Harry Dikranian - Montreal Attorney - Litigation Experience-

Contact by email: hd at skm

Partial List of Published Cases

Pleaded at or Prepared for Court

Class Actions

Dikranian vs. Quebec (Attorney General) (Superior Court, Court of Appeal and Supreme Court of Canada)

Rerences : J.E. 99-1384, Judge Denis Lévesque J.S.C., J.E. 2000-1170, [2000] R.J.Q. 1583 (S.C.), Judge Pierre R. Journet, J.S.C., J.E. 2002-752, [2002] R.J.Q. 969, Judge Pierre R. Journet, J.S.C., J.E. 2004-358 Judges Marc Beauregard J.C.A., André Forget J.C.A. and Melvin Rothman J.C.A. (diss.), Motion for Leave to Appeal to the Supreme Court of Canada, Judges Bastarache J.S.C.C, Lebel J.S.C.C.and Deschamps J.S.C.C. Decision of the Supreme Court of Canada on the merits.

- M^e Leon J. Greenberg, Sternthal Katznelson Montigny, Plaintiff's attorneys

- M^e Mario Normandin, Bernard Roy & Associés, Defendant's attorneys

As group representative, assisted principal partners in researching the case and drafting a Motion for Authorization to Institute a Class Action. This case involves student loan contracts whereby a seven month interest free period was arbitrarily reduced by the Quebec National Assembly without adopting the appropriate transitional provisions and in contravention of the signed loan contracts. It is not the law itself that was challenged but the application to the signed contracts. Judge Denis Lévesque, J.S.C. authorized the class action, Judge Journet J.S.C., then dismissed a Motion to dismiss by the Attorney General and thereafter dismissed the action at trial. On January 27, 2004 the appeal was dismissed by Judges Beauregard and Forget J.C.A. with a dissenting opinion from Judge Rothman J.C.A. The application for leave to appeal to the Supreme Court of Canada was granted, with costs in any event, on June 24, 2004 and this case was heard by the Supreme Court of Canada on March 10, 2005. On December 3, 2005, with a 6 to 1 majority decision the Supreme Court of Canada ruled in favor of the appeal and overturned both previous decisions.

Option Consommateurs vs. Assurances Générales des Caisses Desjardins Inc. (Superior Court)

References : J.E. 2001-1636 Judge Victor Melançon J.S.C., B.E. 2002BE-738 Judge Marie-Christine Laberge, J.S.C.

- M^e Jean A. Montigny et M^e Harry Dikranian, Sternthal Katznelson Montigny, Plaintiff's attorneys

- M^e Pierre Sylvestre, Sylvestre Charbonneau Fafard, Plaintiff's co-Counsel

- M^e Guy Lemay et M^e Jean Saint-Onge, Lavery De Billy, Defendants' attorneys

This case relates to automobile insurance indemnification based on the costs of similar aftermarket automobile body parts but that are not of like, kind and quality as the original equipment manufacturers. Drafted Plaintiff's Motion for Authorization that was ultimately granted by Judge Melançon, J.S.C. and pleaded a Motion to Strike Allegations and a Motion for Details. The file is ready and the parties are waiting to obtain a trial date from court.

Damages – Unjustified Complaint

Dupuis et al vs. Bérubé et al (Superior Court)

References : B.E. 2003BE-323, Judge Marie-France Courville, J.S.C.

- M^e Alexandre Durocher, Auclair Durocher, Plaintiffs' Attorneys

- M^e Harry Dikranian, Sternthal Katznelson Montigny, Defendants' Attorneys

- M^e Lizann Demers, Bernard Roy & Associés, Co-Defendant Quebec Attorney General's Attorneys

Defendants were sued by Plaintiffs claiming an amount of $78 695,95 for having called the police after receiving death threats from their neighbors, the Plaintiffs. According to the Court, Defendants had no choice but to call the police and were right to have taken the threats seriously since co-Plaintiff was verbally aggressive and known to be a hunter, he possessed hunting weapons. The judgment dismissed Plaintiffs' entire claim with costs.

Damages – Defamation

Salpeter vs. 153986 Canada Inc. et al (Superior Court)

References : J.E. 2001-1381, Judge Herbert Marx, J.S.C.

- M^e Leon J. Greenberg et M^e Harry Dikranian, Sternthal Katznelson Montigny, Plaintiff's Attorneys

- M^e Leon Maliniak, Maliniak Ironside, Defendants' Attorneys at trial

- M^e Patrick Benaroche et M^e Eric Azran, Stikeman Elliott, Defendants' Attorneys on Appeal

Action in libel, called upon to plead the evaluation of damages and the law of Defamation in Quebec. Plaintiff won his claim and was awarded $416 363 of damages against Defendants. Following the trial judgment, numerous incidental motions were pleaded and lost by Defendants' appellate attorneys. The case was settled out of court before the appeal was heard..

Damages – Contractual and Delictual

Marashlian vs. Marashlian (Superior Court)

References : J.E. 2002-736 and [2002] R.J.Q. 1018, Judge Robert Mongeon, J.S.C.

- M^e Harry Dikranian, Sternthal Katznelson Montigny, Plaintiffs' Attorneys

- M^e Manon Bourbonnais, Defendants' Attorneys

Division of an estate valued at greater than $800 000. Plaintiffs' were seeking the ratification of an agreement for their share as heirs in their deceased mother's Estate, notwithstanding the existence of a valid notarized will that had indicated a different division of the assets. The court agreed with Plaintiffs' that a post-Will contract was ratified and executory and ordered an equal division of the Estate. See the published article on the topic entitled, How a Post-Mortem Agreement Can Supersede a Valid Will, CCH, April 2002.

A. ... Inc. vs. D. & S. Décors Inc. (Court of Quebec)

References : B.E. 2003BE-438, Judge Gérald Locas, J.C.Q.

- M^e Nathalie Tremblay, Phillips Friedman Kotler, Plaintiff's attorneys

- M^e Harry Dikranian, Sternthal Katznelson Montigny, Defendant's attorneys

Action claiming $14 538 based on a contract between the parties that included the payment of attorneys fees in the event they are required to recover sums owed to Plaintiff. While Plaintiff claimed that it paid over $14,000 of attorneys fees, its original action had only been granted for $4,000. According to the Court and following pleadings by Defendant's attorneys the action against the Defendant was granted for only $2 000.

Commercial Leases

Sports Extrêmes Surf 66 Inc. et al vs. 9108-5324 Québec Inc. et al (Superior Court)

References : J.E. 2003-1279 and [2003] R.D.I. 535, Judge Louis Lacoursière, J.S.C.

- M^e Irving Handelman, Handelman, Handelman & Schiller, Plaintiffs' Attorneys

- M^e Harry Dikranian, Sternthal Katznelson Montigny, Defendants' Attorneys

A claim to cancel an offer to lease and to reimburse sums paid in deposit as well as payment of Plaintiffs' attorneys fees was dismissed with costs. The Defendants' cross demand in damages against the tenant for failure to abide by the terms of an offer to lease was granted for a sum of $41 177 on the legal basis that an accepted offer to lease equals a binding lease.

9021-6714 Québec Inc. vs. 9069-5834 Québec Inc. et al (Quebec Court)

References : J.E. 2003-1467, Judge Gérald Locas, J.C.Q.

- M^e Harry Dikranian, Sternthal Katznelson Montigny, Plaintiff's Attorneys

- ... Defendant's Attorneys

Plaintiff's Motion in Eviction granted with costs and Defendant's cross-demand in damages dismissed with costs. This case involved the interpretation of the expression « right of first refusal » contained in an option to renew. The clause was held not to give Defendant the right to refuse the increased rent demanded by Plaintiff. The said option clause was held to be a mere invitation to negotiate and could therefore not be enforced when the negotiations broke down. A safeguard order forcing tenant to pay its rent as it became due was obtained before trial.

Cité Nordelec Inc. vs. 9087-0593 Québec Inc. (Cour d’appel)

Références : J.E. 2003-2133, Juges Paul-Arthur Gendreau, J.C.A., Benoît Morin, J.C.A. et Pierrette Rayle, J.C.A.

- M^e Ronald L. Stein, DeGrandpré Chait, Appellant's Attorneys

- M^e Harry Dikranian, Sternthal Katznelson Montigny, Respondent's Attorneys

Divergent opinions regarding the interpretation of a renewal clause in a lease. According to the Court of Appeal a difference of approach in interpretation did not justify an unfavorable decision against the Appellant. The Court of Appeal determined that because of the impasse in negotiations, the trial judge should have implemented the sanctions found in the contract, namely the cancellation of the lease.

Banking

Toronto-Dominion Bank vs. Wise et al (Superior Court and Court of Appeal)

References : B.E. 2000BE-908 and B.E. 2000BE-907, Judge John H. Gomery J.S.C.

- M^e Leon J. Greenberg et M^e Harry Dikranian, Sternthal Katznelson Montigny, Plaintiff's Attorneys

- M^e Lydia Milazzo, Gross Pinsky, Defendants' Attorneys

Action on a bank loan whereby a claim for indemnity was made following the payment of 1,2 million dollars in capital with an unpaid shortfall of interest representing $ 96 434. Judge Gomery, J.S.C., rendered a decision in favour of Plaintiff, since proof that the statements were erroneous had not been made.

Sales

Drainville vs. B (Superior Court)

References : B.E. 2001BE-133, Judge Paul Jolin J.S.C.

- M^e Yves Robillard, Bélanger Sauvé, Plaintiffs' Attorneys

- M^e Leon J. Greenberg and M^e Harry Dikranian, Sternthal Katznelson Montigny, Defendants' Attorneys

Assisted senior partner in trial preparation and pleadings in the context of a permanent injunction, action to pass title and sale of shares. In this file Plaintiffs had started a cosmetics division within Defendants', company thanks to Defendants' efforts, network and resources. Plaintiffs' had wanted to purchase Defendants' shares at a nominal value and had also offered a contract of services that they immediately annulled. The Court held that the parties had acted as though a sale had occurred and that a contract for services can be cancelled at any time. Following the decision, the parties arrived at a mutually beneficial settlement thereby avoiding the need for an appeal.

Civil Procedure

Garber vs. Walsh (Superior Court)

References : J.E. 2001-749, Judge Hélène Poulin, J.S.C.

- M^e Leon J. Greenberg and M^e Harry Dikranian, Sternthal Katznelson Montigny, Plaintiff's Attorneys

- M^e Kalman Samuels and M^e Jacky Roy, Defendant's Attorneys

Defendant's Motion to Disqualify Plaintiff's attorneys on the basis of conflict, past representation and other matters, dismissed with costs. Pleaded facts, legislation and case law on the topic.

Philmar Management Ltd. vs. Charbonneau (Superior Court)

References : J.E. 2003-1781, Judge Jeannine M. Rousseau, J.S.C.

- M^e Leon J. Greenberg and M^e Harry Dikranian, Sternthal Katznelson Montigny, Plaintiff's Attorneys

- M^e Elyse Rosen, Gowling Lafleur Henderson, Defendant's Attorneys

Defendant's Motion to Disqualify Plaintiff's attorneys on the basis of conflict, past representation and other matters. Pleaded facts, legislation and case law on the topic.

Charbonneau vs. Multi-Restaurants Inc. (Superior Court and Court of Appeal)

References : J.E. 99-1647, Judge Danielle Grenier, J.S.C., and J.E. 2000-683, [2000] R.J.Q. 705, [2000] R.J.D.T 441, Judges Paul-Arthur Gendreau, J.C.A., Benoît Morin, J.C.A. and Pierrette Rayle, J.C.A.

- M^e Denis Poitras, Plaintiff Appellant's Attorneys

- M^e Harry Dikranian, Sternthal Katznelson Montigny, Defendant Respondent's Attorneys

Action claiming unjust dismissal and damages for over $100 000. Preparation and pleading a Motion to strike allegations dealing with statements made during an arbitration session before the Quebec Labour Standards Commission. Defendant's Motion was granted by the Superior Court and Plaintiff was partially successful in Appeal. But, Plaintiff's attorneys allowed the 180 day delay to inscribe the case for trial to expire and Judge Maurice Lagacé, J.S.C., granted Defendant's Motion to Dismiss. Plaintiff re-instituted its action but the file has been inactive since the re-filing.

Transworld (Steel) Ltd. vs. Venture Steel Inc. (Superior Court and Court of Appeal)

References : J.E. 2003-756, Judges René Dussault, J.C.A., François Pelletier, J.C.A. and Pierre J. Dalphond, J.C.A.

- M^e François Gottlieb, Defendant-Appellant's Attorney

- M^e Harry Dikranian, Sternthal Katznelson Montigny, Plaintiff Respondent's Attorneys

An action claiming 1,2 million dollars for the sale of merchandise with latent defects within which Defendant presented a Motion to Dismiss on the basis of forum non conveniens that was dismissed by Judge Richard Nadeau, J.S.C.. According to the Court of Appeal the first judge was right to dismiss the Motion on the grounds of pre-maturity but was wrong to limit the possibility of invoking the absence of jurisdiction only at trial since a Motion to Dismiss may be taken at any time. This judgment followed numerous incidental motions and accessory procedures after which the parties, through their attorneys, settled the case out of court.

Goods Sold & Delivered

Ecuapalmito S.A vs. 9055-5632 Québec Inc. (dba Coconut Foods) & 9117-2452 Québec Inc. (dba Sabbah Import Export) & Jacques Sabbah (Quebec Court)

References : 500-22-088487-031, May 3, 2005, Judge Brigitte Gouin, J.Q.C.

- M^e Harry Dikranian, Sternthal Katznelson Montigny, Plaintiff's Attorneys

- M^e Vanessa Fhima, Simon & Associates, Defendants' Attorneys

As counsel for an international manufacturer and distributor of canned Palm Hearts, developed strategy, drafted proceedings, argued motions and completed a contested two day trial against principle defendant who had received $36,299.25 and refused to effect payment raising various grounds. The trial judge condemned the principle defendant who was the co-contracting party along with its sister company and the President personally, holding all three all liable for the damages incurred including the Plaintiff's attorneys fees for a total claim of $43,109.70 with costs and interest over a two year period.

Bankruptcy, Oppression and Liquidation

Lutfy c. Lutfy (Superior Court)

References : J.E. 96-902, Daniel H. Tingley, J.S.C.

- M^e Yoine Goldstein, (Harry Dikranian, articling student), Goldstein Flanz & Fishman, Plaintiff's Attorneys

- M^e Colin J. Irving and M^e Douglas Mitchell, McMaster Meighen, Defendant's Attorneys

Assisted senior partner in the preparation and presentation of a Motion to liquidate a family holding company and the operating division as well. Successfully pleaded the recognized elements constituting oppression in Quebec law.

Antwerp Bulkcarriers N.V. (Trustee of) (Superior Court)

References : J.E. 96-902, Daniel H. Tingley, J.S.C.

- M^e Mark E. Meland, (Harry Dikranian, articling student), Goldstein Flanz & Fishman, Plaintiff's Attorneys

- M^e Pierre G. Côté, Ogilvy Renault, Defendant's Attorneys

Assisted partner in the defense of various Motions to Revise, Rescind or Modify an ex parte Order. This case involved a jurisdictional conflict between the Superior Court sitting in bankruptcy (now Commercial Division) and the Federal Court sitting in admiralty. After the successful defense against the Motions before Judge Guthrie, J.S.C., drafted the Appellate Factum that was pleaded by Me Meland before the Court of Appeal. This case was conclusively decided by the Supreme Court of Canada in [2001] 3 S.C.R. 907 et 951.

Legal opinions on the status of Quebec law prepared and filed in foreign jurisdictions

Syntax Systems Ltd. vs. Mid Range Computer Group Inc. et al, Ontario Superior Court of Justice, File Number 03-CV-242629CM2

Opinion on non-solicitation and non-competition clauses and the legal and factual requirements in Quebec law, relating to provisional, interlocutory and permanent injunctions. The opinion was approximately 6,500 word (16 pages) and was filed into the Court record..

Brokerwood Products international (US) Inc. vs. Cuisine Crotone Inc., et al, New Orleans, Louisiana, USDC-ED No. 02-1152 Section "S" Mag Div.2

Affidavit on a question of Security for Costs in Quebec to contradict a clearly erroneous opinion filed by a Quebec Attorney.