Case information
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37034
Barreau du Québec v. Attorney General of Quebec
(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) |
|---|---|---|
| 2018-02-06 | Appeal closed | |
| 2018-02-06 | Certificate of taxation issued to, Attorney General of Quebec | |
| 2018-02-06 | Decision on the bill of costs, in the amount of $6,920.13, Reg | |
| 2018-02-06 | Submission of the bill of costs, Reg | |
| 2017-12-20 | Bill of costs, (Letter Form), Completed on: 2017-12-20 | Attorney General of Quebec |
| 2017-11-14 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2017-11-14 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2017-11-10 |
Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row, The appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-09-008357-144, 2016 QCCA 536, dated March 30, 2016, heard on March 27, 2017, is dismissed with costs. Justice Côté dissents. Dismissed, with costs |
|
| 2017-07-14 | Correspondence received from, Debra Diepeveen (by email). Matthew J. Halpin is agent for the intervener. | Chartered Professional Accountants of Canada |
| 2017-04-11 | Transcript received, 79 pages | |
| 2017-03-27 | Judgment reserved OR rendered with reasons to follow | |
| 2017-03-27 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies) | Chartered Professional Accountants of Canada |
| 2017-03-27 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies) | Ordre des comptables professionnels agréés du Québec |
| 2017-03-27 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Attorney General of Quebec |
| 2017-03-27 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Barreau du Québec |
| 2017-03-27 |
Hearing of the appeal, 2017-03-27, CJ Abe Mo Ka Wa Ga Côt Br Row Judgment reserved |
|
| 2017-03-24 | Correspondence received from, 1 reserved seat requested. | Ordre des comptables professionnels agréés du Québec |
| 2017-03-20 | Correspondence received from, 1 reserved seat requested | Chartered Professional Accountants of Canada |
| 2017-03-17 | Intervener's book of authorities, (Book Form), (8 volumes), 2 copies, Completed on: 2017-03-17 | Ordre des comptables professionnels agréés du Québec |
| 2017-03-17 | Intervener's factum, (Book Form), Completed on: 2017-03-17 | Ordre des comptables professionnels agréés du Québec |
| 2017-03-16 | Notice of appearance, Michel Paradis, Sylvie Champagne and Gaston Gauthier will be present at the hearing. | Barreau du Québec |
| 2017-03-07 | Appeal perfected for hearing | |
| 2017-03-03 | Certificate of counsel (attesting to record) | Attorney General of Quebec |
| 2017-03-03 | Respondent's book of authorities, (Book Form), Completed on: 2017-03-03 | Attorney General of Quebec |
| 2017-03-03 | Respondent's factum, (Book Form), (2 volumes), Completed on: 2017-03-03 | Attorney General of Quebec |
| 2017-02-24 | Notice of appearance, Me Alexandre Ouellet will be present at the hearing. | Attorney General of Quebec |
| 2017-02-22 | Notice of appearance, François Barette, Érik Morissette and Maxime-Arnaud Keable will be present at the hearing. | Ordre des comptables professionnels agréés du Québec |
| 2017-02-17 | Notice of appearance, Dominic Belley will be present at the hearing. | Chartered Professional Accountants of Canada |
| 2017-02-16 | Order on motion for leave to intervene, by Justice Côté | |
| 2017-02-16 |
Decision on the motion for leave to intervene, Côt, UPON A JOINT APPLICATION by the Ordre des comptables professionnels agréés du Québec and Chartered Professional Accountants of Canada for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The joint motion for leave to intervene is granted and the said interveners shall be entitled to serve and file a joint factum not to exceed ten (10) pages in length on or before March 17, 2017. Each of the said interveners is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The interveners 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 interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their interventions. Granted |
|
| 2017-02-16 | Submission of motion for leave to intervene, Côt | |
| 2017-02-09 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2017-02-09, (Electronic version filed on 2017-02-09) | Ordre des comptables professionnels agréés du Québec |
| 2017-02-09 | Response to the motion for leave to intervene, (Letter Form), Proof of service missing (received 2017-02-14), Completed on: 2017-02-14, (Electronic version filed on 2017-02-09) | Attorney General of Quebec |
| 2017-02-08 | Reply to the motion for leave to intervene, (Letter Form), proof of service to come, Completed on: 2017-02-08 | Ordre des comptables professionnels agréés du Québec |
| 2017-02-07 | Response to the motion for leave to intervene, Completed on: 2017-02-07 | Barreau du Québec |
| 2017-01-31 | Motion for leave to intervene, (Book Form), Completed on: 2017-01-31 | Ordre des comptables professionnels agréés du Québec |
| 2016-12-29 | Certificate of counsel (attesting to record) | Barreau du Québec |
| 2016-12-29 | Appellant's book of authorities, (Book Form), Completed on: 2016-12-29 | Barreau du Québec |
| 2016-12-29 | Appellant's record, (Book Form), Completed on: 2016-12-29 | Barreau du Québec |
| 2016-12-29 | Appellant's factum, (Book Form), Completed on: 2016-12-29 | Barreau du Québec |
| 2016-12-06 | Correspondence received from, Pierre Landry dated 2016-12-06. Re: Change of law firm name | Attorney General of Quebec |
| 2016-11-28 | Notice of hearing sent to parties | |
| 2016-11-16 |
Appeal hearing scheduled, 2017-03-27 Judgment reserved |
|
| 2016-10-04 | Notice of appeal, Completed on: 2016-10-04 | Barreau du Québec |
| 2016-09-14 |
Order by, CJ, IT IS HEREBY ORDERED THAT: 1.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 31, 2017. 2.The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before February 7, 2017. 3.Replies to any responses to the motions for leave to intervene shall be served and filed on or before February 9, 2017. 4.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 March 17, 2017. Granted |
|
| 2016-09-13 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2016-09-12 | Correspondence received from, (Letter Form), Intervener, Tribunal administratif du Québec, re: the Tribunal will not be participating in this appeal. Me Nicholas Frenette-Béland will follow the case for the Tribunal. | Tribunal administratif du Québec |
| 2016-09-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-09-09 | Judgment on leave sent to the parties | |
| 2016-09-08 |
Judgment of the Court on the application for leave to appeal, The Barreau du Québec’s motion for leave to be substituted for the respondent parties before the Court of Appeal in order to request leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-09-008357-144, 2016 QCCA 536, dated March 30, 2016, is granted. Granted |
|
| 2016-09-08 |
Decision on the miscellaneous motion, see judgment on application. Granted |
|
| 2016-07-25 | All materials on application for leave submitted to the Judges, Cro Wa Côt | |
| 2016-07-25 | Submission of miscellaneous motion, Cro Wa Côt | |
| 2016-07-06 | Correspondence received from, (Letter Form), Tribunal administratif du Québec will not provide a response. | Tribunal administratif du Québec |
| 2016-06-23 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2016-06-23 | Barreau du Québec |
| 2016-06-13 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2016-06-13 | Attorney General of Quebec |
| 2016-06-02 | Response to miscellaneous motion, (Letter Form), Completed on: 2016-06-02 | Attorney General of Quebec |
| 2016-06-01 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2016-06-01 | |
| 2016-05-27 | Certificate (on limitations to public access) | Barreau du Québec |
| 2016-05-27 | Notice of miscellaneous motion, (Book Form), To be substituted as a party, Completed on: 2016-06-01 | Barreau du Québec |
| 2016-05-27 | Application for leave to appeal, Completed on: 2016-06-14 | Barreau 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 |
|---|---|---|
| Barreau du Québec | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Quebec | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Tribunal administratif du Québec | Intervener | Active |
| Ordre des comptables professionnels agréés du Québec | Intervener | Active |
| Chartered Professional Accountants of Canada | Intervener | Active |
Counsel
Party: Barreau du Québec
Counsel
Sylvie Champagne
Gaston Gauthier
1134, chemin Grande-Allée Ouest, bur. 600
Québec, Quebec
G1S 1E5
Telephone: (418) 681-7007
FAX: (418) 681-7100
Email: michel.paradis@jolicoeurlacasse.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Attorney General of Quebec
Counsel
Bureau 1.03
300, boul. Jean-Lesage
Québec, Quebec
G1K 8K6
Telephone: (418) 649-3524 Ext: 42068
FAX: (418) 646-1656
Email: alexandre.ouellet@justice.gouv.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Tribunal administratif du Québec
Counsel
575 rue Saint-Amable
4e étage
Québec, Quebec
G1R 5R4
Telephone: (418) 643-0355 Ext: 3033
FAX: (418) 643-2378
Email: nicholas.frenette-beland@taq.gouv.qc.ca
Party: Ordre des comptables professionnels agréés du Québec
Counsel
Érik Morissette
Maxime-Arnaud Keable
Tour de la Bourse
Bureau 3700, C.P. 242
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-5259
FAX: (514) 397-7600
Email: fbarette@fasken.com
Agent
867, boulevard Saint-René Ouest
Suite 8
Gatineau, Quebec
J8T 7X6
Telephone: (819) 243-2616 Ext: 7224
FAX: (819) 243-2641
Email: flanglois@deveau.qc.ca
Party: Chartered Professional Accountants of Canada
Counsel
1, Place Ville Marie
Bureau 2500
Montréal, Quebec
H3B 1R1
Telephone: (514) 847-4318
FAX: (514) 286-5474
Email: dominic.belley@nortonrose.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
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.
Administrative law – Judicial review – Standard of review – Law of professions – Lawyers – Legislation – Interpretation – Whether Court of Appeal erred as regards standard of review applicable in this case – Whether Court of Appeal erred in finding that exceptions to professional legislation, in this case exception in s. 102 of Act respecting administrative justice, must be interpreted broadly – Whether Court of Appeal erred as regards distinction between act of drawing up and act of representing within meaning of s. 128 of Act respecting the Barreau – Whether Court of Appeal erred in finding that s. 102 of Act respecting administrative justice can override application of whole of s. 128 of Act respecting the Barreau – Act respecting administrative justice, CQLR c. J 3, s. 102 – Act respecting the Barreau, CQLR c. B 1, ss. 128, 129.
Before the social affairs division of the Administrative Tribunal of Québec (“ATQ”), in proceedings between the Minister of Employment and Social Solidarity (“Minister”) and individuals (the respondents) dealing with the granting of social assistance, the Minister filed motions for review with the ATQ that had been prepared, drawn up, signed and filed by an official of the Ministère de l’Emploi et de la Solidarité sociale. The respondents concerned, who were represented by counsel, filed motions to dismiss those proceedings on the ground that they had not been drawn up by a member of the Barreau du Québec.
Lower court rulings
Provincial Administrative Tribunals of Quebec
2012 QCTAQ 12689, 2012 QCTAQ 12713, SAS-Q-126597-0605, SAS-Q-128187-0607, SAS-Q-147099-0806
Motions to dismiss dismissed
Superior Court of Quebec
100-17-001380-130, 100-17-001381-138, 2014 QCCS 2226
Motions for judicial review allowed
Court of Appeal of Quebec (Québec)
200-09-008357-144, 2016 QCCA 536
Appeal allowed
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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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
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