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.
30217
Grecon Dimter Inc. v. J.R. Normand 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) |
|---|---|---|
| 2007-11-29 | Payment out cheque issued, ($554.01) | |
| 2007-11-23 | Approved order for payment out, (with consent) sent to Finance Nov. 23/07 | |
| 2005-08-09 | Appeal closed | |
| 2005-07-25 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2005-07-22 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Cha, The appeal from the judgment of the Court of Appeal of Quebec (Quebec), Number 200-09-004398-035, dated January 12, 2004, heard on February 10, 2005, is allowed, the judgments of the Court of Appeal and the Superior Court are set aside, the declinatory exception based on the Quebec authority's want of jurisdiction is allowed, and the action in warranty of the respondent J.R. Normand Inc. in the Quebec Superior Court is dismissed with costs throughout. Allowed, costs in this Court and courts below |
|
| 2005-02-25 | Transcript received, (35 pages) | |
| 2005-02-10 | Judgment reserved OR rendered with reasons to follow | |
| 2005-02-10 | Appellant's condensed book, Submitted in Court (14 copies) | Grecon Dimter Inc. |
| 2005-02-10 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2005-02-10 |
Hearing of the appeal, 2005-02-10, CJ Ba Bi LeB De F Cha Judgment reserved |
|
| 2005-02-04 | Notice of appearance, François Marseille, Nicholas J. Krnjevic and David A. Johnson will be present at hearing. | Grecon Dimter Inc. |
| 2004-12-03 | Correspondence received from, Jean-Guy LeBel re: will not be participating at the hearing rec'd by email | Scierie Thomas-Louis Tremblay Inc. |
| 2004-11-25 | Notice of hearing sent to parties | |
| 2004-11-25 |
Appeal hearing scheduled, 2005-02-10 Judgment reserved |
|
| 2004-11-17 | Respondent's book of authorities, (2 vols.), Completed on: 2004-11-17 | J.R. Normand Inc. |
| 2004-11-17 | Respondent's record, Completed on: 2004-11-17 | J.R. Normand Inc. |
| 2004-11-17 | Respondent's factum, Completed on: 2004-11-17 | J.R. Normand Inc. |
| 2004-11-17 | Appeal perfected for hearing | |
| 2004-10-07 |
Decision on motion to extend time, to file the appellant's amended factum to Sept. 27/04; to serve the appellant's amended factum to Sept. 28/04 and to serve and file the appellant's book of authorities to Sept. 28/04, Reg Granted |
|
| 2004-10-07 | Submission of motion to extend time, Reg | |
| 2004-09-30 | Response to motion to extend time, from O. Lacroix (e-mail - joint with motion), Completed on: 2004-09-30 | J.R. Normand Inc. |
| 2004-09-30 | Response to motion to extend time, from Jean Guy LeBel (e-mail - joint with motion), Completed on: 2004-09-30 | Scierie Thomas-Louis Tremblay Inc. |
| 2004-09-30 | Motion to extend time, to serve and file the factum and Book of Authorities to Sept. 28/04, Completed on: 2004-09-30 | Grecon Dimter Inc. |
| 2004-09-27 | Appellant's book of authorities, (Vol. I and II) Motion for ext. of time filed, Completed on: 2004-10-05 | Grecon Dimter Inc. |
| 2004-09-27 | Appellant's factum, (Amended Factum) (Motion for ext. of time joint with motion to file amended factum filed), Completed on: 2004-10-05 | Grecon Dimter Inc. |
| 2004-09-22 | Appellant's factum, (Motion requested), Completed on: 2004-09-30 | Grecon Dimter Inc. |
| 2004-09-20 | Appellant's record, (Original service rec'd Sept. 27/04), Completed on: 2004-09-24 | Grecon Dimter Inc. |
| 2004-06-28 | Notice of deposit for security | Grecon Dimter Inc. |
| 2004-06-25 | Notice of appeal, Completed on: 2004-06-29 | Grecon Dimter Inc. |
| 2004-05-28 | Judgment on leave sent to the parties | |
| 2004-05-27 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2004-05-27 |
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 200-09-004398-035, dated January 12, 2004, is granted with costs to the applicant in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2004-04-26 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2004-04-16 | Applicant's reply to respondent's argument, Completed on: 2004-04-16 | Grecon Dimter Inc. |
| 2004-04-08 | Respondent's response on the application for leave to appeal, Completed on: 2004-04-08 | J.R. Normand Inc. |
| 2004-03-26 | Book of authorities | Grecon Dimter Inc. |
| 2004-03-24 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2004-03-12 | Application for leave to appeal, page 54 replaced and served March 19, 04, Completed on: 2004-03-12 | Grecon Dimter 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 |
|---|---|---|
| Grecon Dimter Inc. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| J.R. Normand Inc. | Respondent | Active |
| Scierie Thomas-Louis Tremblay Inc. | Respondent | Active |
Counsel
Party: Grecon Dimter Inc.
Counsel
Nicolas J. Krnjevic
David A. Johnson
4700-800 Place Victoria
CP 322, Succ. Tour de la Bourse
Montréal, Quebec
H4Z 1H6
Telephone: (514) 878-2631
FAX: (514) 838-1865
Email: fmarseille@rsslex.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: J.R. Normand Inc.
Counsel
Gabrielle Brochu
600-900 René-Lévesque Blvd. E.
Québec, Quebec
G1R 2B5
Telephone: (418) 649-5476
FAX: (418) 524-1717
Email: pbellavance@heenan.ca
Agent
55 Metcalfe Street
Suite 300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-7904
FAX: (613) 236-9632
Email: gdufort@heenan.ca
Party: Scierie Thomas-Louis Tremblay Inc.
Counsel
1265, Charest Ouest Blvd.
Quebec, Quebec
G1N 2C9
Telephone: (418) 688-2225
FAX: (418) 588-5524
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 Grecon Dimter Inc. is a German corporation that manufactures and sells specialized factory equipment used in, inter alia, sawmilling processes. Grecon has no place of business or assets in Quebec. The Respondent J.R. Normand Inc. is a Quebec corporation that specializes in the sale and service of equipment, tools and industrial supplies used for processing wood. In the Spring of 1999, the Respondent asked Grecon to provide a quotation for the furnishing and delivery of certain sawmilling equipment that would ultimately be purchased from J.R. Normand by the Respondent Scierie Thomas-Louis Tremblay Inc., a Quebec sawmill operator. The April 12, 1999 quotation Grecon Dimter provided to J.R. Normand included an exclusive jurisdiction clause designating the choice of forum to be Germany and the choice of law to be the laws of Germany.
On May 14, 1999, Scierie Tremblay entered into a contract of sale with J.R. Normand for the furnishing and delivery of the equipment to its Quebec sawmill. On May 26, J.R. Normand advised Grecon Dimter that it accepted the conditions contained in the Quotation.
On July 3, 2002, Scierie Tremblay sued J.R. Normand in Quebec Superior Court, complaining that it had suffered a $5.2 millions production loss because the equipment was delivered both late and in defective condition. On October 2, 2002, J.R. Normand sued Grecon Dimter in warranty in Quebec Superior Court, asserting that any loss suffered by Scierie Tremblay was the consequence of Grecon's breach of the contract of sale. Relying on art. 3148 in fine of the Civil Code of Quebec (C.C.Q.), Grecon Dimter filed a Motion for Declinatory Exception seeking to dismiss the action in warranty because the exclusive jurisdiction clause precluded Quebec courts from exercising jurisdiction over any dispute between J.R. Normand and Grecon Dimter that arose out of the contract of sale. Both the Superior Court and the Court of Appeal dismissed the Appellant's motion.
Lower court rulings
Superior Court of Quebec
200-05-016948-023
Appellant's motion for declinatory exception dismissed
Court of Appeal of Quebec (Québec)
200-09-004398-035
Appeal dismissed
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