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.
32608
Attorney General of Quebec v. Anabelle Lacombe, et al.
(Quebec) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2010-11-01 | Appeal closed | |
| 2010-10-18 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2010-10-18 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2010-10-15 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-09-005546-061, 2008 QCCA 426, dated March 4, 2008, heard on October 14, 2009, is dismissed with costs to the respondents, Deschamps J. dissenting. The amendments brought by by-law 260 of the Municipality of Sacré-Coeur to ss. 4.1 and 4.2 of and Schedule B to by-law 210 of that municipality are ultra vires. Dismissed, with costs |
|
| 2010-04-06 | Correspondence received from, Bernard Letarte re: confirming he now represents the Attorney General of Canada - joint with 32604 (by fax) | Attorney General of Canada |
| 2009-11-03 | Transcript received, (100 pages) | |
| 2009-10-14 | Judgment reserved OR rendered with reasons to follow | |
| 2009-10-14 | Intervener's condensed book, Submitted in Court - Joint with 32604 (14 copies) | Greater Toronto Airports Authority |
| 2009-10-14 | Intervener's condensed book, Submitted in Court - Joint with 32604 (14 copies) | Attorney General of Ontario |
| 2009-10-14 | Intervener's condensed book, Submitted in Court - Joint with 32604 (14 copies) | Attorney General of Canada |
| 2009-10-14 | Respondent's condensed book, Submitted in Court (14 copies) | Anabelle Lacombe |
| 2009-10-14 | Respondent's condensed book, Submitted in Court - Joint with 32604 (14 copies) | Canadian Owners and Pilots Association |
| 2009-10-14 | Appellant's condensed book, Submitted in Court - Joint with 32604 (14 copies) | Attorney General of Quebec |
| 2009-10-14 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2009-10-14 |
Hearing of the appeal, 2009-10-14, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2009-10-01 | Notice of appearance, Pierre J. Beauchamp, Dan Cornell and Emma Beauchamp will be appearing, Pierre J. Beauchamp will be making the oral submissions in english. | Canadian Owners and Pilots Association |
| 2009-09-22 |
Order by, Cha, FURTHER TO THE ORDER dated July 9, 2009, granting leave to intervene to the Greater Toronto Airports Authority; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals. IT IS ALSO HEREBY FURTHER ORDERED THAT the said interveners, Commission de protection du territoire agricole du Québec and the City of Shawinigan, are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals. Granted |
|
| 2009-09-22 | Order on motion to extend time | |
| 2009-09-22 |
Decision on motion to extend time, to serve and file the factum and book of authorities of the intervener, Greater Toronto Airports Authority, to Sept. 4/09 and to present oral argument at the hearing of these appeals, Cha Granted |
|
| 2009-09-22 | Submission of motion to extend time, Cha | |
| 2009-09-18 | Notice of appearance, Richard Butler and Jean Walters will be present at the hearing. | Attorney General of British Columbia |
| 2009-09-18 | Notice of appearance, Hart Schwartz and Josh Hunter will be present at the hearing. | Attorney General of Ontario |
| 2009-09-17 | Notice of appearance, Ginette Gobeil and Claude Joyal will be present at the hearing. | Attorney General of Canada |
| 2009-09-17 | Notice of appearance, Mahmud Jamal will be present at the hearing. | Greater Toronto Airports Authority |
| 2009-09-17 | Response to motion to extend time, (Letter Form), from Mathieu Quenneville dated Sept. 16/09, Completed on: 2009-09-17 | Anabelle Lacombe |
| 2009-09-17 | Notice of appearance, Mathieu Quenneville and Yvan Biron will be present at the hearing. | Anabelle Lacombe |
| 2009-09-14 | Notice of appearance, Alain Gingras and Sébastien Rochette will be present at the hearing. | Attorney General of Quebec |
| 2009-09-14 | Response to motion to extend time, from Pierre Landry dated Sept. 14/09 (joint with 32604), Completed on: 2009-09-14 | Attorney General of Quebec |
| 2009-09-11 | Response to motion to extend time, (Letter Form), from Pierre J. Beauchamp dated Sept. 11/09 (joint with 32604), Completed on: 2009-09-11 | Canadian Owners and Pilots Association |
| 2009-09-09 | Motion to extend time, to serve and file the intervener's factum and book of authorities to Sept. 4/09 and to present oral argument atr the hearing of the appeal (bookform) (joint with 32604), Completed on: 2009-09-09 | Greater Toronto Airports Authority |
| 2009-09-04 | Intervener's book of authorities, Ext. of time requested - Rec'd on Sept. 9, 2009 (Joint with 32604), Completed on: 2009-09-09 | Greater Toronto Airports Authority |
| 2009-09-04 | Intervener's factum, Ext. of time requested - Rec'd on Sept. 9, 2009 (Joint with 32604), Completed on: 2009-09-09 | Greater Toronto Airports Authority |
| 2009-09-04 | Notice of appearance, Gaetan Migneault will be appearing | Attorney General of New Brunswick |
| 2009-09-01 | Correspondence received from, M. Quenneville dated Aug. 31/09 re: requesting more time for oral argument (+10 minutes) (by fax - original rec'd Sept. 3/09) | Anabelle Lacombe |
| 2009-08-28 | Order on motion to extend time | |
| 2009-08-28 |
Decision on motion to extend time, Cha, to serve and file A.G.B.C.'s factum and book of authorities to August 13, 2009 and to present oral argument at the hearing of the appeals; and to file its Book of Authorities as printed, namely without the page numbering. Granted |
|
| 2009-08-28 | Submission of motion to extend time, Cha | |
| 2009-08-21 | Motion to extend time, (Amended) to file the intervener's factum and authorities to Aug. 13/09, to permit the filing of the authorities without page numbering and to permit oral argument at the hearing of the appeals (joint with 32604), Completed on: 2009-08-21 | Attorney General of British Columbia |
| 2009-08-18 | Response to motion to extend time, (Letter Form), from Frédérick Langlois dated Aug. 18/09, Completed on: 2009-08-18 | Attorney General of Quebec |
| 2009-08-14 | Affidavit, of service of factum and authorities upon Municipalité du Sacré-Coeur | Attorney General of New Brunswick |
| 2009-08-13 | Motion to extend time, to file the intervener's factum and authorities to Aug. 13/09 and to permit oral argument at the hearing of the appeals (joint with 32604) (SEE Amended motion filed Aug. 21/09), Completed on: 2009-08-13 | Attorney General of British Columbia |
| 2009-08-13 | Intervener's book of authorities, Joint with 32604 and extenstion of time filed - CD rec'd Aug. 20/09, Completed on: 2009-08-25 | Attorney General of British Columbia |
| 2009-08-13 | Intervener's factum - AG on constitutional question, Joint with 32604 and extension of time filed - CD rec'd Aug. 20/09, Completed on: 2009-08-25 | Attorney General of New Brunswick |
| 2009-08-13 | Notice of hearing sent to parties | |
| 2009-08-11 |
Appeal hearing scheduled, 2009-10-14, (Starting time 9:00 a.m.) Judgment reserved |
|
| 2009-07-20 | Intervener's book of authorities, Completed on: 2009-07-20 | Attorney General of Ontario |
| 2009-07-20 | Intervener's factum - AG on constitutional question, Completed on: 2009-07-20 | Attorney General of Ontario |
| 2009-07-20 | Correspondence received from, Municipality of Sacré-Coeur dated June 30/09 re: not represented by Me Charles A. Veilleux and does not want to participate in the appeal (served upon parties July 27/09) | Municipalité de Sacré-Coeur |
| 2009-07-16 | Intervener's book of authorities, Completed on: 2009-07-16 | Attorney General of New Brunswick |
| 2009-07-16 | Intervener's factum - AG on constitutional question, Completed on: 2009-07-16 | Attorney General of New Brunswick |
| 2009-07-16 | Intervener's book of authorities, Joint with 32604, Completed on: 2009-07-16 | Attorney General of Canada |
| 2009-07-16 | Intervener's factum - AG on constitutional question, Joint with 32604 (3 volumes) - original service rec'd July 23/09, Completed on: 2009-07-16 | Attorney General of Canada |
| 2009-07-16 | Order on miscellaneous motion, (BY LEBEL J.) | |
| 2009-07-16 |
Decision on miscellaneous motion, LeB, UPON APPLICATION by the respondents Anabelle Lacombe, Jacques Picard and 3845443 Canada Inc. for an order awarding costs on a solicitor and client basis regardless of the outcome of the appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is referred to the Court for decision at the hearing of the appeal, which is scheduled for October 14, 2009. Referred |
|
| 2009-07-14 | Submission of miscellaneous motion, LeB | |
| 2009-07-10 | Letter sent to Intervener(s) | |
| 2009-07-09 | Order on motion for leave to intervene, (BY CHARRON J.) | |
| 2009-07-09 |
Decision on the motion for leave to intervene, Cha, UPON APPLICATIONS by the Greater Toronto Airports Authority for leave to intervene in the above appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Greater Toronto Airports Authority are granted and the said intervener shall be entitled to serve and file a single joint factum not to exceed 10 pages in length. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by its intervention. Granted |
|
| 2009-07-08 | Submission of motion for leave to intervene, Cha | |
| 2009-07-06 | Order on motion to extend time | |
| 2009-07-06 |
Decision on motion to extend time, Cha, The respondents Annabelle Lacombe, Jacques Picard and 385443 Canada Inc. may serve and file their factum, record and book of authorities no later than June 22, 2009 and are released from having failed to file them on time, and may present oral argument at the hearing; Granted |
|
| 2009-07-06 | Submission of motion to extend time, Cha | |
| 2009-07-03 | Correspondence received from, P. Landry, dated July 3/09; re: add Rule 71(3) to the motion to extend the time | Anabelle Lacombe |
| 2009-06-26 | Acknowledgement and consent for video taping of proceedings, Consent from counsel for COPA | |
| 2009-06-22 | Respondent's book of authorities, Completed on: 2009-06-22 | Anabelle Lacombe |
| 2009-06-22 | Respondent's record, Completed on: 2009-06-22 | Anabelle Lacombe |
| 2009-06-22 | Respondent's factum, Completed on: 2009-06-22 | Anabelle Lacombe |
| 2009-06-19 | Motion to extend time, to file the respondents' record, factum and authorities to June 22/09, Completed on: 2009-06-19 | Anabelle Lacombe |
| 2009-06-19 | Correspondence received from, Charles A. Veilleux dated June 18/09 re: does not represent the respondent | Municipalité de Sacré-Coeur |
| 2009-06-19 | Appeal perfected for hearing | |
| 2009-06-18 | Respondent's book of authorities, Completed on: 2009-06-18 | Canadian Owners and Pilots Association |
| 2009-06-18 | Respondent's factum, Completed on: 2009-06-18 | Canadian Owners and Pilots Association |
| 2009-06-10 | Reply to miscellaneous motion, on payment of costs on solicitor-client basis (10 add. copies rec'd July 22/09 further to the order of LeBel J. dated July 16/09) (sent to the Court Aug. 6/09), Completed on: 2009-06-10 | Anabelle Lacombe |
| 2009-06-05 | Response to miscellaneous motion, on payment of costs on solicitor-client basis (10 add. copies rec'd July 22/09 further to the order of LeBel J. dated July 16/09) (sent to the Court Aug. 6/09), Completed on: 2009-06-05 | Attorney General of Quebec |
| 2009-06-01 | Correspondence received from, Noël & Associés by e-mail, re.: will not be responding to Motion to intervene by Greater Toronto Airports Authority | Attorney General of Quebec |
| 2009-05-28 | Notice of miscellaneous motion, on payment of costs on solicitor-client basis (10 add. copies rec'd July 22/09 further to the order of LeBel J. dated July 16/09) (sent to the Court Aug. 6/09), Completed on: 2009-05-29 | Anabelle Lacombe |
| 2009-05-21 | Motion for leave to intervene, Completed on: 2009-05-21 | Greater Toronto Airports Authority |
| 2009-04-24 | Appellant's book of authorities, Completed on: 2009-04-24 | Attorney General of Quebec |
| 2009-04-24 | Appellant's record, (3 volumes), Completed on: 2009-04-24 | Attorney General of Quebec |
| 2009-04-24 | Appellant's factum, Completed on: 2009-04-24 | Attorney General of Quebec |
| 2009-03-02 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 2009-03-02 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2009-02-27 | Notice of intervention respecting a constitutional question | Attorney General of New Brunswick |
| 2009-02-25 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2009-02-03 | Notice of constitutional question(s), served on all AG's Feb. 2/09 | Attorney General of Quebec |
| 2009-02-02 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) | |
| 2009-02-02 |
Decision on the motion to state a constitutional question, CJ, 1. Does zoning by-law No. 210 of the Municipality of Sacré-Coeur, adopted pursuant to s. 113 of the Act respecting land use planning and development, R.S.Q., c. A-19.1, encroach on the power of the Parliament of Canada over aeronautics under the introductory paragraph to s. 91 of the Constitution Act, 1867 and, if so, are ss. 4.1 and 4.2 of and schedule B to that by-law ultra vires? 2. Is zoning by-law No. 210 of the Municipality of Sacré-Coeur constitutionally inapplicable under the doctrine of interjurisdictional immunity to an aerodrome operated by the respondents? 3. Is zoning by-law No. 210 of the Municipality of Sacré-Coeur constitutionally inoperative under the doctrine of federal paramountcy, having regard to the Aeronautics Act, R.S.C. 1985, c. A-2 and the Canadian Aviation Regulations, SOR/96-433? IT IS ALSO ORDERED THAT: The interveners referred to in subrule 61(4) of the Rules of the Supreme Court of Canada shall limit their oral argument to 10 minutes each. Granted |
|
| 2009-01-12 | Submission of motion to state a constitutional question, CJ | |
| 2008-11-12 | Correspondence received from, Marie-France Major dated Oct. 30/08 re: acting as Ottawa agent | Canadian Owners and Pilots Association |
| 2008-11-04 | Motion to state a constitutional question, Completed on: 2008-11-04 | Attorney General of Quebec |
| 2008-11-03 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2008-10-31 | Notice of appeal, Completed on: 2008-10-31 | Attorney General of Quebec |
| 2008-10-29 | Correspondence received from, Me Beauchamp by email and fax dated Oct. 30/08 re: consents to Me Quenneville's request | Canadian Owners and Pilots Association |
| 2008-10-28 | Correspondence received from, Me Gingras by email dated Oct. 28/08 re: consents to Me Quenneville's request | Attorney General of Quebec |
| 2008-10-28 | Correspondence received from, Me Quenneville by fax, dated Oct. 28/08 re: date of hearing for fall | Anabelle Lacombe |
| 2008-10-28 | General proceeding, Notice of agent representing two opposing parties. | Attorney General of Quebec |
| 2008-10-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2008-10-17 | Judgment on leave sent to the parties | |
| 2008-10-16 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-09-005546-061, 2008 QCCA 426, dated March 4, 2008, is granted without costs. Granted, without costs |
|
| 2008-09-15 | All materials on application for leave submitted to the Judges, LeB De Cha | |
| 2008-06-12 | Applicant's reply to respondent's argument, (Letter Form), Will not be filing a reply to Canadian Owners and Pilots Association, Completed on: 2008-06-12 | Attorney General of Quebec |
| 2008-06-12 | Applicant's reply to respondent's argument, Reply to Lacombe, et al., Completed on: 2008-06-12 | Attorney General of Quebec |
| 2008-06-02 | Respondent's response on the application for leave to appeal, (2 volumes), Completed on: 2008-06-02 | Anabelle Lacombe |
| 2008-05-30 | Book of authorities | Canadian Owners and Pilots Association |
| 2008-05-30 | Respondent's response on the application for leave to appeal, Completed on: 2008-05-30 | Canadian Owners and Pilots Association |
| 2008-05-07 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2008-05-02 | Book of authorities | Attorney General of Quebec |
| 2008-05-02 | Application for leave to appeal, Completed on: 2008-05-02 | Attorney General of Quebec |
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 |
|---|---|---|
| Attorney General of Quebec | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Lacombe, Anabelle | Respondent | Active |
| Jacques Picard and 3845443 Canada Inc. | Respondent | Active |
| Canadian Owners and Pilots Association | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Attorney General of New Brunswick | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Municipalité de Sacré-Coeur | Intervener | Active |
| Greater Toronto Airports Authority | Intervener | Active |
Counsel
Party: Attorney General of Quebec
Counsel
Alain Gingras
Sébastien Rochette
Sébastien Rochette
Procureur général du Québec
1200, route de l'Église
2e étage
Ste-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: agingras@justice.gouv.qc.ca
1200, route de l'Église
2e étage
Ste-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: agingras@justice.gouv.qc.ca
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Lacombe, Anabelle
Counsel
Mathieu Quenneville
Yvan Biron
Yvan Biron
Lavery Montreal
1, Place Ville Marie
Bureau 4000
Montréal, Quebec
H3B 4M4
Telephone: (514) 877-3087
FAX: (514) 871-8977
Email: mquenneville@lavery.qc.ca
1, Place Ville Marie
Bureau 4000
Montréal, Quebec
H3B 4M4
Telephone: (514) 877-3087
FAX: (514) 871-8977
Email: mquenneville@lavery.qc.ca
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Jacques Picard and 3845443 Canada Inc.
Counsel
Mathieu Quenneville
Yvan Biron
Yvan Biron
Lavery Montreal
1, Place Ville Marie
Bureau 4000
Montréal, Quebec
H3B 4M4
Telephone: (514) 877-3087
FAX: (514) 871-8977
Email: mquenneville@lavery.qc.ca
1, Place Ville Marie
Bureau 4000
Montréal, Quebec
H3B 4M4
Telephone: (514) 877-3087
FAX: (514) 871-8977
Email: mquenneville@lavery.qc.ca
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Canadian Owners and Pilots Association
Counsel
Pierre-J. Beauchamp
Dan Cornell
Emma Beauchamp
Dan Cornell
Emma Beauchamp
Pateras & Iezzoni
500, Place d'Armes, bureau 2314
Montréal, Quebec
H2Y 2W2
Telephone: (514) 284-0860
FAX: (514) 843-7990
Email: pjbeauchamp@pateras-iezzoni.com
500, Place d'Armes, bureau 2314
Montréal, Quebec
H2Y 2W2
Telephone: (514) 284-0860
FAX: (514) 843-7990
Email: pjbeauchamp@pateras-iezzoni.com
Agent
Marie-France Major
Lang Michener LLP
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Municipalité de Sacré-Coeur
This party is not represented by counsel.
Party: Attorney General of New Brunswick
Counsel
Gaétan Migneault
Attorney General of New Brunswick
Centennial Building, Room 447
P.O. Box 6000
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-2222
FAX: (506) 453-3275
Email: gaetan.migneault@gnb.ca
Centennial Building, Room 447
P.O. Box 6000
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-2222
FAX: (506) 453-3275
Email: gaetan.migneault@gnb.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Attorney General of British Columbia
Counsel
Richard M. Butler
Jean Walters
Jean Walters
Attorney General of British Columbia
1001 Douglas Street, 3rd floor
P.O. Box 9280 Station Provincial Government
Victoria, British Columbia
V8V 1X4
Telephone: (250) 356-6559
FAX: (250) 356-9154
Email: richard.butler@gov.bc.ca
1001 Douglas Street, 3rd floor
P.O. Box 9280 Station Provincial Government
Victoria, British Columbia
V8V 1X4
Telephone: (250) 356-6559
FAX: (250) 356-9154
Email: richard.butler@gov.bc.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Ontario
Counsel
Hart Schwartz
Josh Hunter
Josh Hunter
Attorney General of Ontario
4th Floor, 720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 212-3095
FAX: (416) 326-4015
Email: hart.schwartz@ontario.ca
4th Floor, 720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 212-3095
FAX: (416) 326-4015
Email: hart.schwartz@ontario.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Canada
Counsel
Bernard Letarte
Ginette Gobeil
Claude Joyal
Ginette Gobeil
Claude Joyal
Procureur général du Canada
284, rue Wellington, T-6060
Ottawa, Ontario
K1A 0H8
Telephone: (613) 946-2776
FAX: (613) 952-6006
Email: bernard.letarte@justice.gc.ca
284, rue Wellington, T-6060
Ottawa, Ontario
K1A 0H8
Telephone: (613) 946-2776
FAX: (613) 952-6006
Email: bernard.letarte@justice.gc.ca
Agent
Christopher M. Rupar
Attorney General of Canada
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Greater Toronto Airports Authority
Counsel
Mahmud Jamal
Osler, Hoskin & Harcourt LLP
Box 50, 1 First Canadian Place
Toronto, Ontario
M5X 1B8
Telephone: (416) 862-6764
FAX: (416) 862-6666
Email: mjamal@osler.com
Box 50, 1 First Canadian Place
Toronto, Ontario
M5X 1B8
Telephone: (416) 862-6764
FAX: (416) 862-6666
Email: mjamal@osler.com
Agent
Patricia J. Wilson
Osler, Hoskin & Harcourt LLP
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Summary
Keywords
None.
Summary
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Constitutional law - Division of powers - Double aspect - Municipal zoning - Aeronautics - Seaplane tour business set up in zone protected under local zoning by-laws - Whether zoning by-law No. 210 of Municipality of Sacré-Coeur, adopted pursuant to s. 113 of Act respecting land use planning and development, R.S.Q., c. A-19.1, encroaches on power of Parliament of Canada over aeronautics under introductory paragraph to s. 91 of Constitution Act, 1867 and, if so, whether ss. 4.1 and 4.2 of and schedule B to that by-law are ultra vires - Whether zoning by-law No. 210 of Municipality of Sacré-Coeur is constitutionally inapplicable under doctrine of interjurisdictional immunity to aerodrome operated by Respondents - Whether zoning by-law No. 210 of Municipality of Sacré-Coeur is constitutionally inoperative under doctrine of federal paramountcy, having regard to Aeronautics Act, R.S.C. 1985, c. A-2, and Canadian Aviation Regulations, SOR/96-433 - An Act respecting land use planning and development, R.S.Q., c. A-19.1, s. 113 - By-laws Nos. 209 and 210 of Municipality of Sacré-Coeur - Canadian Aviation Regulations, SOR/96-433.
The Respondents own a cottage on Gobeil Lake, on a lot in the cadastre of Tadoussac. They hold a federal licence for their seaplane and have developed a business offering tours from several locations in the region, including a floating dock on Gobeil Lake. Municipal zoning by-laws protect the lake and limit the activities that may be carried on there. The Superior Court ordered the Respondents to cease operating their business in the protected zone. The Court of Appeal overturned that decision.
Lower court rulings
February 24, 2006
Superior Court of Quebec
655-17-000242-052
Superior Court of Quebec
655-17-000242-052
Injonction accordée à l’intervenante contre les intimés à l’effet de cesser d’opérer leur commerce dans la zone protégée.
March 4, 2008
Court of Appeal of Quebec (Québec)
200-09-005546-061, 2008 QCCA 426
Court of Appeal of Quebec (Québec)
200-09-005546-061, 2008 QCCA 426
Appel accueilli; règlement de zonage déclaré inopposable aux intimés.
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Date modified: 2025-02-27