APPLICATIONS FOR LEAVE TO APPEAL DISMISSED

SCC No. Case Name Province of Origin Keywords
37874 Marie-Ève Laflamme et autres c. Groupe Norplex Inc. et autre QC Property – Immovables – Servitudes
38121 Candace Jody Nutbrown v. Jeffrey Allan Corbiell AB Family law – Common law spouses – Civil procedure

APPLICATIONS FOR LEAVE TO APPEAL DISMISSED

37874

Marie-Ève Laflamme, Marjolaine Rousseau, Robert Rodrigue v. Groupe Norplex Inc., 9185-7227 Québec Inc. (Que.)

Property – Immovables – Servitudes

The applicants are some of the undivided co‑owners of a residential immovable on a lot adjacent to the lot of the respondent 9185‑7227 Québec Inc., on which they hold a servitude of right of away. In 2012, 9185‑7227 Québec Inc. began the construction of a condominium building on its lot. The respondent Groupe Norplex Inc. was the promoter of the project. The work was done over a period of nearly two years, depriving the applicants of their servitude and causing them annoyances. This led them to claim damages from the respondents. The trial judge dismissed their claim. While acknowledging the scale of the project and the bothersome and unpleasant nature of the work that had taken place, the judge found that the annoyances suffered as a result of the construction were not beyond the limit of tolerance owed by neighbours to each other, pursuant to art. 976 of the C.C.Q. The Court of Appeal allowed the appeal in part.

38121

Candace Jody Nutbrown v. Jeffrey Allan Corbiell (Alta.)

Family law – Common law spouses – Civil procedure

The parties were engaged in litigation for over two years regarding, inter alia, parenting arrangements for their daughter, who was born in 2014. That portion of the litigation was resolved by way of a consent order executed prior to trial in May, 2018 that returned primary care and sole decision making to the mother. The issues of child support, partner support and unjust enrichment remain outstanding. The father’s income and assets far exceed those of the mother. The mother sought an order for advance costs to fund future litigation. Her application was dismissed. The Court of Appeal dismissed her application for leave to appeal from that decision.