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.
36915
Pellerin Savitz LLP v. Serge Guindon
(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) |
|---|---|---|
| 2017-06-23 | Appeal closed | |
| 2017-06-12 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2017-06-12 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2017-06-09 |
Judgment on the appeal rendered, CJ Ka Wa Ga Côt Br Row, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-025424-151, 2016 QCCA 138, dated January 26, 2016, heard on February 22, 2017, is dismissed with costs. Dismissed, with costs |
|
| 2017-03-07 | Transcript received, 98 pages | |
| 2017-02-22 | Judgment reserved OR rendered with reasons to follow | |
| 2017-02-22 | Appellant's condensed book, (Book Form), 14 Copies (Submitted in Court) | Pellerin Savitz LLP |
| 2017-02-22 |
Hearing of the appeal, 2017-02-22, CJ Ka Wa Ga Côt Br Row Judgment reserved |
|
| 2017-02-17 | Notice of appearance, Damien Pellerin will be present at the hearing and will present oral arguments. | Pellerin Savitz LLP |
| 2017-02-15 | Correspondence received from, (Letter Form), the appellant, contact information for counsel for the appellant has changed. | Pellerin Savitz LLP |
| 2017-02-14 | Notice of appearance, Jean Yves Côté will be present at the hearing and will present oral arguments. | Serge Guindon |
| 2017-01-11 | Appeal perfected for hearing | |
| 2017-01-04 | Order on motion to extend time, by Justice Brown | |
| 2017-01-04 |
Decision on motion to extend time, Br, UPON APPLICATION by the respondent for an order extending the time within which to serve and file his factum and book of authorities to December 14, 2016, and for an order under Rule 71(3) permitting him to present oral argument at the hearing of the appeal; AND THE MATERIAL FILED having been read; AND IT BEING NOTED THAT the appellant has given its consent; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2017-01-04 | Submission of motion to extend time, Br | |
| 2016-12-14 | Motion to extend time, (Book Form), to serve and file the respondend factum and to present oral arguments (amended version filed on 2016-12-16)., Completed on: 2016-12-14, (Electronic version filed on 2016-12-14) | Serge Guindon |
| 2016-12-14 | Respondent's book of authorities, (Book Form), Electronic version missing (received 2016-12-19), Completed on: 2016-12-19, (Electronic version filed on 2016-12-19) | Serge Guindon |
| 2016-12-14 | Respondent's factum, (Book Form), Electronic version missing (Received 2016-12-19), Completed on: 2016-12-19, (Electronic version filed on 2016-12-19) | Serge Guindon |
| 2016-11-23 | Notice of hearing sent to parties | |
| 2016-11-21 | Correspondence received from, Counsel for the Respondent, re: email dated Nov. 21, 2016, the respondent now has an agent and the appeal documents will be filed in two (2) weeks. | Serge Guindon |
| 2016-11-16 |
Appeal hearing scheduled, 2017-02-22 Judgment reserved |
|
| 2016-09-20 | Certificate of counsel (attesting to record), (Book Form), (Electronic version filed on 2016-09-20) | Pellerin Savitz LLP |
| 2016-09-20 | Appellant's book of authorities, (Book Form), Completed on: 2016-09-20, (Electronic version filed on 2016-09-20) | Pellerin Savitz LLP |
| 2016-09-20 | Appellant's record, (Book Form), Completed on: 2016-09-20, (Electronic version filed on 2016-09-20) | Pellerin Savitz LLP |
| 2016-09-20 | Appellant's factum, (Book Form), Completed on: 2016-09-20, (Electronic version filed on 2016-09-20) | Pellerin Savitz LLP |
| 2016-08-05 | Correspondence received from, Damien Pellerin, Re: new agent on file | Pellerin Savitz LLP |
| 2016-07-13 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2016-06-30 | Notice of appeal, Completed on: 2016-06-30 | Pellerin Savitz LLP |
| 2016-06-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-06-10 | Judgment on leave sent to the parties | |
| 2016-06-09 |
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 500-09-025424-151, 2016 QCCA 138, dated January 26, 2016, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2016-05-02 | All materials on application for leave submitted to the Judges, Cro Wa Côt | |
| 2016-04-14 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2016-04-14 | Pellerin Savitz LLP |
| 2016-04-04 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2016-04-04, (Electronic version filed on 2016-04-07) | Serge Guindon |
| 2016-03-31 | Letter acknowledging receipt of an incomplete application for leave to appeal, File opened on 2016-03-31 | |
| 2016-03-29 | Notice of name, (Letter Form), (Electronic version filed on 2016-03-29) | Pellerin Savitz LLP |
| 2016-03-29 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-03-29) | Pellerin Savitz LLP |
| 2016-03-29 | Application for leave to appeal, New covers rec'd on 2016-04-18, Completed on: 2016-04-18, (Electronic version filed on 2016-03-29) | Pellerin Savitz LLP |
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 |
|---|---|---|
| Pellerin Savitz LLP | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Guindon, Serge | Respondent | Active |
Counsel
Party: Pellerin Savitz LLP
Counsel
45 Place Charles-Le Moyne
Suite 105
Longueuil, Quebec
J4K 5G5
Telephone: (450) 616-8582
FAX: (450) 616-8584
Email: damien.pellerin@pellerinavocats.com
Agent
394, boulevard Maloney Ouest
Suite 100
Gatineau, Quebec
J8P 7Z5
Telephone: (819) 770-3888 Ext: 1
FAX: (819) 770-3886
Email: brobinson@brlex.com
Party: Guindon, Serge
Counsel
7096 rue des Écores
Montréal, Quebec
H2E 2V8
Telephone: (450) 922-1271
FAX: (450) 649-7619
Email: jyc@illico.ca
Agent
260 Dalhousie Street
Suite 400
Ottawa, Ontario
K1N 7E4
Telephone: (613) 552-6432
FAX: (613) 241-2599
Email: albertos@vdg.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.
Prescription – Action on personal right – Date when right of action arises – Claim for lawyer’s unpaid professional fees – Whether date when right of action arises, in context of claim for lawyer’s professional fees, is date of end of mandate, work or services or rather date on which each account for fees is calculated, prepared and brought to client’s attention – Civil Code of Québec, CQLR c. C 1991, arts. 2931, 2925, 2904, 2880 and 2116.
The respondent Serge Guindon retained the professional services of the applicant law firm, Pellerin Savitz LLP, to defend him in litigation before the Superior Court. During the performance of the mandate, the applicant sent the respondent five accounts for fees between October 5, 2011 and March 1, 2012. None of the accounts was paid. On March 21, 2012, the respondent informed the applicant that he was withdrawing the mandate. On March 10, 2015, the applicant brought an action against the respondent to recover claims for unpaid fees. The respondent asked that the action be dismissed because the claims arising from the unpaid accounts for professional fees were prescribed.
Lower court rulings
Court of Quebec
2015 QCCQ 5004, 505-22-022751-152
Action dismissed.
Court of Appeal of Quebec (Montréal)
2016 QCCA 138, 500-09-025424-151
Appeal allowed for sole purpose of ordering payment of balance.
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