Case information
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35008
Union Carbide Canada Inc., et al. v. Bombardier 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) |
|---|---|---|
| 2014-05-20 | Appeal closed | |
| 2014-05-09 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2014-05-09 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2014-05-08 |
Judgment on the appeal rendered, CJ LeB Ro Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-022377-121, 2012 QCCA 1300, dated July 17, 2012, heard on December 11, 2013, is dismissed with costs throughout. Dismissed, with costs |
|
| 2013-12-30 | Transcript received, (111 pages) | |
| 2013-12-11 | Judgment reserved OR rendered with reasons to follow | |
| 2013-12-11 |
Hearing of the appeal, 2013-12-11, CJ LeB Ro Cro Mo Ka Wa Judgment reserved |
|
| 2013-12-11 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2013-12-11 | Intervener's condensed book, (Book Form), Filed in Court | Attorney General of British Columbia |
| 2013-12-11 | Respondent's condensed book, (Book Form), Filed in Court | Dow Chemical Canada Inc. (now known as Dow Chemical Canada ULC) |
| 2013-12-11 | Appellant's condensed book, (Book Form), Filed in Court | Union Carbide Canada Inc. |
| 2013-12-04 | Supplemental document, (Book Form), Completed on: 2013-12-04 | Bombardier inc. |
| 2013-11-21 | Notice of appearance, Richard A. Hinse, Robert W. Mason and Dominique Vallières will be appearing, Mr. Hinse will be making the oral submission | Union Carbide Canada Inc. |
| 2013-11-21 | Notice of appearance, William C. McDowell, Jonathan E. Laxer and Kaitlyn Pentney will be appearing and Mr. McDowell will make oral submission | Arbitration Place Inc. |
| 2013-11-20 | Notice of appearance, Mtre Martin F. Sheehan and Mrte Stéphanie Lavallée will be present at the hearing. Mrte Sheehan will present oral submissions. | Bombardier inc. |
| 2013-11-20 | Notice of appearance, Jonathan Eades and Mark Witten will be present at the hearing. Mr. Eades will present oral arguments. | Attorney General of British Columbia |
| 2013-11-19 |
Order by, LeB, FURTHER TO THE ORDER dated September 16, 2013, granting leave to intervene to the Attorney General of British Columbia and the Arbitration Place Inc.; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2013-11-12 | Intervener's book of authorities, (Book Form), Completed on: 2013-11-12 | Attorney General of British Columbia |
| 2013-11-12 | Intervener's factum, (Book Form), Completed on: 2013-11-12 | Attorney General of British Columbia |
| 2013-11-12 | Intervener's book of authorities, (Book Form), Completed on: 2013-11-12 | Arbitration Place Inc. |
| 2013-11-12 | Intervener's factum, (Book Form), Completed on: 2013-11-12 | Arbitration Place Inc. |
| 2013-09-27 | Appeal perfected for hearing | |
| 2013-09-26 | Respondent's book of authorities, (2 volumes), Completed on: 2013-09-26 | Bombardier inc. |
| 2013-09-26 | Respondent's factum, Completed on: 2013-09-26 | Bombardier inc. |
| 2013-09-16 | Order on motion for leave to intervene, (by ABELLA J.) | |
| 2013-09-16 |
Decision on the motion for leave to intervene, Abe, UPON APPLICATIONS by the Attorney General of British Columbia and the Arbitration Place Inc. for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Attorney General of British Columbia and the Arbitration Place Inc. are granted and the said interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before November 12, 2013. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention. Granted |
|
| 2013-09-16 | Submission of motion for leave to intervene, Abe | |
| 2013-09-13 | Reply to the motion for leave to intervene, from Jonathan Eades by e-mail, dated September 13, 2013, Completed on: 2013-09-13 | Attorney General of British Columbia |
| 2013-09-13 | Intervener's book of authorities, (Book Form), in support of the reply to the response to the motion for leave to intervene, Completed on: 2013-09-13 | Arbitration Place Inc. |
| 2013-09-13 | Reply to the motion for leave to intervene, (Book Form), Completed on: 2013-09-13 | Arbitration Place Inc. |
| 2013-09-09 | Notice of hearing sent to parties | |
| 2013-09-06 | Other book of authorities, (Book Form), in support of the response to the motion for leave to intervene filed by the Attorney General of British Columbia, Completed on: 2013-09-06 | Bombardier inc. |
| 2013-09-06 | Other book of authorities, (Book Form), in support of the response to the motion for leave to intervene filed by Arbitration Place Inc., Completed on: 2013-09-06 | Bombardier inc. |
| 2013-09-06 | Response to the motion for leave to intervene, (Book Form), to the motion filed by the Attorney General of British Columbia, Completed on: 2013-09-06 | Bombardier inc. |
| 2013-09-06 | Response to the motion for leave to intervene, (Book Form), to the motion filed by Arbitration Place Inc., Completed on: 2013-09-06 | Bombardier inc. |
| 2013-08-30 | Motion for leave to intervene, (Book Form), Completed on: 2013-08-30 | Arbitration Place Inc. |
| 2013-08-29 | Motion for leave to intervene, Completed on: 2013-08-29 | Attorney General of British Columbia |
| 2013-08-21 |
Appeal hearing scheduled, 2013-12-11 Judgment reserved |
|
| 2013-08-02 | Appellant's book of authorities, (3 volumes), Completed on: 2013-08-02 | Union Carbide Canada Inc. |
| 2013-08-02 | Appellant's record, (2 volumes), Completed on: 2013-08-02 | Union Carbide Canada Inc. |
| 2013-08-02 | Appellant's factum, Completed on: 2013-08-02 | Union Carbide Canada Inc. |
| 2013-07-12 | Correspondence received from, Richard A. Hinse by mail, re: response to the letter from the Registrar of June 24, 2013, dated July 10, 2013 | Union Carbide Canada Inc. |
| 2013-06-24 | Correspondence (sent by the Court) to, all parties, dated June 24/13 re: conflict with judges | |
| 2013-05-24 | Correspondence received from, Martin Sheehan dated May 24, 2013. Re: Stephen Acker will be acting as agent | Bombardier inc. |
| 2013-05-10 | Notice of appeal, Completed on: 2013-05-13 | Union Carbide Canada Inc. |
| 2013-04-17 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2013-04-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-04-12 | Judgment on leave sent to the parties | |
| 2013-04-11 |
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 500-09-022377-121, 2012 QCCA 1300, dated July 17, 2012, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2013-01-28 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2012-11-02 | Applicant's reply to respondent's argument, (Book Form), CD filed, Completed on: 2012-11-02 | Union Carbide Canada Inc. |
| 2012-10-26 | Book of authorities, (Book Form), for the response | Bombardier inc. |
| 2012-10-26 | Respondent's response on the application for leave to appeal, (Book Form), (CD filed) form 14 included, Completed on: 2012-10-29 | Bombardier inc. |
| 2012-10-01 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2012-09-28 | Book of authorities, (Book Form), (2 volumes) | Union Carbide Canada Inc. |
| 2012-09-28 | Application for leave to appeal, (Book Form), form 14 included, Completed on: 2012-09-28 | Union Carbide Canada 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 |
|---|---|---|
| Union Carbide Canada Inc. | Appellant | Active |
| Dow Chemical Canada Inc. (now known as Dow Chemical Canada ULC) | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Bombardier inc. | Respondent | Active |
| Bombardier Recreational Products Inc. and Allianz Global Risks US Insurance Company | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of British Columbia | Intervener | Active |
| Arbitration Place Inc. | Intervener | Active |
Counsel
Party: Union Carbide Canada Inc.
Counsel
Robert W. Mason
Odette Jobin-Laberge
Dominique Vallières
1, place Ville-Marie, Bureau 4000
Montréal, Quebec
H3B 4M4
Telephone: (514) 871-1522
FAX: (514) 871-8977
Agent
1810-360 Albert Street
Ottawa, Ontario
K1R 7X7
Telephone: (613) 233-2679
FAX: (613) 594-8783
Party: Dow Chemical Canada Inc. (now known as Dow Chemical Canada ULC)
Counsel
Robert W. Mason
Odette Jobin-Laberge
Dominique Vallières
1, place Ville-Marie, Bureau 4000
Montréal, Quebec
H3B 4M4
Telephone: (514) 871-1522
FAX: (514) 871-8977
Agent
1810-360 Albert Street
Ottawa, Ontario
K1R 7X7
Telephone: (613) 233-2679
FAX: (613) 594-8783
Party: Bombardier inc.
Counsel
Stéphanie Lavallée
800, Victoria Square, bureau 3700
Boîte postale 242
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-4395
FAX: (514) 397-7600
Email: msheehan@fasken.com
Agent
1300 - 55 Metcalfe St.
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-3882
FAX: (613) 230-6423
Email: sacker@fasken.com
Party: Bombardier Recreational Products Inc. and Allianz Global Risks US Insurance Company
Counsel
Stéphanie Lavallée
800, Victoria Square, bureau 3700
Boîte postale 242
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-4395
FAX: (514) 397-7600
Email: msheehan@fasken.com
Agent
1300 - 55 Metcalfe St.
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-3882
FAX: (613) 230-6423
Email: sacker@fasken.com
Party: Attorney General of British Columbia
Counsel
Mark Witten
1001 Douglas Street, 3rd floor
Legal Services Branch
Victoria, British Columbia
V8W 9J7
Telephone: (250) 387-2789
FAX: (250) 953-3557
Email: jonathan.eades@gov.bc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Arbitration Place Inc.
Counsel
Jonathan Erik Laxer
kaitlyn Pentney
130 Adelaide Street West
Toronto, Ontario
M5H 3P5
Telephone: (416) 865-2949
FAX: (416) 865-9010
Email: wmcdowell@litigate.com
Agent
1420 - 99 Bank Street
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
Email: scott.mclean@dentons.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.
Evidence — Admissibility — Civil procedure — Mediation — General principle of confidentiality of mediation and specific confidentiality agreement — Whether privilege of confidentiality ceases to apply where one party alleges existence of transaction — Suit by business against supplier — Mediation followed by disagreement on outcome of mediation — Motion to homologate transaction containing allegations related to mediation — Motion to strike allegations — Whether Court of Appeal erred in law in holding that exception proposed by authors to principle of confidentiality of mediation prevails over clause of strict confidentiality signed by parties — Whether facts related to mediation can be tendered to prove alleged transaction — Whether writing necessary to prove alleged transaction.
Disputes arose between the parties, both in Quebec and in the United States, regarding jet-ski gas tanks: Bombardier claimed that the tanks, supplied by Union Carbide, were unfit for normal use. A mediation agreement prepared by mediator Mendelsohn was signed on April 26, 2011. It contained the following clause regarding the confidentiality of the process: “Nothing which transpires in the Mediation will be alleged, referred to or sought to be put into evidence in any proceeding”. An offer was made at the mediation session held the next day in Montréal. On May 17, Bombardier’s lawyer accepted the offer of $7M. On May 19, Union Carbide’s lawyer stressed that this was a global settlement. On June 6, Bombardier stated that, on the contrary, it was limited to the Quebec dispute. In July 2011, Bombardier filed a motion in the Superior Court to homologate the transaction in the dispute. The applicants applied to strike six allegations from the motion on the ground that they referred to the mediation.
Lower court rulings
Superior Court of Quebec
2012 QCCS 22, 500-05-056325-002
Applicants’ motion to strike allegations granted in part; order made to strike four allegations from respondents’ motion to homologate transaction
Court of Appeal of Quebec (Montréal)
2012 QCCA 1300, 500-09-022377-121
Appeal allowed; motion to strike dismissed
Memorandums of argument on application for leave to appeal
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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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