Case information
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37566
Yves Brunette, in his capacity as trustee of Fiducie Maynard 2004, et al. v. Legault Joly Thiffault, s.e.n.c.r.l., 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) |
|---|---|---|
| 2019-05-15 | Appeal closed | |
| 2019-05-15 | Certificate of taxation issued to, Katherine Delage | |
| 2019-05-15 | Decision on the bill of costs, in the amount of $8,120.27, Reg | |
| 2019-05-15 | Submission of the bill of costs, Reg | |
| 2019-02-20 | Bill of costs, (Letter Form), Payment missing (received), Completed on: 2019-04-16 | Legault Joly Thiffault, s.e.n.c.r.l. |
| 2018-12-10 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2018-12-10 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2018-12-07 |
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 500-09-025562-158, 2017 QCCA 391, dated March 8, 2017, heard on April 23, 2018, is dismissed. Costs are awarded to Legault Joly Thiffault, s.e.n.c.r.l.; LJT Fiscalité Inc.; LJT Corporatif Inc.; LJT Conseil Inc.; LJT Litige Inc.; LJT Immobilier Inc. and Lehoux Boivin Comptables Agréés, s.e.n.c. Côté J. dissents. Dismissed, with costs |
|
| 2018-05-14 | Transcript received, 101 pages | |
| 2018-04-23 | Judgment reserved OR rendered with reasons to follow | |
| 2018-04-23 |
Hearing of the appeal, 2018-04-23, CJ Abe Mo Ka Ga Côt Br Row Mar Judgment reserved |
|
| 2018-04-23 | Respondent's condensed book, (Book Form), (14 copies) Submitted in court room. | Lehoux Boivin Comptables Agréés, s.e.n.c. |
| 2018-04-23 | Respondent's condensed book, (Book Form), (14 copies) Submitted in court room. | Legault Joly Thiffault, s.e.n.c.r.l. |
| 2018-04-23 | Appellant's condensed book, (Book Form), (14 copies) Submitted in court room. | Yves Brunette, in his capacity as trustee of Fiducie Maynard 2004 |
| 2018-04-20 | Correspondence received from, (Letter Form), Karen Collins (by email) Letter reffering to three new authorities. | Legault Joly Thiffault, s.e.n.c.r.l. |
| 2018-04-12 | Correspondence received from, (Letter Form), Karen Collins (by email) Resquesting a change in counsel removing François Beauchamp and replace by Marie-Pier Cloutier | Lehoux Boivin Comptables Agréés, s.e.n.c. |
| 2018-04-12 |
Notice of appearance, (Letter Form), Doug Mitchell, Jean-Michel Boudreau and François Goyer will be appearing. M.Mitchell and M.Boudreau will present oral argument. |
Yves Brunette, in his capacity as trustee of Fiducie Maynard 2004 |
| 2018-04-11 |
Notice of appearance, Katherine Delage, Nick Krnjevic and Ann-Julie Auclair will be appearing. Ms. Delage and Mr. Krnjevic will present oral argument. |
Legault Joly Thiffault, s.e.n.c.r.l. |
| 2018-04-11 |
Notice of appearance, (Letter Form), Neil A. Peden, Caroline Biron and François Beauchamp will be appearing. Mr. Peden and Ms. Biron will present oral argument. |
Lehoux Boivin Comptables Agréés, s.e.n.c. |
| 2018-04-06 | Appeal perfected for hearing | |
| 2018-04-03 | Certificate of counsel (attesting to record), (Letter Form) | Lehoux Boivin Comptables Agréés, s.e.n.c. |
| 2018-04-03 | Respondent's record, (Book Form), Completed on: 2018-04-03 | Lehoux Boivin Comptables Agréés, s.e.n.c. |
| 2018-04-03 | Respondent's book of authorities, (Book Form), Completed on: 2018-04-03 | Lehoux Boivin Comptables Agréés, s.e.n.c. |
| 2018-04-03 | Respondent's factum, (Book Form), Missing Service on changes made in the factum (rc'd on 09/04/2018), Completed on: 2018-04-11 | Lehoux Boivin Comptables Agréés, s.e.n.c. |
| 2018-04-03 | Respondent's book of authorities, (Book Form), Completed on: 2018-04-03 | Legault Joly Thiffault, s.e.n.c.r.l. |
| 2018-04-03 | Respondent's record, (Book Form), Completed on: 2018-04-03 | Legault Joly Thiffault, s.e.n.c.r.l. |
| 2018-04-03 | Certificate of counsel (attesting to record), (Letter Form) | Legault Joly Thiffault, s.e.n.c.r.l. |
| 2018-04-03 | Respondent's factum, (Book Form), Completed on: 2018-04-03 | Legault Joly Thiffault, s.e.n.c.r.l. |
| 2018-03-12 | Notice of hearing sent to parties | |
| 2018-03-12 |
Appeal hearing scheduled, 2018-04-23 Judgment reserved |
|
| 2018-02-12 | Certificate of counsel (attesting to record), (Letter Form) | Yves Brunette, in his capacity as trustee of Fiducie Maynard 2004 |
| 2018-02-12 | Appellant's record, (Book Form), (14 volumes), Completed on: 2018-02-12 | Yves Brunette, in his capacity as trustee of Fiducie Maynard 2004 |
| 2018-02-12 | Appellant's book of authorities, (Book Form), Completed on: 2018-02-12 | Yves Brunette, in his capacity as trustee of Fiducie Maynard 2004 |
| 2018-02-12 | Appellant's factum, (Book Form), Completed on: 2018-02-12 | Yves Brunette, in his capacity as trustee of Fiducie Maynard 2004 |
| 2017-12-18 | Notice of appeal, (Letter Form), Completed on: 2017-12-18 | Yves Brunette, in his capacity as trustee of Fiducie Maynard 2004 |
| 2017-11-29 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2017-11-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-11-17 | Judgment on leave sent to the parties | |
| 2017-11-16 |
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 500-09-025562-158, 2017 QCCA 391, dated March 8, 2017 is granted with costs in the cause. Granted, with costs in the cause |
|
| 2017-09-25 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-09-19 | Correspondence received from, Jean-Michel Boudreau dated 2017-09-18. Re: Name change for law firm | Yves Brunette, in his capacity as trustee of Fiducie Maynard 2004 |
| 2017-07-28 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2017-07-28 | Yves Brunette, in his capacity as trustee of Fiducie Maynard 2004 |
| 2017-06-22 | Certificate (on limitations to public access), (Letter Form) | Lehoux Boivin Comptables Agréés, s.e.n.c. |
| 2017-06-22 | Notice of name, (Letter Form) | Lehoux Boivin Comptables Agréés, s.e.n.c. |
| 2017-06-22 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-06-22 | Lehoux Boivin Comptables Agréés, s.e.n.c. |
| 2017-06-22 | Certificate (on limitations to public access), (Letter Form) | Legault Joly Thiffault, s.e.n.c.r.l. |
| 2017-06-22 | Notice of name, (Letter Form) | Legault Joly Thiffault, s.e.n.c.r.l. |
| 2017-06-22 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-06-22 | Legault Joly Thiffault, s.e.n.c.r.l. |
| 2017-06-01 | Correspondence received from, (Letter Form), Karen Collins (by email). Guy Régimbald will act as agent. | Legault Joly Thiffault, s.e.n.c.r.l. |
| 2017-05-23 | Letter acknowledging receipt of a complete application for leave to appeal, (FILE OPENED 2017-05-23) | |
| 2017-05-08 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2017-05-08) | Yves Brunette, in his capacity as trustee of Fiducie Maynard 2004 |
| 2017-05-08 | Application for leave to appeal, (Book Form), Amended covers filed on 2017-05-19, Completed on: 2017-05-08, (Electronic version filed on 2017-05-08) | Yves Brunette, in his capacity as trustee of Fiducie Maynard 2004 |
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 |
|---|---|---|
| Yves Brunette, in his capacity as trustee of Fiducie Maynard 2004 | Appellant | Active |
| Jean M. Maynard, in his capacity as trustee of Fiducie Maynard 2004 | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Legault Joly Thiffault, s.e.n.c.r.l. | Respondent | Active |
| LJT Fiscalité Inc., LJT Corporatif Inc., LJT Conseil Inc., LJT Litige Inc., LJT Immobilier Inc. | Respondent | Active |
| Lehoux Boivin Comptables Agréés, s.e.n.c. | Respondent | Active |
| Marcel Chaput, Fiscaliste M.C. Inc. | Respondent | Active |
Counsel
Party: Yves Brunette, in his capacity as trustee of Fiducie Maynard 2004
Counsel
Jean-Michel Boudreau
François Goyer
Place Alexis Nihon - Tour 2
3500, boul. De Maisonneuve Ouest, Bureau 1400
Montréal, Quebec
H3Z 3C1
Telephone: (514) 935-4460
FAX: (514) 935-2999
Email: dmitchell@imk.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
Party: Jean M. Maynard, in his capacity as trustee of Fiducie Maynard 2004
Counsel
Jean-Michel Boudreau
François Goyer
Place Alexis Nihon - Tour 2
3500, boul. De Maisonneuve Ouest, Bureau 1400
Montréal, Quebec
H3Z 3C1
Telephone: (514) 935-4460
FAX: (514) 935-2999
Email: dmitchell@imk.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
Party: Legault Joly Thiffault, s.e.n.c.r.l.
Counsel
Jean-Pierre Sheppard
Nick Krnjevic
Ann-Julie Auclair
800 du Square Victoria
#4600
Montreal, Quebec
H4Z 1H6
Telephone: (514) 393-7476
FAX: (514) 878-1865
Email: kdelage@rsslex.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com
Party: LJT Fiscalité Inc., LJT Corporatif Inc., LJT Conseil Inc., LJT Litige Inc., LJT Immobilier Inc.
Counsel
Jean-Pierre Sheppard
Nick Krnjevic
Ann-julie Auclair
800 du Square Victoria
#4600
Montreal, Quebec
H4Z 1H6
Telephone: (514) 393-7476
FAX: (514) 878-1865
Email: kdelage@rsslex.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com
Party: Lehoux Boivin Comptables Agréés, s.e.n.c.
Counsel
Neil A. Peden
Marie-Pier Cloutier
2000, avenue McGill College
Bureau 1700
Montréal, Quebec
H3A 3H3
Telephone: (514) 982-6628
FAX: (514) 284-2046
Email: cbiron@woods.qc.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: Marcel Chaput, Fiscaliste M.C. Inc.
Counsel
1, Place Ville Marie
Bureau 1950
Montréal, Quebec
H3B 2C3
Telephone: (514) 390-3209
FAX: (514) 866-7294
Email: grmassicotte@belong.ca
Summary
Keywords
Civil liability - Commercial law - Corporations - Shareholder’s personal interest in bringing action separate from that of corporation because of direct and immediate injury suffered in form of loss in value of shares held in corporation - Whether there is categorical rule in Quebec civil law to effect that shareholder may not sue party for loss in value of shareholder’s shares as result of breach of contract by that party in relation to corporation - Whether courts below erred in dismissing Fiducie’s action for lack of interest in absence of hearing and substantive evidence on essential elements of civil liability - Civil Code of Québec, arts. 1474, 1475, 1458, 1607 and 1613 - Code of Civil Procedure, CQLR, c. C-25 [obsolete], arts. 165 and 55.
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.
Between 2004 and 2008, the Melior Group, which was made up of a large number of corporations whose share capital was held in whole or in part by 9143-1304 Québec inc., developed projects to build, renovate and manage seniors’ residences. In 2009, Revenu Québec issued notices of assessment against several corporations in the Group. The issuance of the notices and the collection action that accompanied them resulted in the bankruptcy of several of those corporations and of 9143-1304 Québec inc. The appellants, Yves Brunette and Jean M. Maynard, trustees of Fiducie Maynard 2004, the sole shareholder of 9143-1304 Québec inc., then instituted a civil liability action for the loss in the value of Fiducie’s patrimony against the respondents, Legault Joly Thiffault, s.e.n.c.r.l., LJT Fiscalité inc., LJT Corporatif inc., LJT Conseil inc., LJT Litige inc., LJT Immobilier inc., Lehoux Boivin Comptables Agréés, s.e.n.c., Marcel Chaput and Fiscaliste M.C. inc. The respondents were alleged to have committed professional misconduct in setting up the tax structure that was supposed to manage the corporations’ consumption taxes and that turned out to be non-compliant with legislation.
Lower court rulings
Superior Court of Quebec
2015 QCCS 3482, 500-17-065631-114
Motion to dismiss allowed
Re-reamended motion to institute proceedings, with particulars, dismissed
Court of Appeal of Quebec (Montréal)
2017 QCCA 391, 500-09-025562-158
Appeal dismissed
Memorandums of argument on application for leave to appeal
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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.
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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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