Hyperlawhypertext legal database Gingras et al. v. Gagnon [1977] 1 SCR 217

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Gingras et al. v. Gagnon

[1977] 1 SCR 217 Court SCC Decision date 1975-03-25 English

PartiesPaul Gingras, in his capacity of trustee in bankruptcy of the Quebec Investment Corporation Appellant·Les Immeubles Adams Inc. (Intervenor) Appellant·Jean-Marc Gagnon Respondent

Counsel (6)
P. Jolin, for the appellant Gingras.
R. Truchon, for the appellant Les Immeubles Adams Inc.
J.R. Laffoley, for the respondent.
Solicitors for the appellant: Dorion, Dorion, Bernier, Jolin & Champoux, Quebec.
Solicitors for the intervenant, appellant: Tremblay, Beauvais & Associates, Quebec.
Solicitors for the respondent: Campbell, Pepper & Associates, Montreal.

Judges Martland, Ronald; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean; de Grandpré, Louis-Philippe

Delivered by Majority

On appeal from Quebec

Subjects Priorities and hypothecs

Contents

The judgment of Martland, Pigeon and Beetz was delivered by

The judgment of Dickson and de Grandpré JJ. was delivered by

Who were the directors of the company who provided the company auditor with the information used by him in preparing the financial statements, with respect to the hypothecary debts?
Have there ever been entries made on the company books respecting the hypothec at issue?
Was there an account in the name of Jean-Marc Gagnon, and if not, how was the auditor able to establish the debts owed Jean-Marc Gagnon by the company?
What did Jean Joseph Fortin, Philippe Gagnon and Jacques Gingras know of the hypothec at issue and the debts of the company to Jean-Marc Gagnon?
What other facts or documents can serve as a basis for dating the alleged waiver of the hypothec at issue by Jean-Marc Gagnon?

Footnotes

  1. [1] [1972] C.A. 306.
  2. [2] (1939), 66 Que. Q.B. 483.
  3. [3] [1966] Que. Q.B. 135, aff’d [1966] S.C.R. 661.
  4. [4] (1931), 50 Que. Q.B. 280.