Case information
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41058
9427-1525 Québec inc. v. Chambre des notaires du 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) |
|---|---|---|
| 2025-02-07 | Close file on Leave | |
| 2025-02-07 |
Correspondence (sent by the Court) to, parties, RE: Certificate of Taxation |
|
| 2025-02-06 | Certificate of taxation issued to, Me Caroline Malo | |
| 2025-02-06 | Decision on the bill of costs, in the amount of $903.48, Reg | |
| 2025-02-06 | Submission of the bill of costs, Reg | |
| 2024-08-19 | Bill of costs, (Letter Form), Completed on: 2024-12-13, (Printed version due on 2024-08-26) | Chambre des notaires du Québec |
| 2024-05-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-05-30 | Judgment on leave sent to the parties | |
| 2024-05-30 |
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 500-09-030617-237, 2023 QCCA 1392, dated October 23, 2023, is dismissed with costs to the respondent Chambre des notaires du Québec. Dismissed, with costs |
|
| 2024-04-29 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-02-08 | Certificate (on limitations to public access), 23A | Chambre des notaires du Québec |
| 2024-02-02 | Notice of name | Chambre des notaires du Québec |
| 2024-02-02 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2024-04-09 | Chambre des notaires du Québec |
| 2024-02-02 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2024-02-06, (Printed version filed on 2024-02-06) | 9427-1525 Québec inc. |
| 2024-01-26 | Certificate (on limitations to public access), 23A | Fonds d’assurance responsabilité et professionnelle de la Chambre des notaires du Québec |
| 2024-01-26 | Notice of name, (Letter Form) | Fonds d’assurance responsabilité et professionnelle de la Chambre des notaires du Québec |
| 2024-01-26 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2024-01-26, (Printed version filed on 2024-01-26) | Fonds d’assurance responsabilité et professionnelle de la Chambre des notaires du Québec |
| 2024-01-22 | Notice of name, (Letter Form), (Printed version filed on 2024-01-24) | Crédit Transit inc. |
| 2024-01-22 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-01-24) | Crédit Transit inc. |
| 2024-01-22 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2024-01-22, (Printed version filed on 2024-01-24) | Crédit Transit inc. |
| 2023-12-27 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2023-12-27 | |
| 2023-12-21 | Certificate (on limitations to public access), (Letter Form), 23A/23B, (Printed version filed on 2023-12-22) | 9427-1525 Québec inc. |
| 2023-12-21 | Notice of name, (Letter Form), (Printed version filed on 2023-12-22) | 9427-1525 Québec inc. |
| 2023-12-21 |
Application for leave to appeal, (Book Form), REQUIRED - Filing fee (Rec'd 2024-01-08), Completed on: 2024-01-08, (Printed version filed on 2023-12-22) |
9427-1525 Québec 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 |
|---|---|---|
| 9427-1525 Québec inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Chambre des notaires du Québec | Respondent | Active |
| Fonds d’assurance responsabilité et professionnelle de la Chambre des notaires du Québec | Respondent | Active |
| Crédit Transit inc. | Respondent | Active |
Counsel
Party: 9427-1525 Québec inc.
Counsel
Bureau 208
Longueuil, Quebec
J4H 3V9
Telephone: (514) 298-1998
FAX: (450) 679-5757
Email: mekarlharrison@videotron.ca
Party: Chambre des notaires du Québec
Counsel
Geneviève Boisvert
Bureau 1700
630, boul. René-Lévesque Ouest
Montréal, Quebec
H3B 1S6
Telephone: (514) 843-3777
FAX: (514) 843-6110
Email: caroline.malo@clydeco.ca
Party: Fonds d’assurance responsabilité et professionnelle de la Chambre des notaires du Québec
Counsel
Jean-François Landry
13e étage, Complexe Jules-Dallaire, T3
2820, boul. Laurier
Québec, Quebec
G1V 0C1
Telephone: (418) 650-7000
FAX: (418) 650-7075
Email: jean-francois.gagnon@langlois.ca
Party: Crédit Transit inc.
Counsel
5236, boul. Wilfrid-Hamel
Québec, Quebec
G2E 2G9
Telephone: (418) 650-6111 Ext: 104
FAX: (418) 658-2017
Email: plangevin@lplavocats.com
Summary
Keywords
Law of professions — Professional liability — Real estate fraud — Notary — “Fungible” nature of amounts held in trust account of notary — Whether application for leave to appeal raises question of public importance.
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 applicant, 9427-1525 Québec inc., is a registered business that is claiming the remaining amounts recovered by the Chambre des notaires after the commission of fraud. In 2019, the notary whose services had been retained for the fraud received two deposits totalling $7,181,758.75 from two companies that had no connection to each other and did not know each other. Pursuant to escrow agreements, the notary was required to deposit each of the amounts that he received into separate interest-bearing trust accounts. He failed to comply with those agreements and deposited both amounts into a single account. One of the victim companies eventually assigned its claim to 9427 inc., which resulted in a claim by 9427 inc. before the Quebec courts. The trial judge found that the money paid to the company by 9427 inc. was derived from fraud and that 9427 inc. had acted as prête-nom and alter ego for the perpetrators of that fraud. This led to the dismissal of the applicant’s originating application. 9427 inc. appealed that decision. The Court of Appeal granted the motion for the dismissal of the appeal, finding that the proposed appeal had no chance of success.
Lower court rulings
Originating application for return of funds held in trust dismissed
Motion for dismissal of appeal granted; appeal dismissed
Memorandums of argument on application for leave to appeal
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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.
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