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.
36718
Uniprix inc. v. Gestion Gosselin et Bérubé 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) |
|---|---|---|
| 2018-06-13 | Appeal closed | |
| 2018-04-19 | Correspondence (sent by the Court) to, all parties, Re: certificate of taxation | |
| 2018-04-19 | Certificate of taxation issued to, André Joli-Coeur | |
| 2018-04-19 | Decision on the bill of costs, in the amount of $13,117.28, Reg | |
| 2018-04-19 | Submission of the bill of costs, Reg | |
| 2017-10-05 | Bill of costs, (Letter Form), Completed on: 2017-10-05 | Gestion Gosselin et Bérubé inc. |
| 2017-07-31 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2017-07-31 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2017-07-28 |
Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-024138-133, 2015 QCCA 1427, dated September 11, 2015, heard on January 12, 2017, is dismissed with costs. McLachlin C.J., Côté and Rowe JJ. dissent. Dismissed, with costs |
|
| 2017-01-30 | Transcript received, 96 pages | |
| 2017-01-12 | Judgment reserved OR rendered with reasons to follow | |
| 2017-01-12 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Uniprix inc. |
| 2017-01-12 |
Hearing of the appeal, 2017-01-12, CJ Abe Mo Ka Wa Ga Côt Br Row Judgment reserved |
|
| 2017-01-06 | Notice of appearance, Hubert Sibre, Julien Archambault and Jean-Yves Fortin will be present at the hearing. | Uniprix inc. |
| 2017-01-06 | Respondent's book of authorities, (Book Form), Additionnal book of authorities. DISTRIBUTED ON 2017-01-06., Completed on: 2017-01-06, (Electronic version filed on 2017-01-06) | Gestion Gosselin et Bérubé inc. |
| 2017-01-05 | Notice of appearance, André Joli-Coeur and Nathalie Vaillant will be present at the hearing. | Gestion Gosselin et Bérubé inc. |
| 2017-01-04 | Correspondence received from, Julien Archambault dated 2017-01-04 (e-mail). Re: Change of law firm | Uniprix inc. |
| 2016-11-21 | Notice of hearing sent to parties | |
| 2016-11-16 |
Appeal hearing scheduled, 2017-01-12 Judgment reserved |
|
| 2016-10-21 | Appeal perfected for hearing | |
| 2016-10-17 | Certificate (on limitations to public access) | Gestion Gosselin et Bérubé inc. |
| 2016-10-17 | Respondent's book of authorities, (Book Form), (2 volumes), Completed on: 2016-10-17 | Gestion Gosselin et Bérubé inc. |
| 2016-10-17 | Respondent's factum, (Book Form), Completed on: 2016-10-17 | Gestion Gosselin et Bérubé inc. |
| 2016-08-25 | Correspondence received from, (Letter Form), Julien Archambault dated 2016-08-23. Re: Justin Dubois from Power Law will be acting as agent | Uniprix inc. |
| 2016-08-24 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-08-24) | Uniprix inc. |
| 2016-08-24 | Appellant's book of authorities, (Book Form), (3 volumes), Completed on: 2016-08-24, (Electronic version filed on 2016-08-24) | Uniprix inc. |
| 2016-08-24 | Appellant's record, (Book Form), (7 volumes), Corrected version of volume 6 and 7 received 2016-10-04, Completed on: 2016-08-24, (Electronic version filed on 2016-08-24) | Uniprix inc. |
| 2016-08-24 | Appellant's factum, (Book Form), Completed on: 2016-08-24, (Electronic version filed on 2016-08-24) | Uniprix inc. |
| 2016-06-10 | Correspondence received from, Respondents, re: Me Sylvie Labbé will be the agent for the Respondents. | Gestion Gosselin et Bérubé inc. |
| 2016-06-02 | Notice of appeal, Completed on: 2016-06-02 | Uniprix inc. |
| 2016-05-09 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2016-05-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-05-06 | Judgment on leave sent to the parties | |
| 2016-05-05 |
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 500-09-024138-133, 2015 QCCA 1427, dated September 11, 2015, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2016-02-29 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2015-12-04 | Notice of name, (Letter Form), (Electronic version filed on 2015-12-04) | Manon Gosselin et Bernard Bérubé, pharmaciens, S.E.N.C. |
| 2015-12-04 | Notice of name, (Letter Form), (Electronic version filed on 2015-12-04) | Gestion Gosselin et Bérubé inc. |
| 2015-12-04 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-12-04) | Gestion Gosselin et Bérubé inc. |
| 2015-12-04 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2015-12-04, (Electronic version filed on 2015-12-04) | Gestion Gosselin et Bérubé inc. |
| 2015-12-03 | Correspondence received from, (Letter Form), Richard Gaudreault rec'd by email re: will be acting as agent | Gestion Gosselin et Bérubé inc. |
| 2015-11-12 | Letter acknowledging receipt of a complete application for leave to appeal, (File open) | |
| 2015-11-09 | Notice of name, (Letter Form), (Electronic version filed on 2015-11-09) | Uniprix inc. |
| 2015-11-09 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-11-09) | Uniprix inc. |
| 2015-11-09 | Application for leave to appeal, (Book Form), Completed on: 2015-11-09, (Electronic version filed on 2015-11-09) | Uniprix 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 |
|---|---|---|
| Uniprix inc. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Gestion Gosselin et Bérubé inc. | Respondent | Active |
| Manon Gosselin et Bernard Bérubé, pharmaciens, S.E.N.C. | Respondent | Active |
Counsel
Party: Uniprix inc.
Counsel
Julien Archambault
Jean-Yves Fortin
1501, ave. McGill College
Bureau 1400
Montréal, Quebec
H3A 3M8
Telephone: (514) 392-8447
FAX: (514) 392-8394
Email: hubert.sibre@dlapiper.com
Agent
130, rue Albert
Bureau 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5560
FAX: (613) 702-5560
Email: jdubois@juristespower.ca
Party: Gestion Gosselin et Bérubé inc.
Counsel
Nathalie Vaillant
Bénédicte Dupuis
1134, Grande Allée, bureau 600
Québec, Quebec
G1S 1E5
Telephone: (418) 681-7007
FAX: (418) 681-7100
Email: andre.joli-coeur@jolicoeurlacasse.com
Agent
111 rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: s.labbe@noelassocies.com
Party: Manon Gosselin et Bernard Bérubé, pharmaciens, S.E.N.C.
Counsel
Nathalie Vaillant
Bénédicte Dupuis
1134, Grande Allée, bureau 600
Québec, Quebec
G1S 1E5
Telephone: (418) 681-7007
FAX: (418) 681-7100
Email: andre.joli-coeur@jolicoeurlacasse.com
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.
Contract – Contract of affiliation – Renewal clause providing that only one party could terminate contract and that otherwise contract would be renewed automatically – Tests for determining whether contract validly made in perpetuity – Whether Court of Appeal erred in creating perpetual obligation with fixed term – Whether Court of Appeal erred in determining nature and term of contract of affiliation – Whether Court of Appeal erred in refusing to exercise powers granted to it by art. 1512 C.C.Q. – Whether Court of Appeal made reviewable error in interpreting evidence and facts.
The parties had been bound by a contract of affiliation since 1998. A clause in the contract provided that the contract would be renewed automatically every five years unless the respondents gave notice to the contrary. Six months before the contract term expired, the applicant sent a notice of non-renewal. The respondents, the beneficiaries of the renewal clause in the contract, refused to allow the applicant to terminate the contract in that way and brought a motion before the courts for a declaratory judgment and permanent injunction.
Lower court rulings
Superior Court of Quebec
2013 QCCS 6251, 500-17-074984-124
Motion for declaratory judgment and permanent injunction allowed in part
Court of Appeal of Quebec (Montréal)
2015 QCCA 1427, 500-09-024138-133
Appeal dismissed
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.
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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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