Granted

Criminal Law: Young Persons

I.M. v. R., 2023 ONCA 378 (40868)
There is a publication ban in this case, certain information not available to the public, in the context of sentencing a young person as an adult. “The application for leave to appeal…is granted. This appeal will be heard with S.B. v His Majesty the King (40873).”

Criminal Law: Young Persons

S.B. v. R., 2023 ONCA 369 (40873)
There is a publication ban on the party in this case, in the context of sentencing a young person as an adult. “The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal…is granted. This appeal will be heard with I.M. v. His Majesty the King (40868).”

Dismissed

Bankruptcy & Insolvency/Municipal Law: Nullification of Contracts

Ville de Montréal v. Arthur Blumer & Associates inc. in continuance of suit for Litwin Boyadjian Inc., 2023 QCCA (40744)
The Applicant, Ville de Montréal (“City”), appealed the decision made by the Respondent, Arthur Blumer & Associates Inc. in continuation of suit for Litwin Boyadjian Inc., acting as the trustee in bankruptcy of the Public Bike System Company (“Company”), to postpone the City’s proof of claim as an unsecured creditor in the Company’s bankruptcy. In 2011, the City had granted the Company a loan that was secured by a hypothec. In 2014, the Company filed a notice of intention under the Bankruptcy and Insolvency Act, and voluntarily surrendered its hypothecated property to the City. The trustee then went to court to obtain a declaration that the two contracts (loan and hypothec) were null because they were contrary to the Municipal Aid Prohibition Act. In April 2017, the Qué. Superior Court ruled in the trustee’s favour and declared that the two contracts were absolutely null and were therefore deemed never to have existed. That decision was affirmed by the Qué. C.A., which ordered the restitution of prestations and declared that [translation] “the City is a creditor for the balance owed on the date of taking in payment, $31,746,575, and may submit a claim to the trustee in bankruptcy” (see Syndic du Système de bicyclette public, société de vélo en libre service, 2017 QCCS 1442, affirmed on appeal in Ville de Montréal v. Litwin Boyadjian inc. (syndic de Société de vélo en libre service), 2019 QCCA 794, application for leave to appeal to the Supreme Court dismissed on February 2, 2020, in file No. 38759). In February 2020, the City filed a proof of claim as an unsecured creditor on the basis of the Qué. C.A.’s 2019 decision, which created a legal obligation of restitution. The trustee concluded that the proof of claim should be postponed because the two contracts underlying the legal obligation were improper transactions between related persons within the meaning of s. 137(1) of the BIA and, in the alternative, because they constituted equity contributions under s. 140.1 of the BIA. The Qué. Superior Court granted in part the City’s motion and set aside in part the trustee’s notice of postponement. The Qué. C.A. allowed the appeal. “The application for leave to appeal…is dismissed with costs. Kasirer J. took no part in the judgment.”

Civil Litigation/Tax: Judicial Replacement

Berish Schwimmer, et al. v. Agence du revenu du Québec, et al., 2023 QCCA 556 (40796)
The Applicant, Berish Schwimmer, challenged three notices of assessment issued by the Respondent Agence du revenu du Québec (“ARQ”). The case was heard by a Court of Québec judge and taken under advisement. Because the judge was unable to act, the Chief Judge of the Court of Québec issued an order pursuant to art. 326 of the Civil Code of Procedure (“C.C.P.”) that the trial be continued and completed by Judge Forlini, who proceeded to hold a case management conference in the presence of the parties’ lawyers, including the Respondent Julie Gaudreault-Martel for Mr. Schwimmer. The minutes of the management conference stated the following, among other things: [translation] “[t]he parties consent to the judge relying solely, as regards evidence, on the transcript of the hearing”. Judge Forlini dismissed Mr. Schwimmer’s originating application for an appeal of the assessments (hereinafter “Forlini judgment”). After receiving the Forlini judgment, Mr. Schwimmer sought the disavowal of Ms. Gaudreault-Martel on the ground that he was never informed that she had consented to the judge relying solely, as regards evidence, on the recording of the trial and the transcript of the stenographic notes. The ARQ applied for the dismissal of the originating application for disavowal on grounds of abuse pursuant to art. 51 C.C.P. Judge Riverin declared the originating application for disavowal to be clearly unfounded and abusive, and he dismissed it (hereinafter “Riverin judgment”). The Qué. C.A. allowed Mr. Schwimmer’s application for leave to appeal the Riverin judgment and referred the ARQ’s application for the dismissal of the appeal from the Forlini judgment to the panel that would be seized of the appeal from the Riverin judgment. The Qué. C.A. found that Judge Forlini proceeded on the basis of valid consent and it dismissed the two appeals. “The application for leave to appeal…is dismissed with costs.”

Criminal Law: Circumstantial Evidence

Papasotiriou v. R., 2023 ONCA 358 (40814)
Mr. Lanteigne was murdered. His husband, Mr. Papasotiriou, and a co-accused were charged with first degree murder. Mr. Papasotiriou was living in Greece at the time of the murder and the Crown’s case against him relied on circumstantial evidence. A jury convicted Mr. Papasotiriou of first degree murder. The Ont. C.A. dismissed an appeal from the conviction. “The motion for an extension of time to serve and file the reply is granted. The application for leave to appeal…is dismissed.”