Case information
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36373
Karine Lizotte, in her capacity as assistant syndic of the Chambre de l'assurance de dommages v. Aviva Insurance Company of Canada, 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) |
|---|---|---|
| 2016-12-08 | Appeal closed | |
| 2016-11-28 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2016-11-28 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2016-11-25 |
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 500-09-024173-148, 2015 QCCA 152, dated January 27, 2015, heard on March 24, 2016, is dismissed with costs to Aviva Insurance Company of Canada. Dismissed, with costs |
|
| 2016-04-13 | Transcript received, 114 pages. | |
| 2016-03-24 | Judgment reserved OR rendered with reasons to follow | |
| 2016-03-24 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies). | Barreau du Québec |
| 2016-03-24 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies). | Aviva Insurance Company of Canada |
| 2016-03-24 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies). | Karine Lizotte, in her capacity as assistant syndic of the Chambre de l'assurance de dommages |
| 2016-03-24 |
Hearing of the appeal, 2016-03-24, CJ Abe Cro Mo Ka Wa Ga Côt Br Judgment reserved |
|
| 2016-03-18 |
Order by, Côt, FURTHER TO THE ORDERS dated February 25, 2016 and March 8, 2016, granting leave to intervene to the Advocates’ Society, the Canadian Bar Association and the Barreau du Québec; IT IS HEREBY 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 |
|
| 2016-03-17 | Intervener's book of authorities, (Book Form), Completed on: 2016-03-17, (Electronic version filed on 2016-03-17) | Advocates' Society |
| 2016-03-17 | Intervener's factum, (Book Form), Completed on: 2016-03-17, (Electronic version filed on 2016-03-17) | Advocates' Society |
| 2016-03-17 | Intervener's book of authorities, (Book Form), Completed on: 2016-03-17, (Electronic version filed on 2016-03-17) | Barreau du Québec |
| 2016-03-17 | Intervener's factum, (Book Form), Proof of service missing. Received 2016-03-21., Completed on: 2016-03-17, (Electronic version filed on 2016-03-17) | Barreau du Québec |
| 2016-03-16 | Notice of appearance, Claude G. Leduc and Olivier Charbonneau-Saulnier will be present at the hearing for the Appellant. Mr. Leduc and Mr. Charbonneau-Saulnier will make the oral presentations. | Karine Lizotte, in her capacity as assistant syndic of the Chambre de l'assurance de dommages |
| 2016-03-16 | Notice of appearance, François LeBel, Jean-Benoît Pouliot and Sylvie Champagne will be at the hearing for the Intervener, Barreau du Québec. Mr. LeBel will present the oral arguments. | Barreau du Québec |
| 2016-03-16 | Appeal perfected for hearing | |
| 2016-03-15 | Intervener's book of authorities, (Book Form), Completed on: 2016-03-15, (Electronic version filed on 2016-03-16) | Canadian Bar Association |
| 2016-03-15 | Intervener's factum, (Book Form), Completed on: 2016-03-15, (Electronic version filed on 2016-03-16) | Canadian Bar Association |
| 2016-03-15 | Notice of appearance, Doug C. Mitchell and Audrey Boctor will be at the hearing for the Intervener, Advocates' Society. Mr. Mitchell will present the oral arguments. | Advocates' Society |
| 2016-03-15 | Notice of appearance, Mahmud Jamal, Alexandre Fallon and W. David Rankin will be at the hearing for the Intervener, Canadian Bar Association. Mr. Jamal will present the oral arguments. | Canadian Bar Association |
| 2016-03-10 | Respondent's book of authorities, (Book Form), (4 volumes), Completed on: 2016-03-10, (Electronic version filed on 2016-03-15) | Aviva Insurance Company of Canada |
| 2016-03-10 | Respondent's factum, (Book Form), Completed on: 2016-03-10, (Electronic version filed on 2016-03-15) | Aviva Insurance Company of Canada |
| 2016-03-09 | Notice of appearance, Éric Azran, Patrick Girard and Patrick Desalliers will be at the hearing for the Respondents. Mr. Azran and Mr. Girard will make the oral arguments. | Aviva Insurance Company of Canada |
| 2016-03-08 | Order on motion to extend time, by Justice Cromwell | |
| 2016-03-08 |
Decision on motion to extend time, Cro Granted |
|
| 2016-03-08 | Submission of motion to extend time, Cro | |
| 2016-03-08 | Order on motion for leave to intervene, by Justice Cromwell | |
| 2016-03-08 |
Decision on the motion for leave to intervene, Cro, UPON APPLICATION by the Barreau du Québec for an extension of time to serve and file a motion for leave to intervene and for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for an extension of time to apply for leave to intervene and for leave to intervene are granted and the said intervener shall be entitled to serve and file a factum not exceeding ten (10) pages in length on or before March 17, 2016. 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. To the extent that their interests are similar, the intervener shall consult the other interveners to avoid repetition. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by its intervention. Granted |
|
| 2016-03-08 | Submission of motion for leave to intervene, Cro | |
| 2016-03-07 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-03-07 | Aviva Insurance Company of Canada |
| 2016-03-07 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-03-07 | Karine Lizotte, in her capacity as assistant syndic of the Chambre de l'assurance de dommages |
| 2016-03-04 | Motion to extend time, (Book Form), (Included in the motion for leave to intervene), to serve and file the motion to ext. time, Completed on: 2016-03-04 | Barreau du Québec |
| 2016-03-04 | Motion for leave to intervene, (Book Form), service to come - rec'd March 7, 2016, Completed on: 2016-03-07, (Electronic version filed on 2016-03-07) | Barreau du Québec |
| 2016-02-25 | Order on motion for leave to intervene, (by JUSTICE CROMWELL) | |
| 2016-02-25 |
Decision on the motion for leave to intervene, Cro, UPON APPLICATIONS by the Advocates’ Society and the Canadian Bar Association 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 are granted and the said two (2) interveners shall each be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before March 17, 2016. 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. To the extent that their interests are similar, interveners shall consult to avoid repetition. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by their intervention. Granted |
|
| 2016-02-25 | Submission of motion for leave to intervene, Cro | |
| 2016-02-18 | Response to the motion for leave to intervene, (Letter Form), of the Advocats' Society, Completed on: 2016-02-18, (Electronic version filed on 2016-02-18) | Karine Lizotte, in her capacity as assistant syndic of the Chambre de l'assurance de dommages |
| 2016-02-18 | Response to the motion for leave to intervene, (Letter Form), of the Canadien Bar Association, Completed on: 2016-02-18, (Electronic version filed on 2016-02-18) | Karine Lizotte, in her capacity as assistant syndic of the Chambre de l'assurance de dommages |
| 2016-02-17 | Motion for leave to intervene, (Book Form), fees requested - rec'd Feb.22/2016, Completed on: 2016-02-22, (Electronic version filed on 2016-02-17) | Advocates' Society |
| 2016-02-12 | Correspondence received, Barreau du Québec advising the Court that they may wish to file a leave to intervene with an extension of time after 2012-02-18 | |
| 2016-02-10 | Motion for leave to intervene, (Book Form), Completed on: 2016-02-10, (Electronic version filed on 2016-02-10) | Canadian Bar Association |
| 2016-01-20 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-01-20) | Karine Lizotte, in her capacity as assistant syndic of the Chambre de l'assurance de dommages |
| 2016-01-20 | Appellant's book of authorities, (Book Form), (5 volumes), Completed on: 2016-01-26, (Electronic version filed on 2016-01-20) | Karine Lizotte, in her capacity as assistant syndic of the Chambre de l'assurance de dommages |
| 2016-01-20 | Appellant's record, (Book Form), Completed on: 2016-01-20, (Electronic version filed on 2016-01-20) | Karine Lizotte, in her capacity as assistant syndic of the Chambre de l'assurance de dommages |
| 2016-01-20 | Appellant's factum, (Book Form), Completed on: 2016-01-20, (Electronic version filed on 2016-01-20) | Karine Lizotte, in her capacity as assistant syndic of the Chambre de l'assurance de dommages |
| 2016-01-18 | Correspondence received from, (Letter Form), Noel & Assiociés will be acting as agent | Aviva Insurance Company of Canada |
| 2015-11-27 | Notice of hearing sent to parties | |
| 2015-11-26 |
Appeal hearing scheduled, 2016-03-24 Judgment reserved |
|
| 2015-10-27 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2015-10-13 | Notice of appeal, Completed on: 2015-10-13 | Karine Lizotte, in her capacity as assistant syndic of the Chambre de l'assurance de dommages |
| 2015-09-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-09-11 | Judgment on leave sent to the parties | |
| 2015-09-10 |
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 500-09-024173-148, 2015 QCCA 152, dated January 27, 2015, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2015-07-27 | All materials on application for leave submitted to the Judges, CJ Ka Wa | |
| 2015-05-08 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-05-14, (Electronic version filed on 2015-05-08) | Karine Lizotte, in her capacity as assistant syndic of the Chambre de l'assurance de dommages |
| 2015-05-01 | Notice of name, (Letter Form), (Electronic version filed on 2015-05-01) | Aviva Insurance Company of Canada |
| 2015-05-01 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-05-01) | Aviva Insurance Company of Canada |
| 2015-05-01 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-05-11, (Electronic version filed on 2015-05-01) | Aviva Insurance Company of Canada |
| 2015-04-01 | Letter acknowledging receipt of a complete application for leave to appeal, (File open) | |
| 2015-03-30 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-04-01) | Karine Lizotte, in her capacity as assistant syndic of the Chambre de l'assurance de dommages |
| 2015-03-30 | Application for leave to appeal, (Book Form), Vol. 1 and 2, Completed on: 2015-03-30, (Electronic version filed on 2015-04-01) | Karine Lizotte, in her capacity as assistant syndic of the Chambre de l'assurance de dommages |
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 |
|---|---|---|
| Karine Lizotte, in her capacity as assistant syndic of the Chambre de l'assurance de dommages | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Aviva Insurance Company of Canada | Respondent | Active |
| Traders General Insurance Company | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Bar Association | Intervener | Active |
| Advocates' Society | Intervener | Active |
| Barreau du Québec | Intervener | Active |
Counsel
Party: Karine Lizotte, in her capacity as assistant syndic of the Chambre de l'assurance de dommages
Counsel
Olivier Charbonneau-Saulnier
164, rue Notre-Dame Est
Montréal, Quebec
H2Y 1C2
Telephone: (514) 954-2000
FAX: (514) 954-2035
Email: cleduc@mercierleduc.com
Agent
867, boulevard Saint-René Ouest, suite 8
Gatineau, Quebec
J8T 7X6
Telephone: (819) 243-2616
FAX: (819) 243-2641
Email: flanglois@deveau.qc.ca
Party: Aviva Insurance Company of Canada
Counsel
Patrick Girard
1155, boul. René-Lévesque Ouest
41 étage
Montréal, Quebec
H3B 3V2
Telephone: (514) 397-3169
FAX: (514) 397-3222
Email: eazran@stikeman.com
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Traders General Insurance Company
Counsel
Patrick Girard
1155, boul. René-Lévesque Ouest
41 étage
Montréal, Quebec
H3B 3V2
Telephone: (514) 397-3169
FAX: (514) 397-3222
Email: eazran@stikeman.com
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Canadian Bar Association
Counsel
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
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Advocates' Society
Counsel
2, Place Alexis Nihon
3500, boul. De Maisonneuve Ouest, Bureau 1400
Montréal, Quebec
H3Z 3C1
Telephone: (514) 935-4460
FAX: (514) 935-2999
Email: dmitchell@imk.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com
Party: Barreau du Québec
Counsel
Jean-Benoît Pouliot
Complexe Jules-Dallaire, T3
2820, boul. Laurier, 13e étage
Québec, Quebec
G1V 0C1
Telephone: (418) 650-7022
FAX: (418) 650-7075
Email: francois.lebel@langlois.ca
Agent
111 rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: s.labbe@noelassocies.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.
Legislation - Immunities and privileges - Litigation privilege - Insurance - Request for production of information and documents in course of inquiry into claims adjuster’s conduct - Statutory interpretation - Whether litigation privilege must be applied so as not to prevent Syndic from exercising her right, under section 337 of Act respecting the distribution of financial products and services, to obtain from insurer-respondents “any required document or information concerning the activities of a representative” - Act respecting the distribution of financial products and services, CQLR, c. D-9.2, s. 337.
The Act respecting the distribution of financial products and services, CQLR, c. D-9.2 (the “ADFPS”) confers powers of inquiry on the syndic of the Chambre de l’assurance de dommages (“the Syndic”) with respect to the activities of “representatives”, which include in particular insurance representatives and claims adjusters.
In the course of an ethics inquiry by the Syndic against a claims adjuster of the respondent insurance company (“Aviva”), the Syndic requested documents concerning the claims adjuster from Aviva under section 337 of the Act respecting the distribution of financial products and services. In its response, Aviva withheld certain documents from the documentation it forwarded on the basis of litigation privilege and lawyer client privilege. An insured had brought legal proceedings against Aviva, and that case involved the same claims adjuster.
The Syndic applied to the Superior Court for a declaratory judgment on the issue of whether Aviva could refuse to produce the documents covered by those privileges that she had requested for the purposes of her inquiry.
After the motion had been filed, Aviva and the insured entered into an out-of-court settlement. Aviva produced, without prejudice, the entire file regarding the claim of the insured, including the documents it had originally refused to provide.
Lower court rulings
Superior Court of Quebec
500-17-072446-126
Judgment rendered on motion for declaratory judgment: professional secrecy and litigation privilege could be raised against syndic of Chambre de l’assurance de dommages
Court of Appeal of Quebec (Montréal)
2015 QCCA 152, 500-09-024173-148
Appeal allowed in part; wording of conclusion changed; professional secrecy and litigation privilege could still be raised against syndic of Chambre de l’assurance de dommages
Memorandums of argument on application for leave to appeal
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Downloadable PDFs
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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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