Case information
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36124
Johnny Mennillo v. Intramodal 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) |
|---|---|---|
| 2016-11-24 | Appeal closed | |
| 2016-11-21 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2016-11-21 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2016-11-18 |
Judgment on the appeal rendered, CJ Abe Cro Mo Ka Wa Ga Côt Br, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-022699-128, 2014 QCCA 1515, dated August 14, 2014, heard on December 8, 2015, is dismissed with costs and the costs orders made by the Superior Court and the Court of Appeal are affirmed. Côté J. is dissenting. Dismissed, with costs |
|
| 2015-12-22 | Transcript received, 90 pages. | |
| 2015-12-08 | Judgment reserved OR rendered with reasons to follow | |
| 2015-12-08 |
Hearing of the appeal, 2015-12-08, CJ Abe Cro Mo Ka Wa Ga Côt Br Judgment reserved |
|
| 2015-12-08 | Respondent's condensed book, (Book Form), Received in Court (14 copies). | Intramodal Inc. |
| 2015-12-08 | Appellant's condensed book, (Book Form), Received in Court (14 copies). | Johnny Mennillo |
| 2015-11-26 | Notice of appearance, Claude Marseille, Paul Martel and Caroline Dion will attempt the hearing. Mr. Marseille and Mr. Martel will presents the oral arguments. | Johnny Mennillo |
| 2015-11-25 | Notice of appearance, Hubert Camirand and Marie-Geneviève Masson will be at the hearing. Mr. Camirand will present the oral arguments. | Intramodal Inc. |
| 2015-10-27 | Appeal perfected for hearing | |
| 2015-10-16 | Respondent's book of authorities, Completed on: 2015-10-16 | Intramodal Inc. |
| 2015-10-16 | Respondent's factum, Completed on: 2015-10-16 | Intramodal Inc. |
| 2015-09-16 | Notice of hearing sent to parties | |
| 2015-08-24 |
Appeal hearing scheduled, 2015-12-08 Judgment reserved |
|
| 2015-08-21 | Certificate of counsel (attesting to record) | Johnny Mennillo |
| 2015-08-21 | Appellant's book of authorities, (2 volumes), Completed on: 2015-08-21 | Johnny Mennillo |
| 2015-08-21 | Appellant's record, (9 volumes), Completed on: 2015-08-21 | Johnny Mennillo |
| 2015-08-21 | Appellant's factum, Completed on: 2015-08-21 | Johnny Mennillo |
| 2015-06-18 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2015-05-29 | Notice of appeal, Completed on: 2015-05-29 | Johnny Mennillo |
| 2015-05-01 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-05-01 | Judgment on leave sent to the parties | |
| 2015-04-30 |
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 500-09-022699-128, 2014 QCCA 1515, dated August 14, 2014, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2015-02-23 | All materials on application for leave submitted to the Judges, Abe Ka Côt | |
| 2014-11-07 | Notice of name | Intramodal Inc. |
| 2014-11-07 | Certificate (on limitations to public access) | Intramodal Inc. |
| 2014-11-07 | Respondent's response on the application for leave to appeal, Completed on: 2014-11-07, (Electronic version filed on 2014-11-07) | Intramodal Inc. |
| 2014-10-15 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2014-10-10 | Certificate (on limitations to public access) | Johnny Mennillo |
| 2014-10-10 | Application for leave to appeal, (2 volumes) service missing (rec'd October 14, 2014), Completed on: 2014-10-10, (Electronic version filed on 2014-10-20) | Johnny Mennillo |
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 |
|---|---|---|
| Mennillo, Johnny | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Intramodal Inc. | Respondent | Active |
Counsel
Party: Mennillo, Johnny
Counsel
Paul M. Martel
Caroline Dion
600 boulevard de Maisonneuve Ouest
Bureau 2200
Montréal, Quebec
H3A 3J2
Telephone: (514) 982-5089
FAX: (514) 982-4099
Email: claude.marseille@blakes.com
Agent
1750 - 340 Albert Street
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2218
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Party: Intramodal Inc.
Counsel
Marie-Geneviève Masson
1002, rue Sherbrooke Ouest
28e étage
Montréal, Quebec
H3A 3L6
Telephone: (514) 842-9512
FAX: (514) 845-6573
Email: hubert.camirand@lkd.ca
Agent
867, boulevard Saint-René Ouest
Suite 8
Gatineau, Quebec
J8T 7X6
Telephone: (819) 243-2616 Ext: 7224
FAX: (819) 243-2641
Email: flanglois@deveau.qc.ca
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.
Commercial law - Corporations - Action in oppression - Credibility of testimony and assessment of evidence - Whether share issue may be cancelled retroactively upon verbal consent of shareholders.
In July 2004, Mario Rosati incorporated the respondent Intramodal Inc. (“Intramodal”) under the Canada Business Corporations Act (“CBCA”) after discussions with the appellant, his friend Johnny Mennillo. The two men agreed that the appellant would finance the company and Mr. Rosati would contribute his expertise. In the company’s books, there is a resolution appointing both men as directors. In addition, the common shares were shared in a proportion of 51/49 in favour of Mr. Rosati.
On May 25, 2005, the appellant resigned from his position as director and officer of Intramodal. The reasons given for his resignation are contradictory. The parties also have different interpretations of the scope of the resignation. Intermodal began operations in December 2009, and the appellant continued to advance money to keep the company running smoothly. By the time this venture ended, he had advanced a total of $440,000. This amount was paid back to him from July 2006 to December 2009. According to the appellant, when the last payment was made, he learned that he was no longer a shareholder in Intramodal. Believing that Intramodal and Mr. Rosati had unduly and illegitimately deprived him of his status, he filed an action in oppression against Intramodal.
The Superior Court dismissed the action. Poirier J. found that the appellant held 49 common shares on condition that he guarantee all of Intramodal’s debts. He refused to do so and asked to withdraw from the company as shareholder and director, effective May 25, 2005, while agreeing to be no more than a lender to his friend Mr. Rosati. A majority of the Court of Appeal dismissed the appeal. The dissenting judge was of the opinion that the appellant was still a shareholder in the company.
Lower court rulings
Superior Court of Quebec
2012 QCCS 1640, 500-11-039600-107
Action in oppression dismissed
Court of Appeal of Quebec (Montréal)
2014 QCCA 1515, 500-09-022699-128
Appeal dismissed
Memorandums of argument on application for leave to appeal
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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.
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