost-Masson, in her capacity as legal representative of Henri Masson, deceased |
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 |
|---|---|---|
| Thérèse Prévost-Masson, in her capacity as legal representative of Henri Masson, deceased | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| General Trust of Canada, in its capacity as legal representative of Joseph Avila Perras, deceased | Respondent | Active |
Counsel
Party: Thérèse Prévost-Masson, in her capacity as legal representative of Henri Masson, deceased
Counsel
1981, avenue McGill Collège
Bureau 1100
Montréal, Quebec
H3A 3C1
Telephone: (514) 847-4609
FAX: (514) 286-5474
Agent
1600 - 45, O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459
Party: General Trust of Canada, in its capacity as legal representative of Joseph Avila Perras, deceased
Counsel
Olivier Tergny
1, Westmont Square
Buray 1810
Westmount, Quebec
H3Z 2P9
Telephone: (514) 938-1056 Ext: 4601
FAX: (514) 935-6098
Email: george.sand@videotron.ca
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
500-05-001095-924
Voir dossier
Court of Appeal of Quebec (Montréal)
500-09-000366-948
Voir dossier
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