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35033

Amex Bank of Canada v. Sylvan Adams, et al.

(Quebec) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2015-10-09 Appeal closed
2015-10-08 Certificate of taxation issued to, Mr. Pierre Landry
2015-10-08 Decision on the bill of costs, in the amount of $12,887.60, DeRg
2015-10-08 Submission of the bill of costs, DeRg
2015-10-08 Certificate of taxation issued to, Mr. Pierre Landry
2015-10-08 Decision on the bill of costs, in the amount of $4,378.13, DeRg
2015-10-08 Submission of the bill of costs, DeRg
2015-03-27 Response to the bill of costs, Completed on: 2015-03-27 Amex Bank of Canada
2015-03-19 Bill of costs, Completed on: 2015-03-19, (Printed version filed on 2015-03-19) Président de l'Office de la protection du consommateur
2015-03-18 Bill of costs, Completed on: 2015-03-19, (Printed version filed on 2015-03-19) Attorney General of Quebec
2014-09-22 Formal judgment sent to the registrar of the court of appeal and all parties
2014-09-22 Judgment on appeal and notice of deposit of judgment sent to all parties
2014-09-19 Judgment on the appeal rendered, CJ LeB Abe Ro Cro Mo Wa, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-019842-095, 2012 QCCA 1394, dated August 2, 2012, heard on February 13, 2014, is dismissed with costs. Sections 12, 219 and 272 of the Consumer Protection Act, CQLR, c. P-40.1, are constitutionally applicable and operative.
Dismissed, with costs
2014-02-28 Transcript received, (259 Pages)
2014-02-13 Judgment reserved OR rendered with reasons to follow
2014-02-13 Intervener's condensed book, Submitted in Court (14 copies) - Joint with 35009 Attorney General of Alberta
2014-02-13 Intervener's condensed book, Submitted in Court (14 copies) - Joint with 35009 Attorney General of Canada
2014-02-13 Respondent's condensed book, Submitted in Court (14 copies) Sylvan Adams
2014-02-13 Respondent's condensed book, Submitted in Court (14 copies) - Joint with 35009 Attorney General of Quebec
2014-02-13 Appellant's condensed book, Submitted in Court (14 copies) - Joint with 35009 Amex Bank of Canada
2014-02-13 Hearing of the appeal, 2014-02-13, CJ LeB Abe Ro Cro Mo Wa
Judgment reserved
2014-02-06 Correspondence received from, Bruce W. Johnston, re: time allocation distribution Sylvan Adams
2014-02-05 Order by, (Joint with 35009), Abe, FURTHER TO THE ORDER dated November 14, 2013, granting leave to intervene to the Canadian Bankers Association;
IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeals.
Granted
2014-02-03 Correspondence received from, Robert E. Houston re: counsel sheet Attorney General of Ontario
2014-02-03 Notice of appearance, Robert Normey will be present Attorney General of Alberta
2014-02-03 Correspondence received from, Robert E. Houston, Q.C., re: order for oral argument Attorney General of Ontario
2014-02-03 Correspondence received from, Pierre Salois, re: oral argument Attorney General of Canada
2014-01-31 Correspondence received from, Mahmud Jamal, re: response to letter of Mr. Johnston on oral argument Amex Bank of Canada
2014-01-30 Correspondence received, from Bruce W. Johnston, re: time for oral argument
2014-01-30 Correspondence received from, Ed Van Bemmel by e-mail, re: agrees with proposal of Mahmud Jamal for oral argument at the hearing of the appeals Attorney General of Alberta
2014-01-29 Correspondence received from, Mahmud Jamal by fax, re: proposed time allocation for the three appeals Amex Bank of Canada
2014-01-29 Notice of withdrawal, of the notice of intervention respecting constitutional questions Attorney General of British Columbia
2014-01-27 Intervener's book of authorities, Joint with 35009 (5 volumes), Completed on: 2014-01-27 Attorney General of Canada
2014-01-27 Intervener's factum - AG on constitutional question, Joint with 35009 - English translation also filed, Completed on: 2014-01-27 Attorney General of Canada
2014-01-27 Intervener's book of authorities, Joint with 35009, Completed on: 2014-01-27 Attorney General of Alberta
2014-01-27 Intervener's factum - AG on constitutional question, Completed on: 2014-01-27 Attorney General of Alberta
2014-01-27 Intervener's book of authorities, Joint with 35009, Completed on: 2014-01-27 Canadian Bankers Association
2014-01-27 Intervener's factum, Joint with 35009, Completed on: 2014-01-27 Canadian Bankers Association
2014-01-24 Notice of appearance, Mahmud Jamal, Silvana Conte, Anne-Marie Lizotte, Alexandre Fallon and David Rankin will be present at the hearing. Amex Bank of Canada
2013-12-04 Correspondence received from, 3 reserved seats requested Amex Bank of Canada
2013-12-04 Appeal hearing scheduled, 2014-02-13, Early start 9:00 a.m. (To be heard with 35009 & 35018)
Judgment reserved
2013-11-29 Notice of appearance, Peter Kalichman, Catherine McKenzie and Mathieu Bouchard will be present at the hearing. Sylvan Adams
2013-11-26 Notice of hearing sent to parties
2013-11-15 Appeal perfected for hearing
2013-11-14 Order on motion for leave to intervene, (by ABELLA J.)
2013-11-14 Decision on the motion for leave to intervene, (Joint with 35009), Abe, UPON APPLICATION by the Canadian Bankers Association for leave to intervene in the above appeals;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for leave to intervene of the Canadian Bankers Association is granted and the said intervener shall be entitled to serve and file a single factum not to exceed 10 pages in length in these appeals on or before January 27, 2014.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The intervener is 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 intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention.
Granted
2013-11-14 Submission of motion for leave to intervene, Abe
2013-11-12 Respondent's book of authorities, (Book Form), Vol. 1 and 2, Completed on: 2013-11-26 Sylvan Adams
2013-11-12 Respondent's factum, (Book Form), Completed on: 2013-11-26 Sylvan Adams
2013-11-12 Respondent's book of authorities, (Book Form), Completed on: 2013-11-26 Attorney General of Quebec
2013-11-12 Respondent's factum, (Book Form), Completed on: 2013-11-26 Attorney General of Quebec
2013-11-08 Correspondence received from, (Letter Form), from Marc Migneault dated 2013-11-08 re: will not participate Président de l'Office de la protection du consommateur
2013-11-01 Reply to the motion for leave to intervene, Completed on: 2013-11-01 Canadian Bankers Association
2013-10-29 Response to the motion for leave to intervene, (Letter Form), from Mathieu Bouchard dated 2013-10-29, Completed on: 2013-10-29 Sylvan Adams
2013-10-25 Response to the motion for leave to intervene, (Letter Form), from Joël Simard dated 2013-10-25 (joint with 35009), Completed on: 2013-10-25 Président de l'Office de la protection du consommateur
2013-10-25 Response to the motion for leave to intervene, (Letter Form), from Jean-François Jobin dated 2013-10-25 (joint with 35009), Completed on: 2013-10-25 Attorney General of Quebec
2013-10-25 Response to the motion for leave to intervene, (Letter Form), from Patricia J. Wilson dated 2013-10-25 (joint with 35009), Completed on: 2013-10-25 Amex Bank of Canada
2013-10-15 Motion for leave to intervene, (Book Form), joint with 35009, Completed on: 2013-10-15 Canadian Bankers Association
2013-09-16 Appellant's factum, Completed on: 2013-09-16 Amex Bank of Canada
2013-09-13 Appellant's record, Corrected volume 5 rec'd 2013-10-23 (35 volumes + Table of contents), Completed on: 2013-09-13 Amex Bank of Canada
2013-09-12 Order on motion to extend time, (by the REGISTRAR)
2013-09-12 Decision on motion to extend time, Reg, to serve and file a notice of intervention on consitutional questions to August 26,2013.
Granted
2013-09-12 Submission of motion to extend time, Reg
2013-08-29 Response to motion to extend time, e-mail from Ed Van Bemmel dated Aug. 28/13, Completed on: 2013-08-29 Sylvan Adams
2013-08-28 Motion to extend time, to serve and file a Notice of Intervention to Aug. 26/13, Completed on: 2013-08-28 Attorney General of Alberta
2013-08-26 Notice of intervention respecting a constitutional question Attorney General of Alberta
2013-08-23 Notice of intervention respecting a constitutional question Attorney General of Ontario
2013-08-23 Notice of intervention respecting a constitutional question Attorney General of Canada
2013-07-29 Order on miscellaneous motion, (included in motion record)
2013-07-29 Decision on miscellaneous motion, (joint with 35009-35018), LeB, for an order permitting the filing in electronic form of a joint record as between the parties in 35009 and 35018 and between the parties in 35033 and to reduce the number of printed copies of the joint records. Parties are permitted to file factum(s) of each party and hyperlinked to the electronic Joint Record and Book(s) of Authorities
Granted
2013-07-29 Submission of miscellaneous motion, LeB
2013-07-18 Notice of intervention respecting a constitutional question Attorney General of British Columbia
2013-07-16 Notice of miscellaneous motion, (Book Form), for an order permitting the filing in electronic form of a joint record as between the parties in 35009 and 35018 and between the parties in 35033 and to reduce the number of printed copies of the joint records (joint with 35009-35018), Completed on: 2013-07-16 Amex Bank of Canada
2013-06-25 Notice of constitutional question(s) Amex Bank of Canada
2013-06-24 Order on motion to state a constitutional question, (by THE CHIEF JUSTICE)
2013-06-24 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant for an order stating constitutional questions and extending the time within which the appellant may serve and file its motion to state constitutional questions in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion by the appellant to extend the time to serve and file the motion to state constitutional questions is granted, and the constitutional questions are stated as follows:
1. Are ss. 12, 219, and 272 of the Consumer Protection Act, R.S.Q., c. P-40.1 constitutionally inapplicable in respect of bank-issued credit and charge cards by reason of the doctrine of interjurisdictional immunity?
2. Are ss. 12, 219, and 272 of the Consumer Protection Act, R.S.Q., c. P-40.1 constitutionally inoperative in respect of bank-issued credit and charge cards by reason of the doctrine of federal paramountcy?
Any Attorney General who intervenes pursuant to Rule 61(4) shall pay the appellant and respondents the costs of any additional disbursements they incur as a result of the intervention.
IT IS HEREBY FURTHER ORDERED THAT:
Any Attorney General who intervenes pursuant to Rule 61(4) shall serve and file their factum and book of authorities no later than January 27, 2014.
Granted
2013-06-24 Submission of motion to state a constitutional question, CJ
2013-05-31 Response to the motion to state a constitutional question, (joint with a response to the motion for extension of time), Completed on: 2013-05-31 Attorney General of Canada
2013-05-27 Motion to state a constitutional question, (Book Form), (joint with an extension of time), Completed on: 2013-05-27 Amex Bank of Canada
2013-05-13 Notice of appeal, Completed on: 2013-05-13 Amex Bank of Canada
2013-05-02 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2013-04-29 Correspondence received from, Patricia J. Wilson by fax, re: motion to state constitutional questions will be filed 2 weeks late with a motion for extension of time Amex Bank of Canada
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 motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-019842-095, 2012 QCCA 1394, dated August 2, 2012, is granted with costs in the cause.
Granted, with costs in the cause
2013-04-11 Decision on motion to extend time to file and /or serve the leave application, see judgment
Granted
2013-02-18 All materials on application for leave submitted to the Judges, LeB Ka Wa
2013-02-18 Submission of motion to extend time to file and/ or serve the leave application, LeB Ka Wa
2012-11-23 Applicant's reply to respondent's argument, Completed on: 2012-11-23 Amex Bank of Canada
2012-11-15 Intervener's memorandum of argument on application for leave, (Letter Form), (from Michel Miller, dated Nov.13/12 by email), Completed on: 2012-11-15 Attorney General of Canada
2012-11-14 Respondent's response on the application for leave to appeal, (Letter Form), (from Joel Simard, dated Nov.14/12, by fax), Completed on: 2012-11-14 Président de l'Office de la protection du consommateur
2012-11-14 Respondent's response on the application for leave to appeal, Completed on: 2012-11-14 Sylvan Adams
2012-11-13 Respondent's response on the application for leave to appeal, (2 volumes), Completed on: 2012-11-13 Attorney General of Quebec
2012-10-15 Letter acknowledging receipt of a complete application for leave to appeal
2012-10-15 Book of authorities, (2 volumes) Amex Bank of Canada
2012-10-15 Motion to extend the time to file and or serve the application for leave to appeal, (included in the application), Completed on: 2012-10-15 Amex Bank of Canada
2012-10-15 Application for leave to appeal, (3 volumes), Completed on: 2012-10-15 Amex Bank of Canada

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

Main parties - Appellants
Name Role Status
Amex Bank of Canada Appellant Active

v.

Main parties - Respondents
Name Role Status
Adams, Sylvan Respondent Active
Attorney General of Quebec Respondent Active
Président de l'Office de la protection du consommateur Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active
Attorney General of Ontario Intervener Active
Attorney General of Alberta Intervener Active
Canadian Bankers Association Intervener Active

Counsel

Party: Amex Bank of Canada

Counsel
Mahmud Jamal
Silvana Conte
Alexandre Fallon
Anne-Marie Lizotte
W. David Rankin
Osler, Hoskin & Harcourt LLP
1000 de la Gauchetière Street West
Suite 2100
Montréal, Quebec
H3B 4W5
Telephone: (514) 904-8100
FAX: (514) 904-8101
Email: mjamal@osler.com
Agent
Patricia J. Wilson
Osler, Hoskin & Harcourt LLP
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com

Party: Adams, Sylvan

Counsel
Peter Kalichman
Mathieu Bouchard
Catherine McKenzie
Irving Mitchell Kalichman LLP
3500 De Maisonneuve Boulevard West
Place Alexis Nihon, Tower 2, Suite 1400
Montreal, Quebec
H3Z 3C1
Telephone: (514) 935-4460
FAX: (514) 935-2999
Email: pkalichman@imk.ca
Agent
Guy Régimbald
Gowling WLG (Canada) LLP
160 Elgin Street
26th Floor
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com

Party: Attorney General of Quebec

Counsel
Jean-François Jobin
Francis Demers
Samuel Chayer
Bernard, Roy & Associés
8.00 - 1 rue Notre-Dame Est
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336 Ext: 51452
FAX: (514) 873-7074
Email: jean-francois.jobin@justice.gouv.qc.ca
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com

Party: Président de l'Office de la protection du consommateur

Counsel
Marc Migneault
Allard, Renaud et Associés
100, rue Laviolette
Bureau RC 11
Trois-Rivières, Quebec
G9A 5S9
Telephone: (888) 672-2556 Ext: 3426
FAX: (819) 371-6489
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com

Party: Attorney General of Canada

Counsel
Michel Miller
Bernard Letarte
Procureur général du Canada
5e étage, Tour Est
200, boulevard René-Lévesque Ouest
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-3582
FAX: (514) 283-3856
Email: michel.miller@justice.gc.ca
Agent
Christopher M. Rupar
Attorney General of Canada
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca

Party: Attorney General of Ontario

Counsel
Janet E. Minor
Robert A. Donato
Attorney General of Ontario
720 Bay Street
4th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4137
FAX: (416) 326-4015
Email: janet.minor@jus.gov.on.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Attorney General of Alberta

Counsel
Robert J. Normey
Attorney General of Alberta
4th Floor, Bowker Building
9833 - 109th Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-9532
FAX: (780) 425-0307
Email: robert.normey@gov.ab.ca
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com

Party: Canadian Bankers Association

Counsel
John B. Laskin
Myriam M. Seers
Torys LLP
3000 Maritime Life Tower, TD Centre
79 Wellington Street West
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-7317
FAX: (416) 865-7380
Email: jlaskin@torys.com
Agent
Patricia J. Wilson
Osler, Hoskin & Harcourt LLP
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com

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.

Constitutional Law - Interjurisdictional Immunity - Federal Paramountcy - Financial Institutions - Credit Cards - Consumer Protection - Applicability and Operability of the Consumer Protection Act, R.S.Q., c. P-40.1 (the “CPA”) in conjunction with Bank Act, S.C. 1991, c. 46, as am. and the Cost of Borrowing (Banks) Regulations, SOR/2001-101, as am. - Are ss. 12, 219, and 272 of the Consumer Protection Act, R.S.Q., c. P-40.1 constitutionally inapplicable in respect of bank-issued credit and charge cards by reason of the doctrine of interjurisdictional immunity? - Are ss. 12, 219, and 272 of the Consumer Protection Act, R.S.Q., c. P-40.1 constitutionally inoperative in respect of bank-issued credit and charge cards by reason of the doctrine of federal paramountcy? - Are the plaintiff and the class entitled to restitution under the Civil Code of Québec?

In the context of this class action, the representative plaintiff alleged that the Appellant breached the CPA by failing to disclose foreign exchange conversion charges on credit cards as a “credit charge”, in violation of the Civil Code of Québec and the CPA, thereby making the Appellant liable for restitution and punitive damages under the CPA. These allegations were denied by the Appellant, who further maintained that on the basis of existing federal legislation applicable to the banking industry, the CPA is constitutionally inapplicable under the interjurisdictional immunity doctrine, and that it is otherwise inoperative under the paramountcy doctrine.

Lower court rulings

June 11, 2009
Superior Court of Quebec

2009 QCCS 2695, 500-06-000262-044

Class action allowed in part, inter alia on grounds that foreign currency conversion commissions were charged to the class members in violation of the CPA, the application and operability of which were not barred by either the doctrine of interjurisdictional immunity or the doctrine of federal paramountcy.
August 2, 2012
Court of Appeal of Quebec (Montréal)

2012 QCCA 1394, 500-09-019842-095

Appeal allowed in part.

Memorandums of argument on application for leave to appeal

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Factums on appeal

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Date modified: 2025-02-27