Case information
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29515
9050-3400 Québec Inc. v. Riverin, Girard & Associates 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) |
|---|---|---|
| 2004-08-27 | Appeal closed | |
| 2004-06-15 | Record returned to the Registrar of the Court of Appeal | |
| 2004-04-07 | Certificate of taxation issued to, Noel & Ass. | |
| 2004-04-07 | Certificate of taxation issued to, Bouchard, Voyer | |
| 2004-04-05 | Decision on the bill of costs, taxed at the amount of $1,351.47, Reg | |
| 2004-04-05 | Decision on the bill of costs, taxed at the amount of $5,054.46, Reg | |
| 2004-04-05 | Submission of the bill of costs, Reg | |
| 2004-04-05 | Submission of the bill of costs, Reg | |
| 2004-03-15 | Bill of costs, Completed on: 2004-03-15 | 9050-3400 Québec Inc. |
| 2004-03-15 | Bill of costs, Completed on: 2004-03-15 | Riverin, Girard & Associates Inc. |
| 2004-02-18 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2004-02-17 |
Judgment on the appeal rendered, CJ Ia Ba Arb LeB De F, The appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-09-003649-016, dated October 22, 2002, was heard on February 17, 2004, and the Court on that day delivered the following judgment orally: LeBel J. -- Despite the arguments put forward by counsel for the appellant, the appeal cannot succeed. In the circumstances of this case, as was held by the Quebec Court of Appeal, art. 2474 of the Civil Code of Québec, S.Q. 1991, c. 64, does not preclude the conventional subrogation of the insurer to the rights of the hypothecary creditor against its debtor, in light particularly of the principles laid down by this Court in Caisse populaire des Deux Rives v. Société mutuelle d'assurance contre l'incendie de la Vallée du Richelieu, [1990] 2 S.C.R. 995. The subrogation was obtained pursuant to a hypothecary clause that was a separate contract. The debtor could thus not be regarded as the insured within the meaning of this separate contract or, consequently, within the meaning of art. 2474 of the Civil Code of Québec. Furthermore, the appellant's motion to cancel the hypothec as presented did not permit an adjudication of the issues relating to the insured's claim that the insurance indemnity was payable, to the existence of an intentional fault on the part of the insured or to the right of the respondents to be reimbursed for the amounts paid to the hypothecary creditor. These issues will have to be dealt with during the trial to be held before the Quebec Superior Court. If the insurers fail in their attempt to establish the intentional fault of the appellant, then acquittance and release will have to be given with respect to all registrations entered in the land registers pertaining to the subrogation and the hypothecary debt it covered. For these reasons, the appeal is dismissed with costs. Dismissed, with costs |
|
| 2004-02-17 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2004-02-17 |
Hearing of the appeal, 2004-02-17, CJ Ia Ba Arb LeB De F Judgment rendered |
|
| 2004-02-10 | Notice of appearance, confirmed by phone | Riverin, Girard & Associates Inc. |
| 2004-02-03 | Notice of appearance, Damien Larouche will be present at hearing. | 9050-3400 Québec Inc. |
| 2003-11-24 | Notice of hearing sent to parties | |
| 2003-11-20 |
Appeal hearing scheduled, 2004-02-17 Judgment rendered |
|
| 2003-11-10 | Appeal perfected for hearing | |
| 2003-11-07 | Respondent's book of authorities, Completed on: 2003-11-07 | Riverin, Girard & Associates Inc. |
| 2003-11-07 | Respondent's record, Completed on: 2003-11-07 | Riverin, Girard & Associates Inc. |
| 2003-11-07 | Respondent's factum, Completed on: 2003-11-07 | Riverin, Girard & Associates Inc. |
| 2003-09-16 | Appellant's book of authorities, Completed on: 2003-09-16 | 9050-3400 Québec Inc. |
| 2003-09-12 | Appellant's record, vol. 1 and 2, Completed on: 2003-09-12 | 9050-3400 Québec Inc. |
| 2003-09-12 | Appellant's factum, Completed on: 2003-09-12 | 9050-3400 Québec Inc. |
| 2003-08-08 | Appeal court record, (1 box - including Trial Court record) (joint with 29480) | |
| 2003-08-07 | Notice of appeal, Completed on: 2003-08-07 | 9050-3400 Québec Inc. |
| 2003-06-16 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2003-06-13 | Judgment on leave sent to the parties | |
| 2003-06-12 |
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 (Quebec), Number 200-09-003649-016, dated October 22, 2002, is granted with costs to the applicant in any event of the cause. Granted, with costs |
|
| 2003-04-28 | All materials on application for leave submitted to the Judges, CJ Ba De | |
| 2003-02-10 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2003-01-06 | Respondent's response on the application for leave to appeal, Completed on: 2003-01-06 | Riverin, Girard & Associates Inc. |
| 2002-12-13 | Application for leave to appeal, Completed on: 2003-02-10 | 9050-3400 Québec Inc. |
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 |
|---|---|---|
| 9050-3400 Québec Inc. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Riverin, Girard & Associates Inc. | Respondent | Active |
| Lloyd's of London | Respondent | Active |
Counsel
Party: 9050-3400 Québec Inc.
Counsel
127, rue des Forces armées
Chibougamau, Quebec
G8P 3A1
Telephone: (418) 748-6468
FAX: (418) 748-2323
Email: larouchegirard@sympatico.ca
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Riverin, Girard & Associates Inc.
Counsel
Claude Voyer
5-1273, boul. Wallberg
Dolbeau-Mistassini, Quebec
G8L 1H3
Telephone: (418) 276-2234
FAX: (418) 276-3582
Email: bouvoy@destination.ca
Agent
Maison du Citoyen
400 - 25, rue Laurier
Hull, Quebec
J8X 4C8
Telephone: (819) 770-4880
FAX: (819) 595-4979
Party: Lloyd's of London
Counsel
Claude Voyer
5-1273, boul. Wallberg
Dolbeau-Mistassini, Quebec
G8L 1H3
Telephone: (418) 276-2234
FAX: (418) 276-3582
Email: bouvoy@destination.ca
Agent
Maison du Citoyen
400 - 25, rue Laurier
Hull, Quebec
J8X 4C8
Telephone: (819) 770-4880
FAX: (819) 595-4979
Summary
Keywords
None.
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 Appellant owned an immovable property, purchased on November 12, 1997, that was destroyed by fire. The Chibougamau Caisse populaire Desjardins, as a creditor, held two hypothecs on the Appellant's property, one published on May 23, 1997, and the other on June 11, 1998.
On September 9, 1998, an insurance contract was entered into between the Appellant and the Respondents for the period from October 25, 1998 to October 25, 1999. This contract contained a hypothecary guarantee clause. Following the fire in the Appellant's property, the Respondents, pursuant to this clause, paid in full the hypothecs granted by the Caisse. The Respondents denied compensation to the Appelant holding it responsible for the fire. The disputed claim is currently before the Superior Court.
On November 28, 2000, the Respondents served a letter on the Appellant to notify it of the subrogation granted to the Caisse.
On November 29, the Caisse signed an acquittance of the hypothecs in favour of the Appellant to the effect that the Caisse has received all the money owed by the Appellant pursuant to the hypothecary loans. The acquittance was published the next day.
On December 4, 2000, the Respondents and the Caisse executed an act of subrogation, which was registered the next day.
On December 7, 2000, the Appellant sold its property to Walter Pawlikowski. The deed of sale was published the next day. In this deed, the Appellant states that the property is free and clear of any hypothec, levy or charge, and it undertakes to have the registration of the act of subrogation published on December 5, 2000 cancelled.
On February 1, 2001, the Appellant moved to have the registration on the land register cancelled. The Superior Court allowed the motion and ordered the cancellation of the registration of the act of subrogation registered on December 5, 2000. The Court of Appeal allowed the Respondents' appeal, overturned the judgment below and dismissed the motion to have the registration cancelled.
Lower court rulings
Superior Court of Quebec
170-05-000001-016
Requête de l'appelante en radiation d'une inscription sur le registre foncier, accueillie; radiation ordonnée
Court of Appeal of Quebec (Québec)
200-09-003649-016
Appel accueilli; jugement infirmé; requête de l'appelante rejetée
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
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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
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