Case information
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31841
Domfer Metal Powders LTD. v. Comité d'environnement de Ville-Émard (C.E.V.E.), 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) |
|---|---|---|
| 2008-06-17 | Correspondence (sent by the Court) to, Hubert Sibre re: Appellant's security deposit | |
| 2008-05-30 | Payment out cheque issued, ($515.55) | |
| 2008-05-23 | Approved order for payment out, joint with the trustee's consent (sent to Finance May 26/08) | |
| 2007-10-25 | Correspondence (sent by the Court) to, Hubert Sibre, re.: file is closed and will remain closed in the absence of any proceedings to set aside the notice of discontinuance. | |
| 2007-10-17 | Correspondence received from, Hubert Sibre, re.: pursuant to the notice of discontinuance of the appeal (Sept. 05/07) sent by Mtre Guy Dupont | Domfer Metal Powders LTD. |
| 2007-10-11 | Correspondence received from, Deloitte & Touche, re.: Notice of suspension of procedures | Domfer Metal Powders LTD. |
| 2007-09-12 | Appeal closed | |
| 2007-09-12 | Correspondence received from, Pierre Sylvestre dated Sept. 12/07 re : discontinues his cross-appeal | Comité d'environnement de Ville-Émard (C.E.V.E.) |
| 2007-08-31 | Discontinuance of the appeal, also sent to Quebec Court of Appeal (original rec'd Sept. 5/07) | Domfer Metal Powders LTD. |
| 2007-06-04 | Notice of deposit for security, $500 from Noël | Comité d'environnement de Ville-Émard (C.E.V.E.) |
| 2007-06-04 | Notice of cross appeal, Completed on: 2007-06-04 | Comité d'environnement de Ville-Émard (C.E.V.E.) |
| 2007-06-04 | Notice of deposit for security | Domfer Metal Powders LTD. |
| 2007-06-01 | Notice of appeal, Completed on: 2007-06-01 | Domfer Metal Powders LTD. |
| 2007-05-07 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2007-05-07 | Appeal hearing tentative date, 2008-03-18 | |
| 2007-05-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-05-04 | Judgment on leave sent to the parties | |
| 2007-05-03 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal and the application for leave to cross-appeal from the judgment of the Court of Appeal of Quebec (Montreal), Number 500-09-012865-028, dated October 31, 2006, are granted with costs in any event of the cause. This appeal should be heard with St. Lawrence Cement Inc. v. Huguette Barrette and Claude Cochrane, in his capacity of representing the designated group (31782). Granted, with costs |
|
| 2007-05-03 |
Judgment of the Court on the application for leave to cross-appeal Granted, with costs |
|
| 2007-04-02 | All materials on application for leave submitted to the Judges, Bi De Abe | |
| 2007-04-02 | All material on the application for leave to cross-appeal submitted to the Judges, Bi De Abe | |
| 2007-03-27 | Reply to the memorandum in response to the argument on cross-appeal, (Letter Form), from Samy Elnemr dated March 27/07 re: will not be filing a reply, Completed on: 2007-03-27 | Comité d'environnement de Ville-Émard (C.E.V.E.) |
| 2007-03-23 | Memorandum of argument in response to the cross-appeal, Included in the reply, Completed on: 2007-03-23 | Domfer Metal Powders LTD. |
| 2007-03-23 | Applicant's reply to respondent's argument, (joint with response to cross-appeal), Completed on: 2007-03-23 | Domfer Metal Powders LTD. |
| 2007-03-15 | Correspondence received from, Samy Elnemr dated March 15/07 re: letter in file 31782 | Comité d'environnement de Ville-Émard (C.E.V.E.) |
| 2007-02-28 | Application for leave to cross-appeal, Included in the response, Completed on: 2007-02-28 | Comité d'environnement de Ville-Émard (C.E.V.E.) |
| 2007-02-28 | Respondent's response on the application for leave to appeal, Completed on: 2007-02-28 | Comité d'environnement de Ville-Émard (C.E.V.E.) |
| 2007-02-02 | Correspondence received from, Guy Du Pont dated Feb. 2/07 re: reply to letter of January 31 and Feb. 1/07 - rec'd by fax with cc. to all parties (original rec'd Feb. 6/07) | Domfer Metal Powders LTD. |
| 2007-01-31 | Correspondence received from, Guy Du Pont dated Jan. 30/07 re: request that application be dealt with at the same time and same panel as 31782 (rec'd by fax with cc. to other parties - original rec'd Feb. 1/07) | Domfer Metal Powders LTD. |
| 2007-01-31 | Correspondence received from, Samy Elnemr date January 31st, 2007. Re: not to be heard with 31782 (rec'd by fax with cc. to other parties) | Comité d'environnement de Ville-Émard (C.E.V.E.) |
| 2007-01-30 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2007-01-29 | Application for leave to appeal, Extension of time to January 29, 2007 granted by C/A (5 volumes), Completed on: 2007-01-30 | Domfer Metal Powders LTD. |
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 |
|---|---|---|
| Domfer Metal Powders LTD. | Appellant / Respondent on cross-appeal | Active |
v.
| Name | Role | Status |
|---|---|---|
| Comité d'environnement de Ville-Émard (C.E.V.E.) | Respondent / Appellant on cross-appeal | Active |
| Michaud, Patrice | Respondent / Appellant on cross-appeal | Active |
Counsel
Party: Domfer Metal Powders LTD.
Counsel
Marc-André Boutin
Brandon Wiener
26e étage
1501, avenue McGill College
Montréal, Quebec
H3A 3N9
Telephone: (514) 841-6406
FAX: (514) 841-6499
Email: gdupont@dwpv.com
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Comité d'environnement de Ville-Émard (C.E.V.E.)
Counsel
Samy Elnemr
740, Avenue Atwater
Montréal, Quebec
H4C 2G9
Telephone: (514) 937-2881
FAX: (514) 937-6529
Email: p.sylvestre@sfpavocats.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Michaud, Patrice
Counsel
Samy Elnemr
740, Avenue Atwater
Montréal, Quebec
H4C 2G9
Telephone: (514) 937-2881
FAX: (514) 937-6529
Email: p.sylvestre@sfpavocats.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.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.
Damages – Civil liability – Environmental law – Air pollution – Noise pollution – Class action – Neighbourhood disturbances – Dust – Noise – Odours – Abnormal annoyances – Compensation of people living near plant for disturbances caused by operation of plant – Whether no-fault liability exists in Quebec law for neighbourhood disturbances – Whether Court of Appeal erred with regard to award of damages and prescription of rights – Whether Court of Appeal erred in refusing to award damages for dust deposited on automobiles – Whether Court of Appeal erred in excluding certain residents.
The Comité d’environnement de Ville-Émard and its treasurer, Patrice Michaud, instituted a class action against Domfer for neighbourhood disturbances caused by the operation of its plant. Residents claimed to have suffered damage and annoyances caused primarily by dust, noise and odours of sulphur from the Domfer plant. The Comité and Domfer had entered into an agreement in 1989 to try to find solutions; Domfer had spent more than $2 million to improve the situation.
The Superior Court dismissed the class action. In support of its decision, it found that the health of individuals and the existence of property were not at stake, and that Domfer had made serious efforts in good faith to improve the situation.
The Court of Appeal was of the opinion that Domfer had committed a fault within the meaning of art. 1457 C.C.Q.
Lower court rulings
Superior Court of Quebec
500-06-000036-976
Recours collectif rejeté
Court of Appeal of Quebec (Montréal)
500-09-012865-028
Appel accueilli en partie
Memorandums of argument on application for leave to appeal
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 filing 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.
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Factums on appeal
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.
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