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.
38012
Bela Kosoian v. Société de transport de Montréal, 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) |
|---|---|---|
| 2021-12-16 | Appeal closed | |
| 2021-12-16 | General proceeding, (Letter Form), Declaration of judgment satisfaction | Bela Kosoian |
| 2021-12-16 | Appeal reopened | |
| 2021-07-28 | Appeal closed | |
| 2021-07-28 | Correspondence (sent by the Court) to, the parties. Letter from Acting Registrar with regards to the decision on the bill of costs. | |
| 2021-07-28 | Certificate of taxation issued to, Me Aymar Missakila | |
| 2021-07-28 | Decision on the bill of costs, in the amount of $8,997.86, DeRg | |
| 2021-07-28 | Submission of the bill of costs, DeRg | |
| 2020-12-14 | Reply to the bill of costs, (Letter Form), Completed on: 2021-07-06 | Bela Kosoian |
| 2020-12-07 | Response to the bill of costs, (Letter Form), Completed on: 2021-07-06 | Ville de Laval |
| 2020-12-07 | Response to the bill of costs, (Letter Form), Completed on: 2021-07-06 | Société de transport de Montréal |
| 2020-11-30 | Bill of costs, (Letter Form), Additional invoices provided on May 25, 2021., Completed on: 2021-07-06 | Bela Kosoian |
| 2019-12-02 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2019-12-02 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2019-11-29 |
Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br Row Mar, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-025644-154, 2017 QCCA 1919, dated December 5, 2017, heard on April 16, 2019, is allowed with costs throughout. The judgments rendered by the Court of Appeal and the Court of Québec are set aside. The respondents are ordered solidarily to pay damages in the amount of $20,000 to the appellant, with interest at the legal rate and the additional indemnity provided for in art. 1619 C.C.Q. from the date of service at trial. Among the respondents, the Société de transport de Montréal will be liable for 50 percent of the damages and Fabio Camacho for 50 percent. Allowed, costs in this Court and courts below |
|
| 2019-04-29 | Transcript received, 95 pages | |
| 2019-04-16 | Judgment reserved OR rendered with reasons to follow | |
| 2019-04-16 |
Hearing of the appeal, 2019-04-16, CJ Abe Mo Ka Ga Côt Br Row Mar Judgment reserved |
|
| 2019-04-16 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Ville de Laval |
| 2019-04-16 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Société de transport de Montréal |
| 2019-04-16 | Intervener's condensed book, (Book Form), Submitted in Court (14 copeis) | Canadian Civil Liberties Association |
| 2019-04-16 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Bela Kosoian |
| 2019-04-10 |
Notice of appearance, (Letter Form), Sylvie Rodrigue, Ad. E. and Emma Loignon-Giroux will appear before the court. Ms. Rodrigue will present oral arguments. |
Canadian Civil Liberties Association |
| 2019-04-10 | Correspondence received from, (Letter Form), 8 reserved seats requested. | Bela Kosoian |
| 2019-04-10 |
Notice of appearance, (Letter Form), Aymar Missakila and Ghassan Hamod will appear before the court. Aymar Missakila will present oral arguments. |
Bela Kosoian |
| 2019-04-09 | Respondent's book of authorities, (Book Form), Supplemental book of authorities., Completed on: 2019-04-09 | Ville de Laval |
| 2019-04-05 |
Notice of appearance, (Letter Form), Alexandre Thériault-Marois, Maryann Carter and Marie-Pier Dussault-Picard will appear before the court. Mr. Thériault-Marois will present oral arguments. |
Ville de Laval |
| 2019-04-04 |
Notice of appearance, (Letter Form), Daniel Maillé will appear before the court and will present oral arguments. |
Société de transport de Montréal |
| 2019-04-04 | Appeal perfected for hearing | |
| 2019-04-02 |
Notice of appearance, (Letter Form), Sylvie Rodrigue and Emma Loignon-Giroux will appear before the court. Ms. Rodrigue will present oral arguments. |
Canadian Civil Liberties Association |
| 2019-04-02 | Intervener's book of authorities, (Book Form), Completed on: 2019-04-02 | Canadian Civil Liberties Association |
| 2019-04-02 | Intervener's factum, (Book Form), Completed on: 2019-04-02 | Canadian Civil Liberties Association |
| 2019-03-25 | Respondent's book of authorities, (Book Form), Completed on: 2019-03-25 | Ville de Laval |
| 2019-03-25 | Respondent's factum, (Book Form), Completed on: 2019-03-25 | Ville de Laval |
| 2019-03-25 | Respondent's factum, (Book Form), Completed on: 2019-03-25 | Société de transport de Montréal |
| 2019-03-14 | Order on motion to adjourn the hearing of the appeal, by WAGNER C.J. | |
| 2019-03-14 |
Decision on motion to adjourn the hearing of the appeal, CJ, UPON APPLICATION by the appellant for an adjournment of the hearing scheduled for April 16, 2019; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is dismissed. Dismissed |
|
| 2019-03-14 | Submission of motion to adjourn the hearing of the appeal, CJ | |
| 2019-03-14 | Response to the motion to adjourn the hearing of the appeal, (Letter Form), Completed on: 2019-03-14 | Ville de Laval |
| 2019-03-14 | Response to the motion to adjourn the hearing of the appeal, (Letter Form), Completed on: 2019-03-14 | Canadian Civil Liberties Association |
| 2019-03-07 |
Motion to adjourn the hearing of the appeal, (Book Form), MISSING: 1) print versions (received 2019-03-13) 2) payment of the $75 filing fee (received 2019-03-14) 3) proof of service (received 2019-03-13), Completed on: 2019-03-14 |
Bela Kosoian |
| 2019-03-07 | Order on motion for leave to intervene, by GASCON J. | |
| 2019-03-07 |
Decision on the motion for leave to intervene, Ga, UPON APPLICATION by the Canadian Civil Liberties Association for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene is granted and the intervener shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before April 2, 2019. The intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. 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 |
|
| 2019-03-07 | Submission of motion for leave to intervene, Ga | |
| 2019-03-04 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-03-04 | Ville de Laval |
| 2019-03-04 | Notice of hearing sent to parties | |
| 2019-02-27 | Correspondence received from, (Letter Form), Ottawa agent information: Guy Régimbald | Ville de Laval |
| 2019-02-26 |
Appeal hearing scheduled, 2019-04-16, The schedule for serving and filing the material is set as follows: a) The notice of appeal shall be served and filed on or before December 17, 2018. b) The appellant’s record, factum and book of authorities, if any, shall be served and filed on or before February 4, 2019. c) 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 25, 2019. d) The appellant and respondents shall serve and file their responses, if any, to the motions for leave to intervene on or before March 4, 2019. e) Replies to any responses to the motions for leave to intervene shall be served and filed on or before March 6, 2019. f) Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before April 2, 2019. g) The respondents’ record(s), factum(s) and book(s) of authorities, if any, shall be served and filed on or before March 25, 2019. Judgment reserved |
|
| 2019-02-22 | Notice of name, (Letter Form) | Canadian Civil Liberties Association |
| 2019-02-22 | Motion for leave to intervene, (Book Form), Completed on: 2019-02-26 | Canadian Civil Liberties Association |
| 2019-02-04 | Appellant's record, (Book Form), (2 volumes), Missing: Proof of Service (rec' 02/07/2019), Completed on: 2019-02-15 | Bela Kosoian |
| 2019-02-04 | Appellant's book of authorities, (Book Form), Missing: Proof of Service (rec' 02/07/2019), Completed on: 2019-02-15 | Bela Kosoian |
| 2019-02-04 | Certificate (on limitations to public access), (Letter Form) | Bela Kosoian |
| 2019-02-04 | Appellant's factum, (Book Form), Missing: Proof of Service (rec' 02/07/2019), Completed on: 2019-02-15 | Bela Kosoian |
| 2018-12-17 | Notice of appeal, (Letter Form), Completed on: 2018-12-17 | Bela Kosoian |
| 2018-12-14 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2018-11-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-11-16 | Judgment on leave sent to the parties | |
| 2018-11-15 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-025644-154, 2017 QCCA 1919, dated December 5, 2017, is granted with costs in the cause. The schedule for serving and filing materials will be set by the Registrar. Granted, with costs in the cause |
|
| 2018-11-15 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2018-10-01 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-10-01 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2018-04-30 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2018-04-30 | Bela Kosoian |
| 2018-04-20 | Certificate (on limitations to public access), (Letter Form), electronic copy missing-rec'd 2018/04/25 | Ville de Laval |
| 2018-04-20 | Respondent's response on the application for leave to appeal, (Book Form), electronic copy missing-rec'd 2018/04/25, Completed on: 2018-04-25 | Ville de Laval |
| 2018-04-20 | Certificate (on limitations to public access), (Letter Form) | Société de transport de Montréal |
| 2018-04-20 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2018-04-20 | Société de transport de Montréal |
| 2018-03-23 | Correspondence received from, Updated contact information for counsel for the Respondant, Ville de Laval. | Ville de Laval |
| 2018-03-22 | Letter acknowledging receipt of a complete application for leave to appeal, (FILE OPENED 2018-03-22) | |
| 2018-03-15 | Certificate (on limitations to public access) | Bela Kosoian |
| 2018-03-15 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2018-03-23 | Bela Kosoian |
| 2018-03-15 | Application for leave to appeal, (Book Form), Completed on: 2018-03-22 | Bela Kosoian |
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 |
|---|---|---|
| Kosoian, Bela | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Société de transport de Montréal | Respondent | Active |
| Ville de Laval | Respondent | Active |
| Camacho, Fabio | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Civil Liberties Association | Intervener | Active |
Counsel
Party: Kosoian, Bela
Counsel
Bureau 610
Montréal, Quebec
H3B 1A7
Telephone: (514) 939-3342
FAX: (514) 939-9763
Email: aymar_m@hotmail.com
Agent
200 Elgin Street
Suite 400
Ottawa, Ontario
K2P 1L5
Telephone: (613) 594-8000
FAX: (613) 235-7578
Email: ghamod@barnessammon.ca
Party: Société de transport de Montréal
Counsel
800 rue de la Gauchetière O
Rez-de-chaussé bureau 1170
Montréal, Quebec
H5A 1J6
Telephone: (514) 365-0800 Ext: 85227
FAX: (514) 280-6126
Email: daniel.maille@stm.info
Party: Ville de Laval
Counsel
Alexandre Thériault-Marois
1200 boul. Chomedy
bureau 600
Laval, Quebec
H7V 3Z4
Telephone: (450) 978-5866
FAX: (450) 978-5871
Email: m-p.dussaultpicard@laval.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 788-3559
Email: guy.regimbald@gowlingwlg.com
Party: Camacho, Fabio
Counsel
Alexandre Thériault-Marois
1200 boul. Chomedy
bureau 600
Laval, Quebec
H7V 3Z4
Telephone: (450) 978-5866
FAX: (450) 978-5871
Email: m-p.dussaultpicard@laval.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 788-3559
Email: guy.regimbald@gowlingwlg.com
Party: Canadian Civil Liberties Association
Counsel
1, Place Ville Marie
Bureau 2880
Montréal, Quebec
H3B 4R4
Telephone: (514) 868-5601
FAX: (514) 868-5700
Email: srodrigue@torys.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Police – Civil liability – Damages – Whether pictogram creates legal obligation to hold handrail of escalator in subway station – In civil liability context, standard applicable to police officer who commits acts against individual based on non-existent legal provision – Whether STM, as legal person established in public interest, is civilly liable for officer’s actions – Whether applicant can have contributed to her own injury by refusing to identify herself to officer if officer was acting on basis of non-existent regulatory provision.
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.
In May 2009, the appellant, Ms. Kosoian, was arrested by the respondent officer Camacho for refusing to hold the handrail while descending an escalator in the Montmorency subway station in Laval. Ms. Kosoian brought an action in damages against the respondents, Société de transport de Montréal, Ville de Laval and officer Camacho, in relation to the arrest. The Court of Québec dismissed the action. It found that the respondents had committed no fault. The majority of the Quebec Court of Appeal reached the same conclusion. Schrager J.A., dissenting, found the respondents to be solidarily liable. But he also concluded that Ms. Kosoian had partially contributed to her injury.
Lower court rulings
Court of Quebec
540-22-013703-094
Applicant’s claim for damages denied
Court of Appeal of Quebec (Montréal)
2017 QCCA 1919, 500-09-025644-154
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
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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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