Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
35461
Société en commandite Place Mullins, et al. v. Services immobiliers Diane Bisson 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) |
|---|---|---|
| 2016-02-29 | Appeal closed | |
| 2016-02-29 | Certificate of taxation issued to, Me Gabriel Di Genova | |
| 2016-02-29 | Decision on the bill of costs, in the amount of $13,397.16, Reg | |
| 2016-02-29 | Submission of the bill of costs, Reg | |
| 2015-12-07 | Bill of costs, orginal copy & sevice rec'd Dec.8/2015. Fees rec'd Dec.21/15., Completed on: 2015-12-21 | Société en commandite Place Mullins |
| 2015-06-25 |
Written reasons rendered after oral judgment, CJ Abe Ro Cro Wa Ga Côt Allowed, with costs |
|
| 2015-03-31 | Transcript received, (61 pages) | |
| 2015-03-19 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2015-03-19 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2015-03-18 |
Judgment on the appeal rendered, CJ Abe Ro Cro Wa Ga Côt, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-021709-118, 2013 QCCA 868, dated May 10, 2013, was heard on March 18, 2015 and the Court on that day allowed the appeal orally, with reasons to follow. Today, the Court deposits reasons allowing the appeal with costs throughout, except for the costs awarded against the appellants on the motion to extend time in this Court. Allowed, with costs |
|
| 2015-03-18 | Judgment reserved OR rendered with reasons to follow | |
| 2015-03-18 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Services immobiliers Diane Bisson inc. |
| 2015-03-18 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Société en commandite Place Mullins |
| 2015-03-18 |
Hearing of the appeal, 2015-03-18, CJ Abe Ro Cro Wa Ga Côt Judgment rendered |
|
| 2015-03-11 | Supplemental document, Authorities, Completed on: 2015-03-11 | Société en commandite Place Mullins |
| 2015-03-03 | Notice of appearance, Vlatka (Carol) Kljajo and Gabriel Di Genova will be appearing | Société en commandite Place Mullins |
| 2015-02-23 | Notice of appearance, Pierre Champagne will be present at the hearing. | Services immobiliers Diane Bisson inc. |
| 2015-02-11 | Appeal perfected for hearing | |
| 2015-02-10 | Certificate of counsel (attesting to record) | Services immobiliers Diane Bisson inc. |
| 2015-02-10 | Respondent's book of authorities, Completed on: 2015-02-10 | Services immobiliers Diane Bisson inc. |
| 2015-02-10 | Respondent's record, Completed on: 2015-02-10 | Services immobiliers Diane Bisson inc. |
| 2015-02-10 | Respondent's factum, Completed on: 2015-02-10, (Electronic version due on 2015-02-17) | Services immobiliers Diane Bisson inc. |
| 2014-12-02 | Correspondence received from, Pierre-G. Champagne by email, re: payment of $1,500 received | Services immobiliers Diane Bisson inc. |
| 2014-12-02 |
Appeal hearing scheduled, 2015-03-18 Judgment rendered |
|
| 2014-11-28 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2014-11-28 | Appellant's book of authorities, Completed on: 2014-11-28 | Société en commandite Place Mullins |
| 2014-11-28 | Certificate of counsel (attesting to record) | Société en commandite Place Mullins |
| 2014-11-28 | Appellant's record, (2 volumes), Completed on: 2014-11-28 | Société en commandite Place Mullins |
| 2014-11-28 | Appellant's factum, Completed on: 2014-11-28 | Société en commandite Place Mullins |
| 2014-11-14 | Correspondence received from, Gabriel Di Genova by fax, re: cheque of $1,500 sent to the respondent in accordance with the order of the Court dated October 29, 2014 | Société en commandite Place Mullins |
| 2014-10-29 | Order on motion to withdraw as solicitor, (by ABELLA, CROMWELL, KARAKATSANIS, WAGNER AND GASCON JJ.) | |
| 2014-10-29 | Order on motion to extend time, (by ABELLA, CROMWELL, KARAKATSANIS, WAGNER AND GASCON JJ.) | |
| 2014-10-29 | Order on motion to order that the appeal be deemed abandoned, (by ABELLA, CROMWELL, KARAKATSANIS, WAGNER AND GASCON JJ.) | |
| 2014-10-29 | Decision on motion to withdraw as solicitor, (see below - decision on motion that the appeal be deemed abandoned), Abe Cro Ka Wa Ga | |
| 2014-10-29 | Decision on motion to extend time, (see below - decision on motion that the appeal be deemed abandoned), Abe Cro Ka Wa Ga | |
| 2014-10-29 |
Decision on motion for an order that the appeal be deemed abandoned, Abe Cro Ka Wa Ga, UPON A MOTION by Jean-Paul Gagnon, counsel for the appellants, under Rule 17(4)(b) of the Rules of the Supreme Court of Canada for an order of withdrawal; AND UPON A MOTION by the respondent under Rule 65(2) of the Rules of the Supreme Court of Canada for dismissal of the appeal as abandoned; AND UPON A MOTION by the appellants under Rule 6 of the Rules of the Supreme Court of Canada for an order extending the time within which to file their factum, record and book of authorities; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 1. The motion for an order of withdrawal is granted. 2. The motion for an extension of time is granted. The appellants shall have 30 days from the date of this order to file their factum, record and book of authorities, as well as to pay the respondent $1,500 in costs. Should they fail to satisfy these two requirements within the specified time, the appeal will be deemed to be dismissed as abandoned. Granted, costs against the appellant |
|
| 2014-10-29 | Submission of motion to withdraw as solicitor, Abe Cro Ka Wa Ga | |
| 2014-10-29 | Submission of motion to extend time, Abe Cro Ka Wa Ga | |
| 2014-10-29 | Submission of motion for an order that the appeal be deemed abandonned, Abe Cro Ka Wa Ga | |
| 2014-08-25 | Reply to motion to extend time, (original received August 28, 2014), Completed on: 2014-08-25, (Electronic version filed on 2014-08-25) | Société en commandite Place Mullins |
| 2014-08-25 | Correspondence (sent by the Court) to, all parties, re: will inform you in due course of how the Court will proceed regarding the three motions | |
| 2014-08-19 | Reply to motion for an order that the appeal be deemed abandoned, (Letter Form), Completed on: 2014-08-19, (Electronic version filed on 2014-08-19) | Services immobiliers Diane Bisson inc. |
| 2014-08-19 | Motion to withdraw as solicitor, (Letter Form), (original received September 19, 2014), Completed on: 2014-08-19 | Société en commandite Place Mullins |
| 2014-08-18 | Response to motion to extend time, (Book Form), Completed on: 2014-08-18, (Printed version filed on 2014-08-21) | Services immobiliers Diane Bisson inc. |
| 2014-08-15 | Supplemental document, (Letter Form), Book of authorities of the appellants in support of the Reponse of the motion, Completed on: 2014-08-15 | Société en commandite Place Mullins |
| 2014-08-15 | Response to motion for an order that the appeal be deemed abandoned, (Letter Form), Completed on: 2014-08-15, (Electronic version filed on 2014-08-15) | Société en commandite Place Mullins |
| 2014-08-07 | Motion to extend time, (Letter Form), to serve and file the appellants' materials , Completed on: 2014-08-11, (Electronic version filed on 2014-08-11) | Société en commandite Place Mullins |
| 2014-08-05 | Motion for an order that the appeal be deemed abandoned, (Letter Form), Completed on: 2014-08-07, (Electronic version filed on 2014-08-06) | Services immobiliers Diane Bisson inc. |
| 2014-08-01 | Correspondence received from, (Letter Form), Appellants, re.: change of representation. The new counsel is Mr. Gabriel Di Genova. | Société en commandite Place Mullins |
| 2014-07-31 | Correspondence received from, Gabriel Di Genova by email, re: will be filing a Notice of change of counsel on August 1st, 2014 and will be filing a motion for extension of time next week | Société en commandite Place Mullins |
| 2014-07-09 | Correspondence received from, Me Jean-Paul Gagnon by fax, re: withdrawing from the appeal | Société en commandite Place Mullins |
| 2014-05-06 | Order on motion to extend time, (by the REGISTRAR) | |
| 2014-05-06 |
Decision on motion to extend time, Reg, UPON APPLICATION by the appellants under Rule 6 of the Rules of the Supreme Court of Canada for an order extending the time within which the appellants may serve and file their factum, record and book of authorities; AND WHEREAS the respondent has not filed a response to the motion; IT IS HEREBY ORDERED THAT: The motion is granted. The appellants shall serve and file their factum, record and book of authorities on or before June 9, 2014 Granted |
|
| 2014-05-06 | Submission of motion to extend time, Reg | |
| 2014-04-22 | Motion to extend time, (Book Form), file the appelant's factum, record and authorities, Completed on: 2014-04-22, (Printed version filed on 2014-04-23) | Société en commandite Place Mullins |
| 2014-01-16 | Notice of appeal, Completed on: 2014-01-16 | Société en commandite Place Mullins |
| 2013-12-23 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2013-12-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-12-20 | Judgment on leave sent to the parties | |
| 2013-12-19 |
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 500-09-021709-118, 2013 QCCA 868, dated May 10, 2013, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2013-09-30 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2013-08-30 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-08-30 | Services immobiliers Diane Bisson inc. |
| 2013-08-06 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-08-06 | Application for leave to appeal, Completed on: 2013-08-06 | Société en commandite Place Mullins |
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 |
|---|---|---|
| Société en commandite Place Mullins | Appellant | Active |
| 139612 Canada inc. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Services immobiliers Diane Bisson inc. | Respondent | Active |
Counsel
Party: Société en commandite Place Mullins
Counsel
Vlatka (Carol) Kljajo
1010 Sherbrooke ouest, bureau 2200
Montréal, Quebec
H3A 2R7
Telephone: (514) 284-2322
FAX: (514) 284-3483
Email: gdigenova@mitchellgattuso.com
Agent
73 rue de l'Hôtel-de-Ville
Gatineau, Quebec
J8X 2E4
Telephone: (819) 777-6677
FAX: (819) 777-6678
Email: nicolas@stcyravocat.com
Party: 139612 Canada inc.
Counsel
1010 Sherbrooke ouest, bureau 2200
Montréal, Quebec
H3A 2R7
Telephone: (514) 284-2322
FAX: (514) 284-3483
Email: gdigenova@mitchellgattuso.com
Agent
73 rue de l'Hôtel-de-Ville
Gatineau, Quebec
J8X 2E4
Telephone: (819) 777-6677
FAX: (819) 777-6678
Email: nicolas@stcyravocat.com
Party: Services immobiliers Diane Bisson inc.
Counsel
2000 McGill College Avenue
Suite 1600
Montreal, Quebec
H3A 3H3
Telephone: (514) 287-9535 Ext: 203
FAX: (514) 499-0469
Agent
111 rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: s.labbe@noelassocies.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.
Sale - Conditional promises to purchase - Real estate brokers and agents - Remuneration - Whether promise to purchase followed by signing of act of sale - Whether Place Mullins voluntarily prevented free performance of contract of sale - Whether broker entitled to commission - If so, risks and consequences for public.
The appellant Place Mullins signed an exclusive brokerage contract with the respondent broker under which the latter was given a mandate to sell an immovable in Montréal. The brokerage contract provided, inter alia, that the broker would be entitled to a commission if [TRANSLATION] “an agreement to sell the immovable is concluded during the term of the contract”. The broker obtained a promise to purchase that was conditional on the inspection being satisfactory to the promisor-purchaser, and that offer was accepted by Place Mullins. Following the inspection, which revealed that the property was contaminated by oil, the promisor-purchaser sent Place Mullins a letter reiterating his intention to purchase the immovable on the terms and conditions of the initial promise to purchase, on condition that Place Mullins have the property decontaminated. Place Mullins refused, the sale never took place and Place Mullins therefore refused to pay the broker a commission. As a result, the broker filed a motion to institute proceedings for the recovery of money against Place Mullins. The Superior Court dismissed the action. A majority of the Court of Appeal reversed that decision.
Lower court rulings
Superior Court of Quebec
2011 QCCS 1930, 500-17-044643-081
see file
Court of Appeal of Quebec (Montréal)
2013 QCCA 868, 500-09-021709-118
see file
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
Not available
Related links
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
Not available