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.
38544
Resolute FP Canada Inc. v. Hydro-Québec, 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) |
|---|---|---|
| 2021-02-22 | Appeal closed | |
| 2020-12-14 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2020-12-14 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2020-12-11 |
Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-026355-164, 2019 QCCA 30, dated January 10, 2019, heard on January 21, 2020, is dismissed with costs. Côté and Rowe JJ. dissent. Dismissed, with costs |
|
| 2020-02-06 | Transcript received, 111 pages | |
| 2020-01-21 | Judgment reserved OR rendered with reasons to follow | |
| 2020-01-21 |
Hearing of the appeal, 2020-01-21, CJ Abe Mo Ka Côt Br Row Mar Kas Judgment reserved |
|
| 2020-01-21 | Respondent's condensed book, (Book Form) | Hydro-Québec |
| 2020-01-21 | Appellant's condensed book, (Book Form) | Resolute FP Canada Inc. |
| 2020-01-15 | Notice of appearance, (Letter Form), Dominique Ménard, Max R. Bernard and Nicolas Roche will appear before the court. Mrs. Ménard will present oral arguments. | Hydro-Québec |
| 2020-01-15 | Correspondence received from, (Letter Form), 2 reserved seats requested | Hydro-Québec |
| 2020-01-14 | Notice of appearance, (Letter Form), Yves Martineau, Patrick Girard and Guillaume Boudreau-Simard will appear before the court. Mr. Martineau will present oral arguments. | Resolute FP Canada Inc. |
| 2019-12-20 | Certificate of counsel (attesting to record), (Letter Form) | Hydro-Québec |
| 2019-12-20 | Respondent's book of authorities, (Book Form), Completed on: 2019-12-20 | Hydro-Québec |
| 2019-12-20 | Respondent's record, (Book Form), Completed on: 2019-12-20 | Hydro-Québec |
| 2019-12-20 | Respondent's factum, (Book Form), Completed on: 2019-12-20 | Hydro-Québec |
| 2019-12-16 | Notice of hearing sent to parties | |
| 2019-12-11 |
Appeal hearing scheduled, 2020-01-21, The schedule for serving and filing the material is set as follows: The appellant’s record, factum and book of authorities, if any, shall be served and filed on or before October 25, 2019. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before November 15, 2019. The appellant and respondents shall serve and file their response(s), if any, to the motions for leave to intervene on or before November 22, 2019. Replies to any responses to the motions for leave to intervene shall be served and filed on or before November 27, 2019. Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before January 7, 2020. The respondents’ record, factum and book of authorities, if any, shall be served and filed on or before December 20, 2019. Judgment reserved |
|
| 2019-10-24 | Certificate of counsel (attesting to record), (Letter Form) | Resolute FP Canada Inc. |
| 2019-10-24 | Appellant's record, (Book Form), (8 volumes), Completed on: 2019-10-24 | Resolute FP Canada Inc. |
| 2019-10-24 | Appellant's book of authorities, (Book Form), Completed on: 2019-10-24 | Resolute FP Canada Inc. |
| 2019-10-24 | Appellant's factum, (Book Form), Completed on: 2019-10-24 | Resolute FP Canada Inc. |
| 2019-08-23 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2019-08-19 | Notice of appeal, (Letter Form), Completed on: 2019-08-19 | Resolute FP Canada Inc. |
| 2019-07-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-07-19 | Judgment on leave sent to the parties | |
| 2019-07-18 |
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 500-09-026355-164, 2019 QCCA 30, dated January 10, 2019, is granted with costs in the cause. The schedule for serving and filing materials will be set by the Registrar. Granted, with costs in the cause |
|
| 2019-06-10 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-04-25 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2019-04-25 | Resolute FP Canada Inc. |
| 2019-04-15 | Certificate (on limitations to public access), (Letter Form), Missing: Proof of Service - (rec' 05/24/19) | Hydro-Québec |
| 2019-04-15 | Notice of name, (Letter Form), Missing: Proof of Service - (rec' 05/24/19) | Hydro-Québec |
| 2019-04-15 | Respondent's response on the application for leave to appeal, (Book Form), Missing: Proof of Service (rec' 05/24/19), Completed on: 2019-05-24 | Hydro-Québec |
| 2019-03-14 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2019-03-11 | Certificate (on limitations to public access), (Letter Form) | Resolute FP Canada Inc. |
| 2019-03-11 | Notice of name, (Letter Form) | Resolute FP Canada Inc. |
| 2019-03-11 | Application for leave to appeal, (Book Form), Completed on: 2019-03-11 | Resolute FP Canada 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 |
|---|---|---|
| Resolute FP Canada Inc. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Hydro-Québec | Respondent | Active |
| Gatineau Power Company | Respondent | Active |
Counsel
Party: Resolute FP Canada Inc.
Counsel
Patrick Girard
Guillaume Boudreau-Simard
41e Étage
1155, boul. René-Lévesque Ouest
Montréal, Quebec
H3B 3V2
Telephone: (514) 397-3380
FAX: (514) 397-3222
Email: ymartineau@stikeman.com
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Hydro-Québec
Counsel
Max R. Bernard, Ad E.
Nicolas Roche
Bureau 2700
600, boul. de Maisonneuve Ouest
Montréal, Quebec
H3A 3J2
Telephone: (514) 375-2683
FAX: (514) 905-2001
Email: DMenard@lcm.ca
Agent
220, avenue Laurier Ouest
Bureau 350
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 564-8272
FAX: (613) 565-2087
Email: gpoliquin@plaideurs.ca
Party: Gatineau Power Company
Counsel
Max R. Bernard, Ad. E.
Nicolas Roche
Bureau 2700
600, boul. de Maisonneuve Ouest
Montréal, Quebec
H3A 3J2
Telephone: (514) 375-2683
FAX: (514) 905-2001
Email: DMenard@lcm.ca
Agent
220, avenue Laurier Ouest
Bureau 350
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 564-8272
FAX: (613) 565-2087
Email: gpoliquin@plaideurs.ca
Summary
Keywords
Contract — Assignment of contract — Whether there are restrictions on assignment of contracts under Quebec law — Standard of appellate intervention — Characterization and interpretation of contract — Tax — Charge — Hydro-Québec Act, CQLR, c. H 5, ss. 16, 32 — Watercourses Act, CQLR, c. R 13, ss. 68, 69.3 — Whether Quebec Court of Appeal could reject trial judge’s interpretation and characterization of two contracts without identifying palpable and overriding error — Requirements for valid assignment of contract in Quebec civil law and effect of such assignment on parties’ rights and obligations — Whether State can truly tax its own property or whether it is not imposing tax but simply reallocating income.
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.
This litigation is between the applicant, Resolute FP Canada Inc. (“Resolute”), and the respondents, Hydro-Québec and Gatineau Power Company (“Gatineau Power”). In November 2011, Hydro-Québec sent Resolute an invoice for more than $3 million for electricity provided to its Gatineau mill. The invoice included three years of hydraulic charges that Hydro-Québec had paid the State since 2008 pursuant to legislation. The initial power supply contract had been entered into in 1926 by Gatineau Power and Resolute’s predecessor, Canadian International Paper Company (“CIP”), for a term of 40 years, renewable for additional 10 year periods. In 1965, Gatineau Power continued to exist, but Hydro-Québec acquired all of its shares by contract. The parties disagreed about the impact of the 1965 contract on the rights and obligations of the parties to the 1926 contact and about whether the 1965 contract had assigned the 1926 contract. Resolute eventually paid, under protest, the amount claimed by Hydro-Québec and filed an action in the Superior Court seeking a declaratory judgment and reimbursement.
Lower court rulings
Superior Court of Quebec
2016 QCCS 3862, 500-17-073947-122
Resolute FP Canada Inc.’s motion to institute proceedings for declaratory judgment allowed
Court of Appeal of Quebec (Montréal)
2019 QCCA 30, 500-09-026355-164
Appeal of Hydro Québec and Gatineau Power Company allowed and Superior Court’s judgment reversed in part
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