Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
38837
Conférence des juges de la Cour du Québec, et al. v. Chief Justice, et al.
(Quebec) (Civil) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
Date | Proceeding | Filed By (if applicable) |
---|---|---|
2022-06-07 | Appeal closed | |
2022-06-07 | Order on miscellaneous motion, by the Chief Justice (sent to parties by email) | |
2022-06-07 |
Decision on miscellaneous motion, UPON APPLICATION by the Attorney General of Quebec for an order extending the suspension of the declaration of implementation of the Court’s opinion in Reference re Code of Civil Procedure (Que.), art. 35, 2021 SCC 27; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The time set out in Rule 76(1) of the Rules of the Supreme Court of Canada is extended pursuant to Rule 6(1) of the Rules. The motion for an order extending the suspension of the implementation of the Court’s opinion that art. 35 para. 1 of the Code of Civil Procedure, CQLR, c. C 25.01, is constitutionally invalid is granted, on a peremptory basis, for a period of twelve (12) months from the original deadline set by this Court in the judgment dated June 30, 2021. No further extension will be allowed. Granted |
|
2022-06-07 | Submission of miscellaneous motion | |
2022-06-06 | Response to miscellaneous motion, (Letter Form), Completed on: 2022-06-07 | Associate Chief Justice of the Superior Court of Quebec |
2022-06-02 | Correspondence received from, Francis Demers, Re: Assemblée nationale du Québec | Attorney General of Quebec |
2022-05-26 | Response to miscellaneous motion, (Letter Form), Completed on: 2022-05-27, (Printed version due on 2022-06-02) | Canadian Superior Courts Judges Association |
2022-05-25 | Response to miscellaneous motion, (Letter Form), Completed on: 2022-05-27, (Printed version due on 2022-06-01) | Canadian Council of Chief Judges |
2022-05-25 | Response to miscellaneous motion, (Letter Form), Completed on: 2022-05-27, (Printed version due on 2022-06-01) | Trial Lawyers Association of British Columbia |
2022-05-25 | Reply to miscellaneous motion, (Letter Form), Will not be filing a reply., Completed on: 2022-05-27, (Printed version due on 2022-06-01) | Attorney General of Quebec |
2022-05-24 | Response to miscellaneous motion, (Letter Form), Completed on: 2022-05-27, (Printed version due on 2022-05-31) | Canadian Association of Provincial Court Judges |
2022-05-24 | Response to miscellaneous motion, (Letter Form), Completed on: 2022-05-27, (Printed version filed on 2022-05-24) | Conseil de la magistrature du Québec |
2022-05-24 | Response to miscellaneous motion, (Letter Form), Completed on: 2022-05-27, (Printed version due on 2022-05-31) | Conférence des juges de la Cour du Québec |
2022-05-11 |
Notice of miscellaneous motion, (Book Form), Motion for an extension on the suspension in which the Court's opinion will take effect MISSING: Filing Fee, Incomplete, (Printed version filed on 2022-05-18) |
Attorney General of Quebec |
2021-06-30 | Formal judgment sent to the registrar of the court of appeal and all parties | |
2021-06-30 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
2021-06-30 |
Judgment on the appeal rendered, CJ Abe Mo Ka Côt Row Mar, The appeals from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-027083-179, 2019 QCCA 1492, dated September 12, 2019, heard on September 24, 2020, are dismissed without costs. Wagner C.J. and Rowe J. dissent in part and Abella J. dissents. Dismissed, without costs |
|
2020-10-14 | Transcript received, 197 pages | |
2020-09-24 | Judgment reserved OR rendered with reasons to follow | |
2020-09-24 |
Hearing of the appeal, 2020-09-24, CJ Abe Mo Ka Côt Row Mar Judgment reserved |
|
2020-09-23 | Appellant's condensed book, (Book Form) | Canadian Association of Provincial Court Judges |
2020-09-23 | Appellant's condensed book, (Book Form) | Attorney General of Quebec |
2020-09-23 | Appellant's condensed book, (Book Form) | Conférence des juges de la Cour du Québec |
2020-09-23 | Intervener's condensed book, (Book Form) | Attorney General of Canada |
2020-09-23 | Respondent's condensed book, (Book Form), (2 volumes) | Chief Justice |
2020-09-23 | Intervener's condensed book, (Book Form) | Canadian Council of Chief Judges |
2020-09-23 | Appellant's condensed book, (Book Form) | Conseil de la magistrature du Québec |
2020-09-11 | Notice of appearance, (Letter Form), Pierre Bienvenu, Ad. E. will appear before the court, and will present oral arguments. | Canadian Superior Courts Judges Association |
2020-09-10 |
Notice of appearance, (Letter Form), François Grondin and Guy J. Pratte will appear before the court. Mr. Grondin will present oral arguments. |
Conférence des juges de la Cour du Québec |
2020-09-10 |
Notice of appearance, (Letter Form), Ryan Dalziel will appear before the court, and will present oral arguments. |
Trial Lawyers Association of British Columbia |
2020-09-09 |
Notice of appearance, (Letter Form), P. Jonathan Faulds, Q.C.will appear before the court, and will present oral arguments. |
Canadian Council of Chief Judges |
2020-09-09 |
Notice of appearance, (Letter Form), Bernard Letarte will appear before the court, and will present oral arguments. |
Attorney General of Canada |
2020-09-09 |
Notice of appearance, (Letter Form), Audrey Mayrand and Jennifer Klinck will appear before the court. Ms. Mayrand will present oral arguments. |
Canadian Association of Provincial Court Judges |
2020-09-09 | Other book of authorities, (Book Form), Completed on: 2020-09-09 | Canadian Association of Provincial Court Judges |
2020-09-09 | Reply factum on appeal, (Book Form), Courtesy French version filed on September 17, 2020., Completed on: 2020-09-09 | Canadian Association of Provincial Court Judges |
2020-09-04 |
Notice of appearance, (Letter Form), Daniel Huffaker will appear before the court, and will present oral arguments. |
Attorney General of Ontario |
2020-09-04 |
Correspondence (sent by the Court) to, the parties. Letter from the Deputy Registrar. Direction for appearance at hearing. |
|
2020-09-02 | Notice of hearing sent to parties | |
2020-08-31 |
Notice of appearance, (Letter Form), Dominique Rousseau and Francis Demers will appear before the court. Mr. Rousseau will present oral arguments. |
Attorney General of Quebec |
2020-08-28 | Notice of appearance, (Letter Form), Mr. Sean Griffin and Mr. William J. Atkinson, Ph. D., Ad.E. will appear before the Court and will present oral arguments. | Chief Justice |
2020-08-27 |
Notice of appearance, (Letter Form), Gareth Morley will appear before the court, and will present oral arguments. |
Attorney General of British Columbia |
2020-08-26 | Order issued on motion for a stay of execution, by THE COURT | |
2020-08-26 |
Decision on the motion for a stay of execution, UPON APPLICATION by the appellant, Attorney General of Quebec, pursuant to section 65.1 of the Supreme Court Act and Rules 47 and 62 of the Rules of the Supreme Court of Canada, for an order staying the judgment of the Court of Appeal of Quebec for the first reference question, Number 500-09-027083-179, 2019 QCCA 1492, dated September 12, 2019, as of September 12, 2020, and until the appeal is disposed of; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Kasirer J. took no part in this motion. Granted |
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2020-08-26 | Submission of motion for a stay of execution | |
2020-08-25 | Notice of change of counsel, (Letter Form) | Organisme d'autoréglementation du courtage immobilier du Québec (OACIQ) |
2020-08-25 |
Appeal hearing scheduled, 2020-09-24, (previous hearing date was April 15, 2020, but hearing was adjourned in March 2020 due to Covid-19). Revised on January 8, 2020 The schedule for serving and filing the material is set as follows: a) The records, factums and books of authorities, if any, of the appellants, Conférence des juges de la Cour du Québec, the Attorney General of Quebec, Conseil de la magistrature du Québec, the Canadian Association of Provincial Court Judges and Chief Justice, Senior Associate Chief Justice and Associate Chief Justice of the Superior Court of Quebec, shall be served and filed on or before December 10, 2019. b) Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before January 20, 2020. c) The appellants, Conférence des juges de la Cour du Québec, the Attorney General of Quebec, Conseil de la magistrature du Québec, the Canadian Association of Provincial Court Judges and Chief Justice, Senior Associate Chief Justice and Associate Chief Justice of the Superior Court of Quebec, and respondents, Chief Justice, Senior Associate Chief Justice and Associate Chief Justice of the Superior Court of Quebec, and the Attorney General of Quebec, shall serve and file their responses, if any, to the motions for leave to intervene on or before January 30, 2020. d) Replies to any responses to the motions for leave to intervene shall be served and filed on or before February 6, 2020. e) Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before March 23, 2020. f) The interveners referred to in subparagraph 22(3)c)(i) of the Rules of the Supreme Court of Canada, the Attorney General of Quebec, Conseil de la magistrature du Québec, the Canadian Association of Provincial Court Judges, Organisme d’autoréglementation du courtage immobilier du Québec and Conférence des juges de la Cour du Québec, shall serve and file their factum and book of authorities, if any, on or before February 3, 2020. g) Any attorney general intervening in the appeal under Rule 33(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities, if any, on or before March 11, 2020. h) The records, factums and books of authorities, if any, of the respondents, Chief Justice, Senior Associate Chief Justice and Associate Chief Justice of the Superior Court of Quebec and the Attorney General of Quebec, shall be served and filed on or before February 17, 2020. Judgment reserved |
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2020-08-17 | Correspondence (sent by the Court) to, all parties; information regarding the appeal hearing in this matter. | |
2020-08-12 |
Notice of appearance, (Letter Form), Will not be appearing before the Court. Will rely on their written submissions only. |
Attorney General of Alberta |
2020-08-12 |
Notice of appearance, (Letter Form), AMENDED Notice - Marc-André Fabien, Ad. E. and Vincent Cérat Lagana will appear before the court, will both present oral arguments. |
Conseil de la magistrature du Québec |
2020-07-14 | Reply factum on appeal, (Book Form), Completed on: 2020-07-14, (Printed version filed on 2021-02-11) | Attorney General of Quebec |
2020-06-19 | Response to the motion for a stay of execution, (Letter Form), Completed on: 2020-06-19, (Printed version due on 2020-06-26) | Conseil de la magistrature du Québec |
2020-06-19 | Response to the motion for a stay of execution, (Letter Form), Completed on: 2020-06-19, (Printed version due on 2020-06-26) | Chief Justice |
2020-06-18 | Response to the motion for a stay of execution, (Letter Form), Completed on: 2020-06-18, (Printed version due on 2020-06-25) | Canadian Association of Provincial Court Judges |
2020-06-17 | Response to the motion for a stay of execution, (Letter Form), Completed on: 2020-06-17, (Printed version due on 2020-06-24) | Conférence des juges de la Cour du Québec |
2020-06-12 |
Motion for a stay of execution, (Book Form), MISSING: filing fee, Incomplete, (Printed version due on 2020-06-19) |
Attorney General of Quebec |
2020-05-15 | Order on motion for additional time to present oral argument, by the Chief Justice (sent to parties by email) | |
2020-05-15 |
Decision on motion for additional time to present oral argument, CJ, UPON APPLICATIONS by the Attorney General of Quebec and the Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Superior Court of Quebec for an order granting additional time to present oral argument at the hearing of the appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions are granted in part. The Attorney General of Quebec is granted permission to present oral argument not exceeding forty (40) minutes at the hearing of the appeals. Conférence des juges de la Cour du Québec, Conseil de la magistrature du Québec and the Association of Provincial Court Judges are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeals. The Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Superior Court of Quebec are granted permission to present oral argument not exceeding ninety (90) minutes at the hearing of the appeals. The Attorney General of Quebec is granted permission to present oral argument for the reply not exceeding ten (10) minutes at the hearing of the appeals. The Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Superior Court of Quebec are granted permission to present oral argument for the reply not exceeding five (5) minutes at the hearing of the appeals. Allowed in part |
|
2020-05-15 | Submission of motion for additional time to present oral argument, (2 motions), CJ | |
2020-05-08 | Supplemental document, (Letter Form), Letter dated February 5, 2020, in support of motion for additional time to present oral argument., Completed on: 2020-05-08, (Printed version due on 2020-05-15) | Chief Justice |
2020-05-08 |
Correspondence received from, (Letter Form), Véronique Roy. Request to add letter dated February 5, 2020, in support of motion for additional time to present oral argument., (Printed version due on 2020-05-15) |
Chief Justice |
2020-05-08 | Response to the motion for additional time to present oral argument, (Letter Form), Completed on: 2020-05-08, (Printed version due on 2020-05-15) | Conseil de la magistrature du Québec |
2020-05-06 |
Correspondence received from, (Letter Form), Véronique Roy No comments with regards to the motion for additional time to present oral argument filed by the Attorney General of Quebec on March 11, 2020., (Printed version due on 2020-05-13) |
Chief Justice |
2020-05-06 | Correspondence (sent by the Court) to, the parties. New tentative hearing date set for September 24, 2020 (previous hearing date was April 15, 2020, but hearing was adjourned in March 2020 due to Covid-19). | |
2020-03-30 | Response to the motion for additional time to present oral argument, (Letter Form), Completed on: 2020-03-30, (Printed version due on 2020-04-06) | Attorney General of Quebec |
2020-03-24 |
Notice of appearance, (Letter Form), Marc-André Fabien, Vincent Cérat Lagana and Jesse Hartery will appear before the court. Mr. Fabien and Mr. Cérat Lagana will present oral arguments. |
Conseil de la magistrature du Québec |
2020-03-24 | Correspondence received from, (Letter Form), Véronique Roy. Letter with regards to the hearing scheduled on April 15 and the current COVID-19 situation., (Printed version due on 2020-03-31) | Chief Justice |
2020-03-23 |
Notice of appearance, (Letter Form), Daniel Huffaker will appear before the court, and will present oral arguments. |
Attorney General of Ontario |
2020-03-23 | Intervener's factum, (Book Form), Completed on: 2020-03-23 | Canadian Superior Courts Judges Association |
2020-03-23 | Intervener's factum, (Book Form), Completed on: 2020-03-23 | Trial Lawyers Association of British Columbia |
2020-03-20 |
Notice of appearance, (Letter Form), J. Gareth Morley and Zachary Froese will appear before the court. Mr. Morley will present oral arguments. |
Attorney General of British Columbia |
2020-03-20 | Intervener's factum, (Book Form), Completed on: 2020-03-20 | Canadian Council of Chief Judges |
2020-03-19 |
Motion for additional time to present oral argument, (Book Form), MISSING: filing fee, Incomplete, (Printed version due on 2020-03-26) |
Chief Justice |
2020-03-11 | Motion for additional time to present oral argument, (Book Form), MISSING: filing fee (received 2020-03-12), Incomplete, (Printed version filed on 2020-03-12) | Attorney General of Quebec |
2020-03-11 | Intervener's factum, (Book Form), Completed on: 2020-03-11 | Attorney General of Alberta |
2020-03-11 | Intervener's book of authorities, (Book Form), Completed on: 2020-03-11 | Attorney General of Canada |
2020-03-11 | Intervener's factum, (Book Form), Completed on: 2020-03-11 | Attorney General of Canada |
2020-03-11 | Intervener's book of authorities, (Book Form), Completed on: 2020-03-11 | Attorney General of British Columbia |
2020-03-11 | Intervener's factum, (Book Form), Completed on: 2020-03-11 | Attorney General of British Columbia |
2020-03-11 | Notice of hearing sent to parties | |
2020-03-10 | Intervener's factum, (Book Form), Completed on: 2020-03-10 | Attorney General of Ontario |
2020-02-20 | Order on motion for leave to intervene, by Justice Rowe | |
2020-02-20 |
Decision on the motion for leave to intervene, Row, UPON APPLICATIONS by the Canadian Council of Chief Judges, the Trial Lawyers Association of British Columbia and the Canadian Superior Courts Judges Association for leave to intervene in the first four (4) above appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are granted and the said three (3) interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before March 23, 2020. The said three (3) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals. The Attorney General of Quebec, the Chief Justice, Senior Associate Chief Justice and Associate Chief Justice of the Superior Court of Quebec and the Canadian Association of Provinicial Court Judges are each granted permission to serve and file a single factum in response to all interventions not to exceed ten (10) pages in length on or before March 30, 2020. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. The Canadian Council of Chief Judges may however rely on the affidavit of Chief Justice Terrence J. Matchett. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and the respondents any additional disbursements resulting from their interventions. IT IS HEREBY FURTHER ORDERED THAT: The attorneys general intervening in the appeals under Rule 33(4) of the Rules of the Supreme Court of Canada, the Attorney General of Canada, the Attorney General of Ontario, the Attorney General of British Columbia and the Attorney General of Alberta, are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeals. Granted |
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2020-02-20 | Submission of motion for leave to intervene, (3 motions), Row | |
2020-02-18 | Correspondence received from, (Letter Form), RE: Amended intervener factum | Conférence des juges de la Cour du Québec |
2020-02-17 | Certificate of counsel (attesting to record), (Letter Form) | Chief Justice |
2020-02-17 | Respondent's record, (Book Form), Completed on: 2020-02-17 | Chief Justice |
2020-02-17 | Respondent's book of authorities, (Book Form), (2 volumes), Completed on: 2020-02-17 | Chief Justice |
2020-02-17 | Respondent's factum, (Book Form), Completed on: 2020-02-17 | Chief Justice |
2020-02-13 | Respondent's factum, (Book Form), Missing: Proof of Service (rec' 02/18/20), Completed on: 2020-02-18 | Attorney General of Quebec |
2020-02-05 | Correspondence received from | Associate Chief Justice of the Superior Court of Quebec |
2020-02-03 | Intervener's factum, (Letter Form), AMENDED FACTUM rec' February 18, 2020, Completed on: 2020-02-19 | Conférence des juges de la Cour du Québec |
2020-02-03 | Intervener's book of authorities, (Book Form), Completed on: 2020-02-03 | Canadian Association of Provincial Court Judges |
2020-02-03 | Intervener's factum, (Book Form), Courtesy copies filed on May 15, 2020., Completed on: 2020-02-03 | Canadian Association of Provincial Court Judges |
2020-02-03 | Intervener's factum, (Book Form), Completed on: 2020-02-03 | Conseil de la magistrature du Québec |
2020-01-31 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-02-11 | Chief Justice |
2020-01-30 | Response to the motion for leave to intervene, (Letter Form), dated January 30, 2020 (joint-3 motions), Completed on: 2020-01-30 | Conférence des juges de la Cour du Québec |
2020-01-30 | Response to the motion for leave to intervene, (Letter Form), dated January 29, 2020 (to all three motions), Completed on: 2020-01-30 | Attorney General of Quebec |
2020-01-20 | Notice of name, (Letter Form) | Canadian Superior Courts Judges Association |
2020-01-20 | Motion for leave to intervene, (Book Form), First question only., Completed on: 2020-01-20 | Canadian Superior Courts Judges Association |
2020-01-20 | Notice of name, (Letter Form) | Trial Lawyers Association of British Columbia |
2020-01-20 | Motion for leave to intervene, (Book Form), First question only., Completed on: 2020-01-20 | Trial Lawyers Association of British Columbia |
2020-01-20 | Notice of name, (Letter Form) | Canadian Council of Chief Judges |
2020-01-20 | Motion for leave to intervene, (Book Form), First question only., Completed on: 2020-01-20 | Canadian Council of Chief Judges |
2020-01-14 | Order on motion to extend time to serve and/or file notice of appeal, by MARTIN J. | |
2020-01-14 |
Decision on motion to extend time to serve and/or file notice of appeal, Mar, À LA SUITE DE LA DEMANDE présentée par l’appelant, le Conseil de la magistrature du Québec, en vue d’obtenir la prorogation du délai de signification et de dépôt de son avis d’appel amendé au 9 décembre 2019; ET APRÈS EXAMEN des documents déposés; IL EST ORDONNÉ CE QUI SUIT : La requête est accueillie. Granted |
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2020-01-14 | Submission of motion to extend time to serve and/or file notice of appeal submitted, Mar | |
2019-12-18 |
Correspondence received from, (Letter Form), Jasmine Leindecker (for Karen Perron) Request for clarification of filing deadlines. |
Conférence des juges de la Cour du Québec |
2019-12-17 | Response to motion to extend time, (Letter Form), Completed on: 2019-12-19, (Printed version due on 2019-12-24) | Attorney General of Quebec |
2019-12-10 | Appellant's record, (Book Form), Missing: Form 24A, Incomplete | Canadian Association of Provincial Court Judges |
2019-12-10 | Appellant's book of authorities, (Book Form), Completed on: 2019-12-10 | Canadian Association of Provincial Court Judges |
2019-12-10 |
Appellant's factum, (Book Form), Missing: New covers pages Courtesy French copies filed May 15, 2020., Incomplete |
Canadian Association of Provincial Court Judges |
2019-12-10 | Certificate of counsel (attesting to record), (Letter Form) | Conférence des juges de la Cour du Québec |
2019-12-10 | Appellant's record, (Book Form), (2 volumes), Completed on: 2019-12-10 | Conférence des juges de la Cour du Québec |
2019-12-10 | Appellant's book of authorities, (Book Form), (2 volumes), Completed on: 2019-12-10 | Conférence des juges de la Cour du Québec |
2019-12-10 | Appellant's factum, (Book Form), Completed on: 2019-12-10 | Conférence des juges de la Cour du Québec |
2019-12-10 | Appellant's book of authorities, (Book Form), (2 volumes), Completed on: 2019-12-10 | Conseil de la magistrature du Québec |
2019-12-10 | Appellant's factum, (Book Form), Completed on: 2019-12-10 | Conseil de la magistrature du Québec |
2019-12-10 | Certificate of counsel (attesting to record), (Letter Form) | Chief Justice |
2019-12-10 | Certificate (on limitations to public access), (Letter Form) | Chief Justice |
2019-12-10 | Appellant's record, (Book Form), (2 volumes), Completed on: 2019-12-10 | Chief Justice |
2019-12-10 | Appellant's book of authorities, (Book Form), Completed on: 2019-12-10 | Chief Justice |
2019-12-10 | Appellant's factum, (Book Form), Completed on: 2019-12-10 | Chief Justice |
2019-12-10 | Certificate of counsel (attesting to record), (Letter Form) | Attorney General of Quebec |
2019-12-10 | Appellant's record, (Book Form), (7 volumes), Completed on: 2019-12-10 | Attorney General of Quebec |
2019-12-09 | Motion to extend the time to serve and/or file the notice of appeal, (Book Form), to serve and file an amended notice of appeal, Completed on: 2019-12-09 | Conseil de la magistrature du Québec |
2019-12-09 | Appellant's book of authorities, (Book Form), Completed on: 2019-12-13 | Attorney General of Quebec |
2019-12-09 | Appellant's factum, (Book Form), Completed on: 2019-12-13 | Attorney General of Quebec |
2019-12-02 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
2019-11-19 |
Correspondence received from, (Letter Form), Audrey Mayrand. Letter requesting direction for the filing deadline of the appellant's appeal documents. |
Canadian Association of Provincial Court Judges |
2019-11-08 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-11-08 | Attorney General of Alberta |
2019-11-08 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-11-08 | Attorney General of Canada |
2019-11-07 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-11-07 | Attorney General of British Columbia |
2019-11-07 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-11-07 | Attorney General of Ontario |
2019-10-29 | Notice of change of counsel, Modification to the list of counsel and change of agent | Attorney General of British Columbia |
2019-10-18 | Letter acknowledging receipt of a notice of appeal, for all five appeals | |
2019-10-15 | Certificate (on limitations to public access), (Letter Form), 23A | Chief Justice |
2019-10-15 |
Notice of constitutional question(s), (Letter Form), Attorneys General served on October 11, 2019, Completed on: 2019-10-15 |
Chief Justice |
2019-10-15 |
Notice of appeal, (Letter Form), FIFTH APPEAL, Completed on: 2019-10-15 |
Chief Justice |
2019-10-11 | Notice of name, (Letter Form) | Canadian Association of Provincial Court Judges |
2019-10-11 | Certificate (if inappropriate for a judge to take part in adjudication), (Letter Form), 23C | Canadian Association of Provincial Court Judges |
2019-10-11 | Certificate (on limitations to public access), (Letter Form), 23A | Canadian Association of Provincial Court Judges |
2019-10-11 |
Notice of constitutional question(s), (Letter Form), Attorneys General served on October 11, 2019, Completed on: 2019-10-11 |
Canadian Association of Provincial Court Judges |
2019-10-11 |
Notice of appeal, (Letter Form), FOURTH APPEAL, Completed on: 2019-10-11 |
Canadian Association of Provincial Court Judges |
2019-10-10 | Notice of name, (Letter Form) | Conseil de la magistrature du Québec |
2019-10-10 | Certificate (on limitations to public access), (Letter Form), 23A | Conseil de la magistrature du Québec |
2019-10-10 |
Notice of constitutional question(s), (Letter Form), -Attorney General of Manitoba served on October 18, 2019 -All other Attorneys General served on October 10, 2019 -Proof of service on the Attorney General of Manitoba missing (reçue le 18 octobre 2019), Completed on: 2019-10-18 |
Conseil de la magistrature du Québec |
2019-10-10 |
Notice of appeal, (Letter Form), Amended notice appeal was filed on December 9, 2019 THIRD APPEAL Filing fee missing (received on October 18, 2019) , Completed on: 2019-10-18 |
Conseil de la magistrature du Québec |
2019-10-10 | Certificate (on limitations to public access), (Letter Form), 23A | Attorney General of Quebec |
2019-10-10 |
Notice of constitutional question(s), (Letter Form), All Attorneys General served on October 10, 2019, Completed on: 2019-10-10 |
Attorney General of Quebec |
2019-10-10 |
Notice of appeal, (Letter Form), SECOND APPEAL Filing fee missing (received October 18, 2019) , Completed on: 2019-10-18 |
Attorney General of Quebec |
2019-10-10 | Notice of name, (Letter Form) | Conférence des juges de la Cour du Québec |
2019-10-10 | Certificate (on limitations to public access), (Letter Form), 23A | Conférence des juges de la Cour du Québec |
2019-10-10 |
Notice of constitutional question(s), (Letter Form), Attorneys General served on October 10, 2019 Electronic version missing (rec' 12/10/19), Completed on: 2019-10-18 |
Conférence des juges de la Cour du Québec |
2019-10-10 |
Notice of appeal, (Book Form), FIRST APPEAL Electronic version missing, Completed on: 2019-10-18 |
Conférence des juges de la Cour du Québec |
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 |
---|---|---|
Conférence des juges de la Cour du Québec | Appellant | Active |
v.
Name | Role | Status |
---|---|---|
Chief Justice | Respondent | Active |
Senior Associate Chief Justice | Respondent | Active |
Associate Chief Justice of the Superior Court of Quebec | Respondent | Active |
And Between
Name | Role | Status |
---|---|---|
Attorney General of Quebec | Appellant | Active |
v.
Name | Role | Status |
---|---|---|
Chief Justice | Respondent | Active |
Senior Associate Chief Justice | Respondent | Active |
Associate Chief Justice of the Superior Court of Quebec | Respondent | Active |
And Between
Name | Role | Status |
---|---|---|
Conseil de la magistrature du Québec | Appellant | Active |
v.
Name | Role | Status |
---|---|---|
Chief Justice | Respondent | Active |
Senior Associate Chief Justice | Respondent | Active |
Associate Chief Justice of the Superior Court of Quebec | Respondent | Active |
And Between
Name | Role | Status |
---|---|---|
Canadian Association of Provincial Court Judges | Appellant | Active |
v.
Name | Role | Status |
---|---|---|
Chief Justice | Respondent | Active |
Senior Associate Chief Justice | Respondent | Active |
Associate Chief Justice of the Superior Court of Quebec | Respondent | Active |
And Between
Name | Role | Status |
---|---|---|
Chief Justice | Appellant | Active |
Senior Associate Chief Justice | Appellant | Active |
Associate Chief Justice of the Superior Court of Quebec | Appellant | Active |
v.
Name | Role | Status |
---|---|---|
Attorney General of Quebec | Respondent | Active |
Other parties
Name | Role | Status |
---|---|---|
Attorney General of Canada | Intervener | Active |
Attorney General of Ontario | Intervener | Active |
Attorney General of Quebec | Intervener | Active |
Attorney General of British Columbia | Intervener | Active |
Attorney General of Alberta | Intervener | Active |
Conseil de la magistrature du Québec | Intervener | Active |
Canadian Association of Provincial Court Judges | Intervener | Active |
Organisme d'autoréglementation du courtage immobilier du Québec (OACIQ) | Intervener | Active |
Conférence des juges de la Cour du Québec | Intervener | Active |
Chief Justice | Intervener | Active |
Senior Associate Chief Justice | Intervener | Active |
Associate Chief Justice of the Superior Court of Quebec | Intervener | Active |
Canadian Council of Chief Judges | Intervener | Active |
Trial Lawyers Association of British Columbia | Intervener | Active |
Canadian Superior Courts Judges Association | Intervener | Active |
Counsel
Party: Conférence des juges de la Cour du Québec
Counsel
François Grondin
Anaïs Bussières McNicoll
1000 rue de La Gauchetière Ouest
Bureau 900
Montréal, Quebec
H3B 5H4
Telephone: (416) 350-2638
FAX: (514) 954-1905
Email: gpratte@blg.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Chief Justice
Counsel
Sean Griffin
William J. Atkinson, Ph.D., Ad.E.
1250 boul René-Lévesque Ouest 20e étage
Montréal, Quebec
H3B 4W8
Telephone: (514) 842-9512
FAX: (514) 845-6573
Email: veronique.roy@langlois.ca
Agent
220, avenue Laurier Ouest
Bureau 350
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 564-8272
FAX: (613) 565-2087
Email: gpoliquin@plaideurs.ca
Party: Senior Associate Chief Justice
Counsel
Sean Griffin
William J. Atkinson, Ph.D., Ad.E.
1250 boul René-Lévesque Ouest 20e étage
Montréal, Quebec
H3B 4W8
Telephone: (514) 842-9512
FAX: (514) 845-6573
Email: veronique.roy@langlois.ca
Agent
220, avenue Laurier Ouest
Bureau 350
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 564-8272
FAX: (613) 565-2087
Email: gpoliquin@plaideurs.ca
Party: Associate Chief Justice of the Superior Court of Quebec
Counsel
Sean Griffin
William J. Atkinson, Ph.D., Ad.E.
1250 boul René-Lévesque Ouest 20e étage
Montréal, Quebec
H3B 4W8
Telephone: (514) 842-9512
FAX: (514) 845-6573
Email: veronique.roy@langlois.ca
Agent
220, avenue Laurier Ouest
Bureau 350
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 564-8272
FAX: (613) 565-2087
Email: gpoliquin@plaideurs.ca
Party: Attorney General of Quebec
Counsel
Francis Demers
Jean-Yves Bernard
Bureau 1.03
300,boul. Jean-Lesage
Québec, Quebec
G1K 8K6
Telephone: (418) 649-3524 Ext: 42072
FAX: (418) 646-1656
Email: dominique.rousseau@justice.gouv.qc.ca
Agent
225, montée Paiment
2e étage
Gatineau, Quebec
J8P 6M7
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Conseil de la magistrature du Québec
Counsel
Vincent Cérat Lagana
Tour de la Bourse, suite 3500
800, Rue du Square Victoria
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-7400
FAX: (514) 397-7600
Email: mfabien@fasken.com
Agent
55 rue Metcalfe
Bureau 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6904
FAX: (613) 230-6423
Email: sarseneault@fasken.com
Party: Canadian Association of Provincial Court Judges
Counsel
Mark C. Power
Jennifer A. Klinck
130 rue albert bureau 1103
Ottawa, Ontario
K1P 5G4
Telephone: (514) 367-0841
FAX: (514) 367-0874
Email: amayrand@juristespower.ca
Agent
50, rue O'Connor, bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5573
FAX: (613) 702-5573
Email: mvincelette@juristespower.ca
Party: Attorney General of Canada
Counsel
Ian Demers
Lindy Rouillard-Labbé
Bureau régional du Québec (Ottawa)
284, rue Wellington, TSA-06
Ottawa, Ontario
K1A 0H8
Telephone: (613) 946-2776
FAX: (613) 952-6006
Email: bernard.letarte@justice.gc.ca
Agent
Civil Litigation Branch, East Tower
234 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: crupar@justice.gc.ca
Party: Attorney General of British Columbia
Counsel
J. Gareth Morley
1001 Douglas Street, 6th Floor
P.O. Box 9280, Station Prov. Govt.
Victoria, British Columbia
V8W 9J7
Telephone: (250) 952-7559
FAX: (250) 356-9154
Email: zachary.froese@gov.bc.ca
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Organisme d'autoréglementation du courtage immobilier du Québec (OACIQ)
Counsel
Julie Blouin
4905, boul. Lapinière, bur. 2200
Brossard, Quebec
J4Z 0G2
Telephone: (450) 462-9800 Ext: 8525
Email: stisserand@oaciq.com
Party: Attorney General of Ontario
Counsel
Daniel Huffaker
720 Bay Street, 4th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 894-5276
FAX: (416) 326-4015
Email: sarah.kraicer@ontario.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Attorney General of Alberta
Counsel
10th Floor, 102A Tower
10025 - 102A Avenue
Edmonton, Alberta
T5J 2Z2
Telephone: (780) 422-6619
FAX: (780) 643-0852
Email: randy.steele@gov.ab.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Canadian Council of Chief Judges
Counsel
Scott A. Matheson
2500 Enbridge Centre
10175 – 101 Street NW
Edmonton, Alberta
T5J 0H3
Telephone: (780) 423-7625
FAX: (780) 428-9329
Email: jfaulds@fieldlaw.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Trial Lawyers Association of British Columbia
Counsel
Aubin P. Calvert
2100 - 1040 West Georgia Street
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 891-2400
FAX: (604) 647-4554
Email: rdalziel@litigationchambers.com
Agent
45 O'Connor Street
Suite 1500
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8654
FAX: (613) 230-5459
Email: matthew.halpin@nortonrosefulbright.com
Party: Canadian Superior Courts Judges Association
Counsel
Azim Hussain
Caroline Bélair
1, Place Ville Marie
Bureau 2500
Montréal, Quebec
H3B 1R1
Telephone: (514) 847-4747
FAX: (514) 286-5474
Email: pierre.bienvenu@nortonrosefulbright.com
Agent
45 O'Connor Street
Suite 1500
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8654
FAX: (613) 230-5459
Email: matthew.halpin@nortonrosefulbright.com
Summary
Keywords
Constitutional law - Courts - Limit of exclusive monetary jurisdiction of Court of Québec - Obligation of judicial deference with respect to appeals to Court of Québec - Code of Civil Procedure, CQLR, c. C-25.01, art. 35 - Constitution Act, 1867, ss. 92(14) and 96.
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.
By order in council No. 880-2017 of August 30, 2017, the government of Quebec referred the following two questions to the Quebec Court of Appeal:
1. Are the provisions of the first paragraph of article 35 of the Code of Civil Procedure, CQLR, c. C-25.01, setting at less than $85,000 the limit to the exclusive monetary jurisdiction of the Court of Québec valid having regard to section 96 of the Constitution Act, 1867 given the jurisdiction of Quebec over the administration of justice under subsection 92(14) of the Constitution Act, 1867?
2. Is it consistent with section 96 of the Constitution Act, 1867 to apply the obligation of judicial deference, which characterizes the application for judicial review, to the appeals to the Court of Québec provided for in sections 147 of the Act respecting Access to documents held by public bodies and the Protection of personal information, CQLR, c. A-2.1, 115.16 of the Act respecting the Autorité des marchés financiers, CQLR, c. A-33.2, 100 of the Real Estate Brokerage Act, CQLR, c. C-73.2, 379 of the Act respecting the distribution of financial products and services, CQLR, c. D-9.2, 159 of the Act respecting administrative justice, CQLR, c. J-3, 240 and 241 of the Police Act, CQLR, c. P-13.1, 91 of the Act respecting the Régie du logement, CQLR, c. R-8.1, and 61 of the Act respecting the protection of personal information in the private sector, CQLR, c. P-39.1?
The Court of Appeal answered “no” to the first question, finding that art. 35 para. 1 infringes on the core jurisdiction of the Quebec Superior Court to decide certain substantive disputes in civil matters. To be consistent with s. 96 of the Constitution Act, 1867, the maximum limit for the civil jurisdiction of the Court of Québec must fall between $55,000 and $70,000, subject to future updates. On the second question, the Court of Appeal answered “yes”, because none of the legislative schemes in question eliminates the superintending and reforming power of the Superior Court over decisions made by the Court of Québec sitting in appeal and because the Superior Court retains its fundamental role as the guardian of an independent and unified system of justice in Canada. A duplication of the powers of the Court of Québec and the Superior Court makes the system more cumbersome and perhaps stands contrary to the objectives of administrative justice, but this is insufficient to hold that a legislative grant of power is unconstitutional.
Lower court rulings
Court of Appeal of Quebec (Montréal)
2019 QCCA 1492, 500-09-027083-179
Two questions submitted by the Government of Quebec by reference pursuant to Order in Council No. 880-2017 answered
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