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.
36694
Alain Ostiguy, et al. v. Hélène Allie
(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) |
|---|---|---|
| 2017-04-20 | Appeal closed | |
| 2017-04-07 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2017-04-07 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2017-04-06 |
Judgment on the appeal rendered, CJ Mo Ka Wa Ga Côt Br, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-024024-135, 2015 QCCA 1368, dated August 24, 2015, heard on October 7, 2016, is dismissed with costs. Côté J. dissents. Dismissed, with costs |
|
| 2016-10-21 | Transcript received, 179 pages | |
| 2016-10-07 | Judgment reserved OR rendered with reasons to follow | |
| 2016-10-07 | Respondent's condensed book, (Book Form), Submitted in Courtroom (14 copies) | Hélène Allie |
| 2016-10-07 | Appellant's condensed book, (Book Form), Submitted in Courtroom (14 copies) | Alain Ostiguy |
| 2016-10-07 |
Hearing of the appeal, 2016-10-07, CJ Mo Ka Wa Ga Côt Br Judgment reserved |
|
| 2016-09-27 | Notice of appearance, (Letter Form), Philippe Dumaine and Sarah Laplante Bazzi will be present at the hearing. Mr. Dumaine will give oral arguments., (Printed version filed on 2016-09-27) | Hélène Allie |
| 2016-08-31 | Appeal perfected for hearing | |
| 2016-08-29 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-08-29) | Hélène Allie |
| 2016-08-29 | Respondent's book of authorities, (Book Form), Completed on: 2016-08-29, (Electronic version filed on 2016-08-29) | Hélène Allie |
| 2016-08-29 | Respondent's record, (Book Form), Completed on: 2016-08-29, (Electronic version filed on 2016-08-29) | Hélène Allie |
| 2016-08-29 | Respondent's factum, (Book Form), Completed on: 2016-08-29, (Electronic version filed on 2016-08-29) | Hélène Allie |
| 2016-08-25 | Notice of appearance, (Letter Form), Mr. Eric Lalanne appearing and addressing the court, (Printed version filed on 2016-08-25) | Alain Ostiguy |
| 2016-08-17 | Correspondence received from, Sylvie Labbé dated 2016-08-17. Re: Pierre Landry will be acting as agent | Hélène Allie |
| 2016-08-16 | Notice of hearing sent to parties | |
| 2016-08-10 |
Appeal hearing scheduled, 2016-10-07, (EARLY START: 9:00AM) Judgment reserved |
|
| 2016-07-06 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-07-06) | Alain Ostiguy |
| 2016-07-06 | Appellant's book of authorities, (Book Form), Completed on: 2016-07-06, (Electronic version filed on 2016-07-06) | Alain Ostiguy |
| 2016-07-06 | Appellant's record, (Book Form), (2 volumes), Completed on: 2016-07-06, (Electronic version filed on 2016-07-06) | Alain Ostiguy |
| 2016-07-06 | Appellant's factum, (Book Form), Completed on: 2016-07-08, (Electronic version filed on 2016-07-06) | Alain Ostiguy |
| 2016-04-20 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2016-04-13 | Notice of appeal, Completed on: 2016-04-13 | Alain Ostiguy |
| 2016-03-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-03-18 | Judgment on leave sent to the parties | |
| 2016-03-17 |
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 (Montréal), Number 500-09-024024-135, 2015 QCCA 1368, dated August 24, 2015, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2016-02-15 | All materials on application for leave submitted to the Judges, Cro Wa Côt | |
| 2015-11-23 | Certificate (on limitations to public access) | Hélène Allie |
| 2015-11-23 | Respondent's response on the application for leave to appeal, Completed on: 2015-11-23 | Hélène Allie |
| 2015-10-22 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2015-10-22 | |
| 2015-10-22 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Alain Ostiguy |
| 2015-10-22 | Application for leave to appeal, Completed on: 2015-10-22 | Alain Ostiguy |
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 |
|---|---|---|
| Ostiguy, Alain | Appellant | Active |
| Savard, Valérie | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Allie, Hélène | Respondent | Active |
Counsel
Party: Ostiguy, Alain
Counsel
Marc Beauchemin
1000, de la Gauchetière Ouest
# 2900
Montréal, Quebec
H3B 4W5
Telephone: (514) 878-3258
FAX: (514) 878-4333
Email: elalanne@dgclex.com
Agent
50 O'Connor Street
Suite 1500
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8367
FAX: (613) 788-3689
Email: colin.dubeau@nelligan.ca
Party: Savard, Valérie
Counsel
1000, de la Gauchetière Ouest
# 2900
Montréal, Quebec
H3B 4W5
Telephone: (514) 878-3258
FAX: (514) 878-4333
Email: elalanne@dgclex.com
Agent
50 O'Connor Street
Suite 1500
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8367
FAX: (613) 788-3689
Email: colin.dubeau@nelligan.ca
Party: Allie, Hélène
Counsel
Sarah Bazzi
1250, boul. René-Lévesque Ouest
bureay 1400
Montréal, Quebec
H3B 5E9
Telephone: (514) 925-6427
FAX: (514) 925-5127
Email: philippe.dumaine@lrmm.com
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
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.
Prescription - Immovable - Publication of rights - Acquisition of edge of property used for parking by way of acquisitive prescription - Whether Court of Appeal erred in finding that art. 2918 of Civil Code of Québec did not change law that applied under Civil Code of Lower Canada, in sense that possessor’s effective possession can be set up against owner whose title is registered in land register regardless of whether registration occurs after acquisitive prescription period of ten (10) years and even before judicial application required by art. 2918 C.C.Q - Arts. 921, 922, 2910, 2918, 2938, 2941, 2943, 2944, 2946, 2957 and 2963, Civil Code of Québec, CQLR, c. C-1991 - Arts. 805 and 806, Code of Civil Procedure, CQLR, c. C-25 - Art. 468, Code of Civil Procedure, CQLR, c. C-25.01.
The appellants, Mr. Ostiguy and Ms. Savard, purchased a mountainside chalet on Mont Brome in Bromont, Quebec in 2011. A few months after they arrived, they noticed that their parking space, which could hold up to four cars, was being used by the son of the respondent, Ms. Allie. They gave the respondent’s son formal notice to stop using their parking space. Because he continued to use it, the appellants applied to the Superior Court for a permanent injunction to assert the registration of their title of ownership in the register of land rights against the respondent. In a cross demand, the respondent claimed ownership of half of the appellants’ parking space by way of acquisitive prescription under the Civil Code of Québec.
Lower court rulings
Superior Court of Quebec
2013 QCCS 5808, 455-17-000837-120
Motion to institute proceedings dismissed and cross demand allowed in part.
Court of Appeal of Quebec (Montréal)
2015 QCCA 1368, 500-09-024024-135
Appeal dismissed.
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
Not available
Related links
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.
Downloadable PDFs
Not available