Case information
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37537
Kenneth F. Salomon, et al. v. Judith Matte-Thompson, 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) |
|---|---|---|
| 2019-04-03 | Correspondence received from, (Letter Form), "Declaration of satisfaction of judgment" | Kenneth F. Salomon |
| 2019-03-11 | Appeal closed | |
| 2019-03-01 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2019-03-01 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2019-02-28 |
Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br Row Mar, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-024602-146, 2017 QCCA 273, dated February 21, 2017, heard on March 19, 2018, is dismissed with costs. Côté J. dissents. Dismissed, with costs |
|
| 2018-04-11 | Transcript received, 88 pages | |
| 2018-03-19 | Judgment reserved OR rendered with reasons to follow | |
| 2018-03-19 |
Hearing of the appeal, 2018-03-19, CJ Abe Mo Ka Ga Côt Br Row Mar Judgment reserved |
|
| 2018-03-19 | Respondent's condensed book, (Book Form), (14 copies) Sumbmitted in court room. | Judith Matte-Thompson |
| 2018-03-19 | Appellant's condensed book, (Book Form), (14 copies) submitted in court room. | Kenneth F. Salomon |
| 2018-03-15 | Order on motion to adduce new evidence, (Justice Côté) | |
| 2018-03-15 |
Decision on motion to adduce new evidence, Côt, UPON MOTION de bene esse by the respondents Judith Matte-Thompson and 166376 Canada Inc. for leave to advise the Court of a change relating to the record and to file documents to this effect (Rules 47 and 92.1 of the Rules of the Supreme Court of Canada); AND HAVING READ the documents appended to the motion and the parties’ arguments in this regard; WHEREAS the [TRANSLATION] “procedural facts” to which the respondents’ motion relates were known to the respondents at the time their factum on appeal was filed; WHEREAS the respondents acknowledge that they are not basing any argument on the documents covered by their motion, so it is difficult to see how those documents could affect the questions to be decided by the Court in this appeal; WHEREAS the respondents have not established a change affecting the record; IT IS HEREBY ORDERED THAT: The motion for leave to advise the Court of a change relating to the record and to file documents to this effect is dismissed. Dismissed |
|
| 2018-03-15 | Submission of motion to adduce new evidence, Côt | |
| 2018-03-15 | Reply to motion to adduce new evidence, (Letter Form), Completed on: 2018-03-15 | Judith Matte-Thompson |
| 2018-03-14 | Response to the motion to adduce new evidence, (Letter Form), Completed on: 2018-03-14 | Kenneth F. Salomon |
| 2018-03-13 |
Notice of appearance, Douglas C. Mitchell, Audrey Boctor and Olga Redko will be appearing. Mr. Mitchell will present oral argument. |
Kenneth F. Salomon |
| 2018-03-13 | Motion to adduce new evidence, (Book Form), Completed on: 2018-03-12 | Judith Matte-Thompson |
| 2018-03-08 | Notice of appearance, (Letter Form), Pierre Bienvenu, Azim Hussain, Andres C. Garin and Frédéric Wilson will be appearing. Mr. Bienvenu will present oral argument. | Judith Matte-Thompson |
| 2018-03-08 | Appeal perfected for hearing | |
| 2018-03-05 | Correspondence received from, (Letter Form), Pierre Bienvenu (by email) letter to the Registrar requesting to introduce new material. | Judith Matte-Thompson |
| 2018-03-05 | Respondent's book of authorities, (Book Form), Completed on: 2018-03-05, (Electronic version filed on 2018-03-05) | Judith Matte-Thompson |
| 2018-03-05 | Respondent's factum, (Book Form), Completed on: 2018-03-05, (Electronic version filed on 2018-03-05) | Judith Matte-Thompson |
| 2018-01-17 | Certificate of counsel (attesting to record), (Letter Form) | Kenneth F. Salomon |
| 2018-01-17 | Appellant's book of authorities, (Book Form), Completed on: 2018-01-17 | Kenneth F. Salomon |
| 2018-01-17 | Appellant's record, (Book Form), Parts II, III and IV filed electronicaly only (Pursuant to rule 38.1(1)). , Completed on: 2018-01-17 | Kenneth F. Salomon |
| 2018-01-17 | Appellant's factum, (Book Form), Completed on: 2018-01-17 | Kenneth F. Salomon |
| 2017-11-22 | Notice of hearing sent to parties | |
| 2017-11-22 |
Appeal hearing scheduled, 2018-03-19 Judgment reserved |
|
| 2017-11-20 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2017-11-14 | Notice of appeal, (Letter Form), Completed on: 2017-11-14 | Kenneth F. Salomon |
| 2017-10-25 | Correspondence received from, (Letter Form), Respondents, re: Matthew J. Halpin will be the agent for the respondents. | Judith Matte-Thompson |
| 2017-10-24 | Correspondence received from, Appellants, re: Me Major will be the new agent for the appellants. | Kenneth F. Salomon |
| 2017-10-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-10-13 | Judgment on leave sent to the parties | |
| 2017-10-12 |
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 500-09-024602-146, 2017 QCCA 273, dated February 21, 2017, is granted with costs in the cause. Granted, with costs |
|
| 2017-07-31 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-06-01 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2017-06-01 | Kenneth F. Salomon |
| 2017-05-24 | Certificate (on limitations to public access) | Judith Matte-Thompson |
| 2017-05-24 | Notice of name | Judith Matte-Thompson |
| 2017-05-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-05-24 | Judith Matte-Thompson |
| 2017-04-24 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2017-04-24 | |
| 2017-04-21 | Notice of name | Kenneth F. Salomon |
| 2017-04-21 | Certificate (on limitations to public access) | Kenneth F. Salomon |
| 2017-04-21 | Application for leave to appeal, (Book Form), Completed on: 2017-04-21 | Kenneth F. Salomon |
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 |
|---|---|---|
| Salomon, Kenneth F. | Appellant | Active |
| Sternthal Katznelson Montigny LLP | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Matte-Thompson, Judith | Respondent | Active |
| 166376 Canada Inc. | Respondent | Active |
Counsel
Party: Salomon, Kenneth F.
Counsel
Audrey Boctor
Olga Redko
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
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Sternthal Katznelson Montigny LLP
Counsel
Audrey Boctor
Emma Lambert
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
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Matte-Thompson, Judith
Counsel
Frédéric Wilson
Andres C. Garin
Azim Hussain
1, Place Ville Marie
Bureau 2500
Montréal, Quebec
H3B 1R1
Telephone: (514) 847-4747
FAX: (514) 286-5474
Email: pierre.bienvenu@nortonrosefulbright.com
Agent
45 O'Connor Street
Suite 1500
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8654
FAX: (613) 230-5459
Email: matthew.halpin@nortonrosefulbright.com
Party: 166376 Canada Inc.
Counsel
Frédéric Wilson
Andres C. Garin
Azim Hussain
1, Place Ville Marie
Bureau 2500
Montréal, Quebec
H3B 1R1
Telephone: (514) 847-4747
FAX: (514) 286-5474
Email: pierre.bienvenu@nortonrosefulbright.com
Agent
45 O'Connor Street
Suite 1500
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8654
FAX: (613) 230-5459
Email: matthew.halpin@nortonrosefulbright.com
Summary
Keywords
Law of professions - Professional liability - Lawyers - Duty to advise - What standard of review should the Court of Appeal have applied to the Trial Judge’s findings regarding fault and causation, and is the Court of Appeal’s notion of the prisme déformant consistent with this standard? - What is the standard for assessing fault in the context of a lawyer’s referral of another professional, and did the Court of Appeal err in interfering with the Trial Judge’s findings with respect to fault? -Did the Court of Appeal err in interfering with the Trial Judge’s findings with respect to causation?
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.
The Respondents, Ms. Judith Matte-Thompson and 166376 Canada Inc., invested millions of dollars with Mr. Thémistoklis Papadopoulos (“Papadopoulos”), a representative of Triglobal Capital Management Inc. The funds in which the Respondents invested – Focus and iVest – turned out to be a Ponzi scheme, Papadopoulos disappeared and the Respondents lost their investments. The Respondents sued Papadopoulos and his associate Mario Bright, as well as the Applicants, Kenneth Salomon, Ms. Thompson’s lawyer who referred her to Papadopoulos, and his law firm, Sternthal Katznelson Montigny LLP.
Lower court rulings
Superior Court of Quebec
2014 QCCS 3072, 500-17-040927-082, 500-17-047981-090
Action against the Applicants dismissed.
Court of Appeal of Quebec (Montréal)
2017 QCCA 273, 500-09-024602-146
Appeal allowed.
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
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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.
Downloadable PDFs
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