Case information
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34662
Yannick Payette, et al. v. Guay inc.
(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) |
|---|---|---|
| 2014-01-30 | Appeal closed | |
| 2014-01-29 | Certificate of taxation issued to, Gilles Rancourt | |
| 2014-01-29 | Decision on the bill of costs, in the amount of $8,144.88, Reg | |
| 2014-01-29 | Submission of the bill of costs, Reg | |
| 2013-12-12 | Bill of costs, Completed on: 2013-12-12 | Guay inc. |
| 2013-09-13 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-09-13 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-09-12 |
Judgment on the appeal rendered, CJ LeB F Ro Cro Ka Wa, The appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-09-007095-109, 2011 QCCA 2282, dated December 12, 2011, heard on January 23, 2013, is dismissed with costs and the decision of the Court of Appeal is confirmed. Dismissed, with costs |
|
| 2013-02-05 | Transcript received, (95 pages) | |
| 2013-01-23 | Judgment reserved OR rendered with reasons to follow | |
| 2013-01-23 |
Hearing of the appeal, 2013-01-23, CJ LeB F Ro Cro Ka Wa Judgment reserved |
|
| 2013-01-23 | Respondent's condensed book, (14 copies) distributed at the hearing | Guay inc. |
| 2013-01-23 | Appellant's condensed book, (14 copies) distributed at the hearing | Yannick Payette |
| 2013-01-23 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2013-01-11 | Correspondence received from, Vincent Rochette, dated Jan.11/13, by fax, Re: request for reserved seats | Yannick Payette |
| 2013-01-08 | Notice of appearance, Mario Welsh, Gilles Rancourt and Gwenaelle Thibaut will be present at the hearing | Guay inc. |
| 2013-01-08 | Notice of appearance, Éric Hardy, Pierre Duquette and Vincent Rochette will be present at hearing | Yannick Payette |
| 2012-12-10 | Notice of hearing sent to parties | |
| 2012-11-22 |
Appeal hearing scheduled, 2013-01-23 Judgment reserved |
|
| 2012-11-08 | Appeal perfected for hearing | |
| 2012-10-31 | Respondent's factum, Completed on: 2012-10-31 | Guay inc. |
| 2012-09-06 | Appellant's record, (11 volumes), Completed on: 2012-09-07 | Yannick Payette |
| 2012-09-06 | Appellant's book of authorities, (2 volumes), Completed on: 2012-09-07 | Yannick Payette |
| 2012-09-06 | Appellant's factum, Service to come (rec'd Sept. 10/12), Completed on: 2012-09-10 | Yannick Payette |
| 2012-06-15 | Notice of appeal, Completed on: 2012-06-15 | Yannick Payette |
| 2012-05-22 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-05-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-05-18 | Judgment on leave sent to the parties | |
| 2012-05-17 |
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 (Québec), Number 200-09-007095-109, 2011 QCCA 2282, dated December 12, 2011, is granted with costs in the cause. The stay of the injunction ordered by the Court of Appeal is granted until the date of filing of the notice of appeal. Granted, with costs in the cause |
|
| 2012-04-23 | All materials on application for leave submitted to the Judges, LeB Abe Cro | |
| 2012-03-16 | Applicant's reply to respondent's argument, service missing- rec'd March 20, 2012, Completed on: 2012-03-20 | Yannick Payette |
| 2012-03-08 | Respondent's response on the application for leave to appeal, service missing (rec'd March 8, 2012), Completed on: 2012-03-12 | Guay inc. |
| 2012-02-13 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2012-02-08 | Book of authorities | Yannick Payette |
| 2012-02-08 | Application for leave to appeal, Completed on: 2012-02-08 | Yannick Payette |
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 |
|---|---|---|
| Payette, Yannick | Appellant | Active |
| Mammoet Canada Eastern Ltd., successor to Mammoet Crane Inc. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Guay inc. | Respondent | Active |
Counsel
Party: Payette, Yannick
Counsel
Me Pierre Duquette
Complexe Jules-Dallaire / Tour Norton Rose
Bureau 1500, 2828, boulevard Laurier
Québec, Quebec
G1V 0B9
Telephone: (418) 640-5000
FAX: (418) 640-1500
Email: eric.hardy@nortonrose.com
Agent
1500-45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8604
FAX: (613) 230-5459
Email: sally.gomery@nortonrosefulbright.com
Party: Mammoet Canada Eastern Ltd., successor to Mammoet Crane Inc.
Counsel
Me Pierre Duquette
Complexe Jules-Dallaire / Tour Norton Rose
Bureau 1500, 2828, boulevard Laurier
Québec, Quebec
G1V 0B9
Telephone: (418) 640-5000
FAX: (418) 640-1500
Email: eric.hardy@nortonrose.com
Agent
1500-45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8604
FAX: (613) 230-5459
Email: sally.gomery@nortonrosefulbright.com
Party: Guay inc.
Counsel
Jean-François Bienjonetti
Mario Welsh
Bureau 600
900, boulevard René-Lévesque Est
Québec, Quebec
G1R 2B5
Telephone: (418) 524-5131
FAX: (418) 524-1717
Email: grancourt@heenan.ca
Agent
55, rue Metcalfe
Bureau 300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-1327
FAX: (866) 297-9748
Email: slorquet@heenan.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.
Sale Sale of businesses and accessory contract of employment Non competition and non solicitation clause Sale of assets of crane rental companies coupled with contract of employment Clauses in restraint of trade given in consideration of sale Accessory employment extended and employee later dismissed Whether Court of Appeal erred in denying appellant Payette protection conferred by art. 2095 of Civil Code of Québec In alternative, whether Court of Appeal erred in finding stipulations of non competition and non solicitation in clauses 10.1 and 10.2 of contract reasonable.
The assets of companies controlled by the appellant Mr. Payette were purchased by the respondent Guay inc. in October 2004. All of those companies worked in the same field, namely crane rental. The contract of sale provided that Mr. Payette would remain employed by Guay and be bound by a non competition clause and companion non solicitation clause for a period of five years after the termination of the employment relationship. The company dismissed Mr. Payette in August 2009; in March 2010, he began working for the appellant Mammoet, a competitor. Guay applied for an injunction; pending the trial, Guay was granted a provisional injunction and a safeguard order. The Superior Court found that the dismissal was wrongful and refused to apply the non competition clause, which it also found too broad to be valid. That decision was reversed by a majority of the Court of Appeal.
Lower court rulings
Superior Court of Quebec
200-17-012946-109
See file
Superior Court of Quebec
200-17-012946-109
See file
Superior Court of Quebec
2010 QCCS 2756
Permanent injunction sought by respondent denied
Court of Appeal of Quebec (Québec)
200-09-007095-109, 2011 QCCA 2282
Appeal allowed; injunction issued against applicants until August 3, 2014
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.
Downloadable PDFs
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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.
Downloadable PDFs
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