Case information
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32860
Marcel de Montigny, personally and in his capacity as heir and liquidator of the succession of Liliane de Montigny, and in his capacity as heir of the successions of Claudia and Béatrice Brossard, et al. v. Succession of the late Martin Brossard represented by Roger Brossard, its liquidator
(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) |
|---|---|---|
| 2011-03-07 | Appeal closed | |
| 2011-02-04 | Certificate of taxation issued to, Jean-Félix Racicot | |
| 2011-01-27 | Decision on the bill of costs, in the amount of $17,997.11, Reg | |
| 2011-01-27 | Submission of the bill of costs, Reg | |
| 2010-12-08 | Bill of costs, Completed on: 2010-12-08 | Marcel de Montigny, personally and in his capacity as heir and liquidator of the succession of Liliane de Montigny, and in his capacity as heir of the successions of Claudia and Béatrice Brossard |
| 2010-11-12 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2010-11-12 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2010-11-10 |
Judgment on the appeal rendered, CJ LeB De F Abe Cha Cro, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-016606-063, 2008 QCCA 1577, dated August 26, 2008, heard on April 14, 2010, is allowed in part, with costs throughout. The appellants, in their capacity as heirs of the successions of Liliane de Montigny and Béatrice and Claudia Brossard, are awarded $10,000 plus interest at the legal rate from the date the proceedings were instituted. Allowed in part, with costs |
|
| 2010-05-17 | Transcript received, (73 pages) | |
| 2010-04-14 | Judgment reserved OR rendered with reasons to follow | |
| 2010-04-14 | Amicus curiae's condensed book, Submitted in Court (14 copies) | Sébastien Grammond, D. Phil. |
| 2010-04-14 | Appellant's condensed book, Submitted in Court (14 copies) | Marcel de Montigny, personally and in his capacity as heir and liquidator of the succession of Liliane de Montigny, and in his capacity as heir of the successions of Claudia and Béatrice Brossard |
| 2010-04-14 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2010-04-14 |
Hearing of the appeal, 2010-04-14, CJ LeB De F Abe Cha Cro Judgment reserved |
|
| 2010-04-08 | Notice of appearance, Sébastien Grammond will be present at the hearing. | Sébastien Grammond, D. Phil. |
| 2010-04-08 | Notice of appearance, Jean-Yves Bernard will be present at the hearing. | Attorney General of Quebec |
| 2010-03-29 | Supplemental document, Authorities on Reply, Completed on: 2010-03-29 | Marcel de Montigny, personally and in his capacity as heir and liquidator of the succession of Liliane de Montigny, and in his capacity as heir of the successions of Claudia and Béatrice Brossard |
| 2010-03-29 | Reply factum on appeal, Completed on: 2010-03-29 | Marcel de Montigny, personally and in his capacity as heir and liquidator of the succession of Liliane de Montigny, and in his capacity as heir of the successions of Claudia and Béatrice Brossard |
| 2010-03-22 |
Order by, LeB, FURTHER TO THE ORDER dated January 21, 2010 granting the Attorney General of Quebec leave to intervene; IT IS HEREBY FURTHER ORDERED THAT: the intervener Attorney General of Quebec is granted leave to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2010-03-18 | Amicus curiae's book of authorities, Completed on: 2010-03-18 | Sébastien Grammond, D. Phil. |
| 2010-03-18 | Amicus curiae's factum, Completed on: 2010-03-18 | Sébastien Grammond, D. Phil. |
| 2010-03-17 | Intervener's book of authorities, Electronique Form and service rec'd Mar. 18/10, Completed on: 2010-03-17 | Attorney General of Quebec |
| 2010-03-17 | Intervener's factum, service and electronique form rec'd Mar. 18/10, Completed on: 2010-03-19 | Attorney General of Quebec |
| 2010-03-12 | Notice of hearing sent to parties | |
| 2010-03-12 |
Appeal hearing scheduled, 2010-04-14, previously Nov-13-09 and Dec-18-09 (start time 9:30 a.m.) Judgment reserved |
|
| 2010-02-03 | Notice of change of counsel, Changed agents from Pierre Landry of Noel et Associés to Richard Gaudreau of Bergeron Gaudreau | Attorney General of Quebec |
| 2010-01-28 | Correspondence received, from C. Buies, dated Jan-21-10, addressed to Mr. Grammond | |
| 2010-01-21 | Order on motion for leave to intervene | |
| 2010-01-21 |
Decision on the motion for leave to intervene, LeB, La requête en prorogation de délai et en intervention de la Procureure générale du Québec est accordée et l’intervenante est autorisée à signifier et à déposer un mémoire n’excédant pas 10 pages. La décision sur la demande en vue de présenter une plaidoirie orale sera rendue après réception et examen des arguments écrits des parties et de l’intervenante. L’intervenante n'aura pas le droit de produire d'autres éléments de preuve ni d'ajouter quoi que ce soit au dossier des parties. Conformément à l'alinéa 59(1)(a) des Règles de la Cour suprême du Canada, l’intervenante paiera aux appelants tous débours supplémentaires résultant de son intervention. IL EST EN OUTRE ORDONNÉ QUE: Les appelants pourront signifier et déposer un mémoire en réplique à l’intervenante n'excédant pas 5 pages le ou avant le 29 mars 2010. Granted |
|
| 2010-01-21 | Submission of motion for leave to intervene, LeB | |
| 2010-01-20 | Reply to the motion for leave to intervene, (Letter Form), from Jean-Vincent Lacroix dated Jan. 19/10, Completed on: 2010-01-20 | Attorney General of Quebec |
| 2010-01-15 | Response to the motion for leave to intervene, (bookform), Completed on: 2010-01-15 | Marcel de Montigny, personally and in his capacity as heir and liquidator of the succession of Liliane de Montigny, and in his capacity as heir of the successions of Claudia and Béatrice Brossard |
| 2010-01-13 | Correspondence (sent by the Court) to, Me Grammond dated Jan-13-10 re: Confirmation of mandate. All documents in file including CD-ROM(on appeal and leave) and hard copies (on appeal) sent. (delivered on Jan-14-10) | |
| 2010-01-04 | Correspondence received from, Jean-Félix Racicot dated Jan. 4/10 re: motion to intervene by A.G. Qc | Marcel de Montigny, personally and in his capacity as heir and liquidator of the succession of Liliane de Montigny, and in his capacity as heir of the successions of Claudia and Béatrice Brossard |
| 2009-12-22 | Motion for leave to intervene, (joint with an extension of time), Completed on: 2009-12-22 | Attorney General of Quebec |
| 2009-12-21 | Notice of change of counsel, of Ottawa Agent only to Frédérick Langlois of Noël et Associés | Marcel de Montigny, personally and in his capacity as heir and liquidator of the succession of Liliane de Montigny, and in his capacity as heir of the successions of Claudia and Béatrice Brossard |
| 2009-12-15 |
Order by, CJ, The appeal scheduled for December 18, 2009 is adjourned to a date to be fixed by the Registrar in the 2010 Spring Session. Granted |
|
| 2009-12-04 | Correspondence (sent by the Court) to, A.G. Qc, C. Buies; re: amicus | |
| 2009-12-03 | Notice of appearance, Jean-Félix Racicot will be present at the hearing. | Marcel de Montigny, personally and in his capacity as heir and liquidator of the succession of Liliane de Montigny, and in his capacity as heir of the successions of Claudia and Béatrice Brossard |
| 2009-11-05 | Correspondence received from, (Letter Form), Me Racicot dated Nov-05-09 re : withdrawal of the respondent | Marcel de Montigny, personally and in his capacity as heir and liquidator of the succession of Liliane de Montigny, and in his capacity as heir of the successions of Claudia and Béatrice Brossard |
| 2009-11-04 | Notice of withdrawal, proof of service requested (rec'd Nov-6-09) | Succession of the late Martin Brossard represented by Roger Brossard, its liquidator |
| 2009-10-30 | Correspondence received from, Me Racicot dated Oct-30-09 re: withdrawal of the Respondent, wants to continue with the appeal | Marcel de Montigny, personally and in his capacity as heir and liquidator of the succession of Liliane de Montigny, and in his capacity as heir of the successions of Claudia and Béatrice Brossard |
| 2009-10-01 | Correspondence received from, (Letter Form), Me Rocheleau re: wants to withdraw - original rec'd Oct-06-09 | Succession of the late Martin Brossard represented by Roger Brossard, its liquidator |
| 2009-09-18 | Appeal perfected for hearing | |
| 2009-08-13 | Notice of hearing sent to parties | |
| 2009-07-24 | Appellant's record, Vol. 1 to 3 - pages 30 and 42 of volume 1 rec'd July 30/09 with signature, Completed on: 2009-07-30 | Marcel de Montigny, personally and in his capacity as heir and liquidator of the succession of Liliane de Montigny, and in his capacity as heir of the successions of Claudia and Béatrice Brossard |
| 2009-07-24 | Appellant's book of authorities, (Vol. 1 and 2), Completed on: 2009-07-24 | Marcel de Montigny, personally and in his capacity as heir and liquidator of the succession of Liliane de Montigny, and in his capacity as heir of the successions of Claudia and Béatrice Brossard |
| 2009-07-24 | Appellant's factum, Original service rec'd July 30/09, Completed on: 2009-07-24 | Marcel de Montigny, personally and in his capacity as heir and liquidator of the succession of Liliane de Montigny, and in his capacity as heir of the successions of Claudia and Béatrice Brossard |
| 2009-05-01 | Notice of appeal, Completed on: 2009-05-01 | Marcel de Montigny, personally and in his capacity as heir and liquidator of the succession of Liliane de Montigny, and in his capacity as heir of the successions of Claudia and Béatrice Brossard |
| 2009-04-07 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2009-04-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-04-03 | Judgment on leave sent to the parties | |
| 2009-04-02 |
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 (Montréal), Number 500-09-016606-063, 2008 QCCA 1577, dated August 26, 2008, is granted with costs to the applicants in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2009-01-12 | All materials on application for leave submitted to the Judges, LeB De Cro | |
| 2008-11-28 | Applicant's reply to respondent's argument, Completed on: 2008-11-28 | Marcel de Montigny, personally and in his capacity as heir and liquidator of the succession of Liliane de Montigny, and in his capacity as heir of the successions of Claudia and Béatrice Brossard |
| 2008-11-21 | Respondent's response on the application for leave to appeal, Completed on: 2008-11-21 | Succession of the late Martin Brossard represented by Roger Brossard, its liquidator |
| 2008-10-29 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2008-10-23 | Application for leave to appeal, Vol I to IV, Completed on: 2008-10-23 | Marcel de Montigny, personally and in his capacity as heir and liquidator of the succession of Liliane de Montigny, and in his capacity as heir of the successions of Claudia and Béatrice Brossard |
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 |
|---|---|---|
| Marcel de Montigny, personally and in his capacity as heir and liquidator of the succession of Liliane de Montigny, and in his capacity as heir of the successions of Claudia and Béatrice Brossard | Appellant | Active |
| Sandra de Montigny, personally and in her capacity as heir and liquidator of the succession of Liliane de Montigny | Appellant | Active |
| and Karen de Montigny, personally and in her capacity as heir and liquidator of the succession of Liliane de Montigny | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Succession of the late Martin Brossard represented by Roger Brossard, its liquidator | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Quebec | Intervener | Active |
| Grammond, D. Phil., Sébastien | Amicus curiae | Active |
Counsel
Party: Marcel de Montigny, personally and in his capacity as heir and liquidator of the succession of Liliane de Montigny, and in his capacity as heir of the successions of Claudia and Béatrice Brossard
Counsel
Mont-St-Hilaire, Quebec
J3H 0C4
Telephone: (450) 466-3630
FAX: (450) 466-7315
Email: avocat@jfracicot.com
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Sandra de Montigny, personally and in her capacity as heir and liquidator of the succession of Liliane de Montigny
Counsel
Mont-St-Hilaire, Quebec
J3H 0C4
Telephone: (450) 466-3630
FAX: (450) 466-7315
Email: avocat@jfracicot.com
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: and Karen de Montigny, personally and in her capacity as heir and liquidator of the succession of Liliane de Montigny
Counsel
Mont-St-Hilaire, Quebec
J3H 0C4
Telephone: (450) 466-3630
FAX: (450) 466-7315
Email: avocat@jfracicot.com
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Succession of the late Martin Brossard represented by Roger Brossard, its liquidator
This party is not represented by counsel.
Party: Attorney General of Quebec
Counsel
Jean-Yves Bernard
a/s Ministère de la Justice (droit autochtone)
1200 Route de l'Église, 2e étage
Québec, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: jean-vincent.lacroix@justice.gouv.qc.ca
Agent
167, rue Notre Dame de l'Île
Gatineau, Quebec
J8X 3T3
Telephone: (819) 770-7928
FAX: (819) 770-1424
Email: bergeron.gaudreau@qc.aira.com
Party: Grammond, D. Phil., Sébastien
Counsel
Université d'Ottawa, 58, rue Louis-Pasteur, pièce 203
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5902
FAX: (613) 562-5121
Email: Sebastien.Grammond@uOttawa.ca
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.
Civil liability - Damages - Moral damages - Exemplary damages - Adequate compensation for “solatium doloris and loss of moral support” and whether lower courts committed palpable and overriding error in this regard - Whether death of person who commits intentional acts precludes award of exemplary damages against his succession - If not, quantum of damages that should be awarded - Charter of human rights and freedoms, R.S.Q., c. C-12.
On April 22, 2002, Martin Brossard killed his spouse, Liliane de Montigny, and their two daughters and then committed suicide. Liliane de Montigny’s father and two sisters then brought an action in damages against Martin Brossard’s succession, in which they joined a direct action and an action by the successions. The direct action included claims for pain, suffering and loss of expectation of life as well as for funeral expenses and exemplary damages. The action by the successions had two aspects: one in which the Applicants, in their capacity as heirs and liquidators, claimed the damages allegedly suffered by Liliane’s succession, and the other in which Liliane’s father did the same for the successions of his two granddaughters. The Superior Court allowed the action in part. The Court of Appeal allowed the appeal in part.
Lower court rulings
Superior Court of Quebec
505-05-008090-026
Action en dommages-intérêts accueillie en partie
Court of Appeal of Quebec (Montréal)
2008 QCCA 1577, 500-09-016606-063
Pourvoi accueilli en partie
Memorandums of argument on application for leave to appeal
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Factums on appeal
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