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35295

Immeubles Jacques Robitaille Inc. v. City of Quebec

(Quebec) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2015-10-05 Correspondence received from, the respondent. Proof of payment for taxation. City of Quebec
2015-06-30 Appeal closed
2015-06-26 Certificate of taxation issued to, Mr. Frédérick Langlois
2015-06-26 Decision on the bill of costs, in the amount of $15,375.70, DeRg
2015-06-26 Submission of the bill of costs, DeRg
2014-09-29 Reply to the bill of costs, Completed on: 2014-10-07 City of Quebec
2014-09-25 Response to the bill of costs, Completed on: 2014-09-25 Immeubles Jacques Robitaille Inc.
2014-09-24 Bill of costs, Completed on: 2014-10-07 City of Quebec
2014-05-05 Formal judgment sent to the registrar of the court of appeal and all parties
2014-05-05 Judgment on appeal and notice of deposit of judgment sent to all parties
2014-05-02 Judgment on the appeal rendered, CJ LeB Abe Ro Mo Ka Wa, The appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-10-002795-123, 2013 QCCA 219, dated February 7, 2013, heard on February 20, 2014, is dismissed with costs.
Dismissed, with costs
2014-02-28 Transcript received, (58 pages)
2014-02-20 Judgment reserved OR rendered with reasons to follow
2014-02-20 Hearing of the appeal, 2014-02-20, CJ LeB Abe Ro Mo Ka Wa
Judgment reserved
2014-02-20 Respondent's condensed book, (Book Form), Filed in Court City of Quebec
2014-02-20 Appellant's condensed book, (Book Form), Filed in Court Immeubles Jacques Robitaille Inc.
2014-02-14 Notice of appearance, William Noonan and David Bernier will be present at the hearing. Immeubles Jacques Robitaille Inc.
2014-02-06 Correspondence received from, (Letter Form), Isabelle Chouinard, counsel for the Respondent, re.: filed a supplementary document - additional Book of Authorities City of Quebec
2014-02-06 Supplemental document, (Book Form), Volume II of the Book of Authorities of the Respondent (service to come -rec'd 02-07-2014), Completed on: 2014-02-07 City of Quebec
2014-01-30 Appeal perfected for hearing
2014-01-27 Respondent's book of authorities, (Book Form), Completed on: 2014-01-27 City of Quebec
2014-01-27 Respondent's factum, (Book Form), Completed on: 2014-01-27 City of Quebec
2014-01-24 Notice of appearance, Isabelle Chouinard, Marc Desrosiers and Kathy Lévesque will be present at the hearing. Isabelle Chouinard will make oral presentations. 1 reserved seat requested. City of Quebec
2014-01-24 Correspondence received from, Me Frédérick Langlois, Re.: Notice of Change of Counsel for the Respondent, Me Isabelle Chouinard will represent City of Quebec. City of Quebec
2013-12-16 Correspondence received from, 6 reserved seats requested Immeubles Jacques Robitaille Inc.
2013-12-16 Notice of appearance, William Noonan and David Bernier will be present at the hearing. Immeubles Jacques Robitaille Inc.
2013-11-25 Notice of hearing sent to parties
2013-11-19 Appeal hearing scheduled, 2014-02-20
Judgment reserved
2013-11-18 Appellant's book of authorities, Completed on: 2013-11-18 Immeubles Jacques Robitaille Inc.
2013-11-18 Appellant's record, Completed on: 2013-11-18 Immeubles Jacques Robitaille Inc.
2013-11-18 Appellant's factum, Completed on: 2013-11-18 Immeubles Jacques Robitaille Inc.
2013-10-03 Correspondence received from, Frédérick Langlois dated October 2, 2013. Re: Will be acting as agent for the respondent City of Quebec
2013-08-27 Notice of appeal, Completed on: 2013-08-27 Immeubles Jacques Robitaille Inc.
2013-07-23 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2013-07-12 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2013-07-12 Judgment on leave sent to the parties
2013-07-11 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 200-10-002795-123, 2013 QCCA 219, dated February 7, 2013, is granted with costs in the cause.
Granted, with costs in the cause
2013-06-10 All materials on application for leave submitted to the Judges, LeB Ka Wa
2013-05-02 Respondent's response on the application for leave to appeal, (Book Form), (electronic copy received), Completed on: 2013-05-02 City of Quebec
2013-04-08 Letter acknowledging receipt of a complete application for leave to appeal
2013-04-05 Application for leave to appeal, (Book Form), CD filed - form 14 included, Completed on: 2013-04-08 Immeubles Jacques Robitaille Inc.

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

Main parties - Appellants
Name Role Status
Immeubles Jacques Robitaille Inc. Appellant Active

v.

Main parties - Respondents
Name Role Status
City of Quebec Respondent Active

Counsel

Party: Immeubles Jacques Robitaille Inc.

Counsel
William Noonan
David Bernier
Hickson Noonan
1170, rue Grande-Allée Ouest
Québec, Quebec
G1S 1E5
Telephone: (418) 681-9671 Ext: 214
FAX: (418) 527-6938
Email: wnoonan@hicksonnoonan.ca
Agent
Jonathan Roch
MBM Intellectual Property Law
270, Albert Street
14th Floor
Ottawa, Ontario
K1P 5G8
Telephone: (613) 801-1059
FAX: (613) 563-7671
Email: jroch@mbm.com

Party: City of Quebec

Counsel
Isabelle Chouinard
Giasson et Associés
2, rue Jardins
bureau 207
Québec, Quebec
G1R 4S9
Telephone: (418) 641-6411 Ext: 2010
FAX: (418) 641-6540
Email: isabelle.chouinard@ville.quebec.qc.ca
Agent
Frédérick Langlois
Deveau, Bourgeois, Gagné, Hébert & associées, sencrl
867, boulevard Saint-René Ouest
Suite 8
Gatineau, Quebec
J8T 7X6
Telephone: (819) 243-2616
FAX: (819) 243-2641
Email: flanglois@deveau.qc.ca

Summary

Keywords

None.

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.

Municipal law - Penal procedure - Whether doctrine of estoppel can be pleaded by defendant in penal proceeding dealing with application of provision of municipal zoning by-law - Whether respondent’s actions could make doctrine of estoppel applicable in this case and thus result in appellant’s acquittal on offence charged.

The appellant challenged an offence notice issued by the respondent for permitting or tolerating non-conforming parking use contrary to the respondent’s zoning and planning by-law for the borough of La Cité. In support of its challenge, the appellant relied in part on acquired rights based on the use of the parking lot in question.

Lower court rulings

March 1, 2012
Superior Court of Quebec

200-36-001765-114

Appeal allowed and applicant acquitted of offence charged

February 7, 2013
Court of Appeal of Quebec (Québec)

200-10-002795-123, 2013 QCCA 219

Appeal allowed and guilty verdict restored

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

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Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

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Date modified: 2025-02-27