Case information
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36351
Jean-François Morasse v. Gabriel Nadeau-Dubois
(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) |
|---|---|---|
| 2016-11-03 | Appeal closed | |
| 2016-10-28 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2016-10-28 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2016-10-27 |
Judgment on the appeal rendered, CJ Abe Cro Mo Ka Wa Ga Côt Br, The appeal from the judgment of the Court of Appeal of Quebec (Québec), Numbers 200-09-007911-123 and 200-09-007901-124, 2015 QCCA 78, dated January 21, 2015, heard on April 22, 2016, is dismissed with costs. Wagner, Côté and Brown JJ. are dissenting. Dismissed, with costs |
|
| 2016-05-05 | Transcript received, 110 pages. | |
| 2016-04-22 | Judgment reserved OR rendered with reasons to follow | |
| 2016-04-22 |
Hearing of the appeal, 2016-04-22, CJ Abe Cro Mo Ka Wa Ga Côt Br Judgment reserved |
|
| 2016-04-22 | Appellant's condensed book, (Book Form), submitted in the hearing (14 copies). | Jean-François Morasse |
| 2016-04-18 | Notice of appearance, Ranjan K. Agarwal, Faiz M. Lalani and Avnish Nanda will be present at the hearing for the intervener, Alberta Public Interest Research Group. Mr. Agarwal will make the oral agruments. | Canadian Civil Liberties Association |
| 2016-04-15 | General proceeding, 5 seats reserved requested. | Jean-François Morasse |
| 2016-04-15 | Notice of appearance, François Larocque and Maxime Vincelette will be at the hearing for the intervener, Amnistie Internationale. Mr Larocque will make the oral arguments. | Amnistie Internationale, Section Canada francophone |
| 2016-04-13 | Notice of appearance, Julius H. Grey will be prensent at the hearing for the intervener, Canadian Civil Liberties Association. Confirmation that Mr Grey will no longer be pesent at the hearing 2016-04-21. | Canadian Civil Liberties Association |
| 2016-04-13 |
Order by, Ka, FURTHER TO THE ORDER dated March 4, 2016, granting leave to intervene to the Canadian Civil Liberties Association, the Alberta Public Interest Research Group and Amnistie Internationale, Section Canada francophone; IT IS HEREBY ORDERED THAT: 1. The Alberta Public Interest Research Group and Amnistie Internationale, Section Canada francophone are granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. 2. The factum of the Canadian Civil Liberties Association will be considered without the need for oral argument. The intervener, the Alberta Public Interest Research Group, must refrain from commenting on the merits, as is done, for example, in paragraph 38 of the factum. Allowed in part |
|
| 2016-04-11 | General proceeding, 2 seats reserved. | Amnistie Internationale, Section Canada francophone |
| 2016-04-08 | General proceeding, 21 seats reserved requested. | Gabriel Nadeau-Dubois |
| 2016-04-08 | Notice of appearance, Giuseppe Sciortino, Sibel Ataogul and Félix-Antoine Michaud will be present at the hearing for the Respondent. Mr Sciortino and Ms. Ataogul will make the oral arguments. | Gabriel Nadeau-Dubois |
| 2016-04-08 | Notice of appearance, Maxime Roy, Ariane Gagnon-Rocque and Vincent Rochette will appear at the hearing for the Appellant. Mr Roy and Mr Rochette will majke the oral arguments. | Jean-François Morasse |
| 2016-04-07 | Intervener's book of authorities, (Book Form), Completed on: 2016-04-07, (Electronic version filed on 2016-04-06) | Alberta Public Interest Research Group |
| 2016-04-07 | Intervener's factum, (Book Form), Completed on: 2016-04-07, (Electronic version filed on 2016-04-06) | Alberta Public Interest Research Group |
| 2016-04-07 | Intervener's book of authorities, (Book Form), Completed on: 2016-04-07, (Electronic version filed on 2016-04-07) | Canadian Civil Liberties Association |
| 2016-04-07 | Intervener's factum, (Book Form), Completed on: 2016-04-07, (Electronic version filed on 2016-04-07) | Canadian Civil Liberties Association |
| 2016-04-07 | Intervener's book of authorities, (Book Form), Completed on: 2016-04-07, (Electronic version filed on 2016-04-07) | Amnistie Internationale, Section Canada francophone |
| 2016-04-07 | Intervener's factum, (Book Form), Proof of service missing. Received 2016-04-08., Completed on: 2016-04-07, (Electronic version filed on 2016-04-07) | Amnistie Internationale, Section Canada francophone |
| 2016-03-23 | Appeal perfected for hearing | |
| 2016-03-21 | Certificate of counsel (attesting to record) | Gabriel Nadeau-Dubois |
| 2016-03-21 | Respondent's book of authorities, (2 volumes), Completed on: 2016-03-21 | Gabriel Nadeau-Dubois |
| 2016-03-21 | Respondent's record, Completed on: 2016-03-21 | Gabriel Nadeau-Dubois |
| 2016-03-21 | Respondent's factum, Completed on: 2016-03-22 | Gabriel Nadeau-Dubois |
| 2016-03-04 | Order on motion for leave to intervene, by Justice Karakatsanis | |
| 2016-03-04 |
Decision on the motion for leave to intervene, Ka, UPON APPLICATIONS by the Canadian Civil Liberties Association, the Alberta Public Interest Research Group and Amnistie Internationale, Section Canada francophone for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are granted and each of the said interveners shall be entitled to serve and file a factum not to exceed ten (10) pages in length in this appeal on or before April 7, 2016. The requests to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners are not 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 interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their interventions. Granted |
|
| 2016-03-04 | Submission of motion for leave to intervene, Ka | |
| 2016-02-26 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2016-02-26, (Electronic version filed on 2016-02-26) | Amnistie Internationale, Section Canada francophone |
| 2016-02-19 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-02-19, (Electronic version filed on 2016-02-19) | Jean-François Morasse |
| 2016-02-19 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-02-19, (Electronic version filed on 2016-02-19) | Gabriel Nadeau-Dubois |
| 2016-02-12 | Motion for leave to intervene, (Book Form), Proof of service missing. Received 2016-03-07., Completed on: 2016-02-12, (Electronic version filed on 2016-03-02) | Amnistie Internationale, Section Canada francophone |
| 2016-02-12 | Notice of hearing sent to parties | |
| 2016-02-10 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-02-10, (Electronic version filed on 2016-02-10) | Jean-François Morasse |
| 2016-02-10 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-02-10, (Electronic version filed on 2016-02-10) | Jean-François Morasse |
| 2016-02-10 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-02-10, (Electronic version filed on 2016-02-10) | Gabriel Nadeau-Dubois |
| 2016-02-10 |
Appeal hearing scheduled, 2016-04-22, (previously tentatively scheduled for April 19, 2016) Judgment reserved |
|
| 2016-02-08 | Motion for leave to intervene, (Book Form), Completed on: 2016-02-08, (Electronic version filed on 2016-02-08) | Alberta Public Interest Research Group |
| 2016-02-03 | Response to the motion for leave to intervene, By e-mail, Completed on: 2016-02-03 | Gabriel Nadeau-Dubois |
| 2016-02-01 | Motion for leave to intervene, (Book Form), Completed on: 2016-02-01 | Canadian Civil Liberties Association |
| 2016-01-25 | Certificate of counsel (attesting to record) | Jean-François Morasse |
| 2016-01-25 | Appellant's book of authorities, (3 volumes), Completed on: 2016-01-25 | Jean-François Morasse |
| 2016-01-25 | Appellant's record, (3 volumes), Completed on: 2016-01-25 | Jean-François Morasse |
| 2016-01-25 | Appellant's factum, Completed on: 2016-01-25 | Jean-François Morasse |
| 2015-11-19 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2015-11-18 |
Order by, CJ, IT IS HEREBY ORDERED THAT: 1. The appellant’s record, factum and book of authorities shall be served and filed on or before January 25, 2016. 2. 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 February 15, 2016. 3. The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before February 22, 2016. 4. Replies to any responses to the motions for leave to intervene shall be served and filed on or before February 24, 2016. 5. The respondent’s record, factum and book of authorities shall be served and filed on or before March 21, 2016. 6. Any interveners granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file their factums and books of authorities on or before April 7, 2016. Granted |
|
| 2015-11-17 | Notice of appeal, Completed on: 2015-11-17 | Jean-François Morasse |
| 2015-10-23 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-10-23 | Judgment on leave sent to the parties | |
| 2015-10-22 |
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), Numbers 200-09-007901-124 and 200-09-007911-123, 2015 QCCA 78, dated January 21, 2015, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2015-07-13 | All materials on application for leave submitted to the Judges, CJ Wa Ga | |
| 2015-04-29 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2015-04-29, (Electronic version filed on 2015-04-29) | Jean-François Morasse |
| 2015-04-22 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-04-23) | Gabriel Nadeau-Dubois |
| 2015-04-22 | Respondent's response on the application for leave to appeal, (Book Form), Proof of service missing. Phone call from Lafortune, stating the response need to be replace (pages missing) 2015-04-22. New booklets received 2015-04-23. Service received 2015-04-23., Completed on: 2015-04-24, (Electronic version filed on 2015-04-23) | Gabriel Nadeau-Dubois |
| 2015-03-23 | Letter acknowledging receipt of a complete application for leave to appeal, File opened 2015-03-23. | |
| 2015-03-20 | Application for leave to appeal, (Book Form), 4 volumes. Proof of service missing. Received 2015-03-23., Completed on: 2015-03-23, (Electronic version filed on 2015-03-25) | Jean-François Morasse |
| 2015-03-20 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-03-25) | Jean-François Morasse |
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 |
|---|---|---|
| Morasse, Jean-François | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Nadeau-Dubois, Gabriel | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Civil Liberties Association | Intervener | Active |
| Alberta Public Interest Research Group | Intervener | Active |
| Amnistie Internationale, Section Canada francophone | Intervener | Active |
Counsel
Party: Morasse, Jean-François
Counsel
Ariane Gagnon-Rocque
Vincent Rochette
6860, boul. Henri-Bourassa
Québec, Quebec
G1H 3C7
Telephone: (418) 694-3003
FAX: (418) 694-3008
Email: mroy@thibaultroyavocats.com
Agent
1500-45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8604
FAX: (613) 230-5459
Email: sally.gomery@nortonrosefulbright.com
Party: Nadeau-Dubois, Gabriel
Counsel
Sibel Ataogul
Félix-Antoine Michaud
1717, boul. René-Lévesque Est
Bureau 300
Montréal, Quebec
H2L 4T3
Telephone: (514) 525-3414 Ext: 314
FAX: (514) 525-5134
Email: gsciortino@mmgs.qc.ca
Agent
500 - 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2466
FAX: (613) 235-3041
Email: bpiper@goldblattpartners.com
Party: Canadian Civil Liberties Association
Counsel
1155 René-Lévesque Ouest
Suite 1715
Montréal, Quebec
H3B 2K8
Telephone: (514) 288-6180 Ext: 229
FAX: (514) 288-8908
Email: jhgrey@greycasgrain.net
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com
Party: Alberta Public Interest Research Group
Counsel
Faiz M. Lalani
Avnish Nanda
3400 One First Canadian Place
P.O. Box 130, Station 1st Canadian Place
Toronto, Ontario
M5X 1A4
Telephone: (416) 863-1200
FAX: (416) 863-1716
Email: agarwalr@bennettjones.com
Party: Amnistie Internationale, Section Canada francophone
Counsel
Maxine Vincelette
130, rue Albert, bureau 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5560
FAX: (613) 702-5560
Email: flarocque@juristespower.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.
Civil procedure - Contempt of court - Injunction - Knowledge of order - Proof beyond reasonable doubt of knowledge of order and actus reus - Whether Court of Appeal erred in law in analyzing article 50 C.C.P. - Whether Court of Appeal erred in law in failing to consider contempt of court where person acting in such way as to impair authority of court - Whether Court of Appeal erred in law in allowing defence based on freedom of expression when no constitutional argument to this effect had been made - Whether sentence imposed by trial judge is reasonable - Code of Civil Procedure, CQLR, c. C-25, art. 50.
The dispute between the parties arose out of student unrest over proposed increases in university tuition fees. At the time, classes were being disrupted in a number of Quebec educational institutions by means of various pressure tactics. The appellant, Jean-François Morasse, applied for an interim interlocutory injunction to enable him to have free access to his classes. On April 12, 2012, Lemelin J. of the Quebec Superior Court granted the application, finding that the appellant had a clear right to the injunction and that he would sustain serious harm if he could not take his classes. On May 2, 2012, Émond J. of the Quebec Superior Court issued a safeguard order, finding that there was urgency, appearance of right and serious and irreparable harm, and thus effectively extended the previously granted interim interlocutory injunction until September 14, 2012.
On May 13, 2012, the respondent, Gabriel Nadeau-Dubois, at the time a spokesperson for the Coalition large de l’Association pour une solidarité syndicale étudiante (CLASSE), participated in a television interview. The appellant felt that comments made by the respondent in that interview constituted direct interference with the Superior Court’s safeguard order, and he filed a motion under art. 53 C.C.P. asking that the respondent be ordered to appear for contempt of court.
Lower court rulings
Superior Court of Quebec
200-17-016412-124,, 2012 QCCS 1565
See file.
Superior Court of Quebec
200-17-016231-128, 2012 QCCS 1859
See file.
Superior Court of Quebec
200-17-016412-124, 2012 QCCS 5438
See file.
Superior Court of Quebec
200-17-016412-124, 2012 QCCS 6101
See file.
Court of Appeal of Quebec (Québec)
200-09-007901-124, 200-09-007911-123, 2015 QCCA 78
See file.
Memorandums of argument on application for leave to appeal
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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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