Case information
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40394
Nicolas Landry v. His Majesty the King
(Quebec) (Criminal) (As of Right)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-12-11 | Appeal closed | |
| 2024-01-29 | Transcript received, 59 pages | |
| 2024-01-19 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2024-01-19 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2024-01-17 |
Judgment on the appeal rendered, Ka Côt Kas Ob Mor, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Numbers 500-10-006914-186 and 500-10-007054-198, 2022 QCCA 1186, dated September 6, 2022, was heard on January 17, 2024, and the Court on that day delivered the following judgment orally: [TRANSLATION] KARAKATSANIS J. — This is an appeal as of right from a judgment that was the subject of dissent on a question of law. In this case, the majority of the Quebec Court of Appeal upheld the fraud conviction and the dissenting judge would have substituted a verdict of attempted fraud for that verdict. There is therefore a “disagreement which affects the result” within the meaning of R. v. D’Amico, 2019 SCC 23, [2019] 2 S.C.R. 394, at para. 3. The majority of the Court is of the view that the appeal should be dismissed, substantially for the reasons of the majority of the Court of Appeal. Côté J., for her part, would have allowed the appeal in part to substitute an attempted fraud conviction for the fraud conviction, substantially for the reasons of Cotnam J.A., and would have remitted the matter to the trial court for sentencing. Therefore, the appeal is dismissed. Dismissed |
|
| 2024-01-17 | Hearing of the appeal, 2024-01-17, Ka Côt Kas Ob Mor | |
| 2024-01-17 | General proceeding, Case Sensitivity Questionnaire | His Majesty the King |
| 2024-01-17 | General proceeding, Case Sensitivity Questionnaire | Nicolas Landry |
| 2024-01-12 | Appellant's condensed book, (Book Form), 23B missing, (Printed version due on 2024-01-19) | Nicolas Landry |
| 2024-01-11 |
Respondent's condensed book, (Book Form), MISSING: - Proof of service - rec'd 01/12/2024 |
His Majesty the King |
| 2023-12-15 |
Notice of appearance, Patrick Cardinal et Nicolas Abranwill appear before the Court. Patrick Cardinal et Nicolas Abran will present oral argument. |
His Majesty the King |
| 2023-10-31 | Notice of hearing sent to parties | |
| 2023-10-31 | Appeal hearing scheduled, 2024-01-17 | |
| 2023-10-06 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right), (sent by email to all parties) | |
| 2023-09-20 | Notice of name, (Letter Form), (Printed version due on 2023-09-27) | His Majesty the King |
| 2023-09-20 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2023-09-20) | His Majesty the King |
| 2023-09-20 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-09-20) | His Majesty the King |
| 2023-09-20 | Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2023-09-20) | His Majesty the King |
| 2023-09-20 | Respondent's book of authorities, (Book Form), Completed on: 2023-09-26, (Printed version filed on 2023-09-20) | His Majesty the King |
| 2023-09-20 | Respondent's factum, (Book Form), Completed on: 2023-09-26, (Printed version filed on 2023-09-20) | His Majesty the King |
| 2023-07-28 | Certificate of counsel (attesting to record), (Letter Form), Form 24A, (Printed version filed on 2023-07-31) | Nicolas Landry |
| 2023-07-28 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2023-07-31) | Nicolas Landry |
| 2023-07-28 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2023-07-31) | Nicolas Landry |
| 2023-07-28 | Appellant's book of authorities, (Book Form), Completed on: 2023-07-28, (Printed version filed on 2023-07-31) | Nicolas Landry |
| 2023-07-28 | Appellant's record, (Book Form), (3 volumes), Pub Ban, Completed on: 2023-07-28, (Printed version filed on 2023-07-31) | Nicolas Landry |
| 2023-07-28 | Appellant's factum, (Book Form), Completed on: 2023-07-28, (Printed version filed on 2023-07-31) | Nicolas Landry |
| 2023-06-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-06-29 | Judgment on leave sent to the parties | |
| 2023-06-29 |
Decision on motion to adduce new evidence, See judgment on application for leave to appeal., CJ Ja Ob Dismissed |
|
| 2023-06-29 |
Decision on motion to extend time, See judgment on application for leave to appeal., CJ Ja Ob Granted |
|
| 2023-06-29 |
Judgment of the Court on the application for leave to appeal, The motion by His Majesty the King for an extension of time to serve and file a response to the motion to adduce new evidence is granted. The motion by Nicolas Landry to adduce new evidence is dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Numbers 500-10-006914-186 and 500-10-007054-198, 2022 QCCA 1186, dated September 6, 2022, is dismissed. Dismissed |
|
| 2023-05-15 | Submission of motion to adduce new evidence, CJ Ja Ob | |
| 2023-05-15 | Submission of motion to extend time, CJ Ja Ob | |
| 2023-05-15 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-05-09 |
Motion to extend time, (Book Form), to serve and file the response to the motion to file new evidence MISSING: Filing Fee (rec' 05/31/23), Completed on: 2023-06-29 |
His Majesty the King |
| 2023-04-25 | Response to the motion to adduce new evidence, MISSING: Motion for an extension of time (rec'd May 9/23), Completed on: 2023-05-11, (Electronic version filed on 2023-04-26) | His Majesty the King |
| 2023-04-24 | Response to motion to extend time, (Letter Form), Completed on: 2023-04-26 | Nicolas Landry |
| 2023-04-19 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-04-19, (Printed version filed on 2023-04-20) | His Majesty the King |
| 2023-04-05 | Order on miscellaneous motion, by Justice Karakatsani (sent to parties by email) | |
| 2023-04-05 | Order on motion to extend time to serve and/or file notice of appeal, (joint with order on misc. motion) | |
| 2023-04-05 | Order on motion to extend the time to file and/or serve the leave application, (joint with order on misc. motion) | |
| 2023-04-05 |
Decision on miscellaneous motion, Ka, À LA SUITE DES REQUÊTES présentées par l’appelant en vue d’obtenir la prorogation du délai de signification et dépôt de son avis d’appel modifié au 21 février 2023, la prorogation du délai de signification et dépôt de sa demande d’autorisation d’appel au 21 mars 2023, une ordonnance autorisant la permission de suspendre le délai de signification et dépôt du mémoire d’appel, et, une ordonnance autorisant la permission de signifier et déposer un seul mémoire d’appel si la demande d’autorisation d’appel est accordée ; ET APRÈS EXAMEN des documents déposés; IL EST ORDONNÉ CE QUI SUIT : La requête en prorogation du délai pour signifier et déposer l’avis d’appel modifié est accueillie. La requête en prorogation du délai pour signifier et déposer la demande d’autorisation d’appel est accueillie. Si la demande d’autorisation d’appel est accueillie, l’appelant sera autorisé de signifier et déposer un seul mémoire d’appel, dans les délais prescrits par les Règles de la Cour suprême du Canada. Cependant, si la demande d’autorisation d’appel est rejetée, l’appelant devra signifier et déposer son mémoire d’appel dans les trente (30) jours suivant la date du jugement sur demande d’autorisation d’appel. L’appelant et l’intimé sont rappelés qu’ils sont invités à fournir des soumissions écrites dans leurs mémoires d’appel portant sur la compétence de la Cour pour entendre l’appel de plein droit en vertu de l’art. 691(1)a) du Code criminel, notamment sur le sens du terme « dissidence ». Granted, no order as to costs |
|
| 2023-04-05 |
Decision on motion to extend time to serve and/or file notice of appeal, Ka, see decision above Granted |
|
| 2023-04-05 |
Decision on motion to extend time to file and /or serve the leave application, Ka, See decision above Granted |
|
| 2023-04-05 | Submission of miscellaneous motion, Ka | |
| 2023-04-05 | Submission of motion to extend time to serve and/or file notice of appeal submitted, Ka | |
| 2023-04-05 | Submission of motion to extend time to file and/ or serve the leave application, Ka | |
| 2023-03-29 | Motion to adduce new evidence, (Book Form), (4 volumes), Completed on: 2023-03-29, (Printed version filed on 2023-03-31) | Nicolas Landry |
| 2023-03-22 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2023-03-21 | Certificate (on limitations to public access), Form 23A | Nicolas Landry |
| 2023-03-21 | Application for leave to appeal, (Book Form), (2 volumes), Completed on: 2023-03-21, (Printed version filed on 2023-03-22) | Nicolas Landry |
| 2023-03-21 | Notice of miscellaneous motion, (Book Form), (to serve and file a single factum on appeal should the application for leave to appeal get granted), Completed on: 2023-03-21 | Nicolas Landry |
| 2023-03-06 | Response to motion to extend time to serve and/or file notice of appeal, (Letter Form), Completed on: 2023-05-24, (Printed version filed on 2023-03-09) | His Majesty the King |
| 2023-02-21 | Motion to extend the time to serve and/or file the notice of appeal, (Book Form), Completed on: 2023-03-21, (Printed version filed on 2023-02-27) | Nicolas Landry |
| 2023-02-13 | Notice of change of counsel, (Letter Form), Me Ariane Gagnon-Rocque and Me Maude Cloutier will appear for the Appellant, (Printed version filed on 2023-02-21) | Nicolas Landry |
| 2022-12-02 | Correspondence (sent by the Court) to, the applicant regarding the motion for extension of time. | |
| 2022-11-22 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Amended version filed on March 21, 2023 (included with the application and motion to file a single appeal factum), Completed on: 2022-11-23, (Printed version filed on 2023-03-22) | Nicolas Landry |
| 2022-11-21 | Notice of withdrawal, (Letter Form), Counsel for the applicant/appellant are no longer representing him, on consent., Completed on: 2022-11-23 | Nicolas Landry |
| 2022-11-16 | Correspondence (sent by the Court) to, the appellant; response to letter requesting additional filing time. | |
| 2022-11-07 | Correspondence received from, (Letter Form), the appellant; request for delay to file appeal materials., (Printed version filed on 2022-11-07) | Nicolas Landry |
| 2022-10-28 | Letter acknowledging receipt of a notice of appeal | |
| 2022-10-27 | Order on motion to strike out, by BROWN J. | |
| 2022-10-27 | Order issued on motion for a stay of execution, by BROWN J. | |
| 2022-10-27 |
Decision on motion to strike out, Br, UPON APPLICATION by the appellant, pursuant to section 65.1 of the Supreme Court Act and Rule 47 of the Rules of the Supreme Court of Canada, for a stay of execution of the judgment of the Court of Québec, Number 500-01-124881-159, 2019 QCCQ 1390, dated March 14, 2019, and the judgment of the Quebec Court of Appeal, Numbers 500-10-006914-18 and 500-10-007054-l98, 2022 QCCA 1186, dated September 6, 2022; AND UPON APPLICATION by the respondent for an order striking out 4 of the 7 grounds of appeal set out in the appellant’s notice of appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for a stay of execution is dismissed without costs. The motion to strike out is referred to the panel of the Court hearing the appeal so that it may be argued at the hearing. The appellant and the respondent are invited to provide written submissions in their factums on appeal concerning the Court’s jurisdiction to hear the appeal as of right under s. 691(1)(a) of the Criminal Code, including with regard to the meaning of the term “dissent”. The appellant is granted permission to serve and file an application for leave to appeal within thirty (30) days after the date of this order. All other motions and applications filed in this appeal shall be referred to the panel of the Court hearing the appeal, unless otherwise ordered. Referred |
|
| 2022-10-27 |
Decision on the motion for a stay of execution, See order on Motion to Strike for more details., Br Dismissed, without costs |
|
| 2022-10-27 | Submission of motion to strike out, Br | |
| 2022-10-27 | Submission of motion for a stay of execution, Br | |
| 2022-10-20 | General proceeding, A FILE NUMBER HAS BEEN ASSIGNED TO THIS MATTER FOR THE PURPOSE OF TREATING THE MOTIONS FILED IN THIS MATTER | Nicolas Landry |
| 2022-10-13 | Response to motion to strike out, (Letter Form), Completed on: 2022-10-20, (Electronic version filed on 2022-10-14) | Nicolas Landry |
| 2022-10-11 | Reply to motion for a stay of execution, (Letter Form), Completed on: 2022-10-19, (Electronic version filed on 2022-10-14) | Nicolas Landry |
| 2022-10-06 | Motion to strike out, (Book Form), Completed on: 2022-10-19, (Electronic version filed on 2022-10-14) | His Majesty the King |
| 2022-10-06 | Response to the motion for a stay of execution, (Letter Form), Completed on: 2022-10-19, (Electronic version filed on 2022-10-14) | His Majesty the King |
| 2022-09-29 | Notice of deposit for security, (Letter Form) | Nicolas Landry |
| 2022-09-29 | Motion for a stay of execution, (Letter Form), Completed on: 2022-10-19, (Printed version filed on 2022-09-29) | Nicolas Landry |
| 2022-09-16 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-09-16) | Nicolas Landry |
| 2022-09-16 | Notice of name, (Letter Form), (Printed version filed on 2022-09-16) | Nicolas Landry |
| 2022-09-16 |
Notice of appeal, (Letter Form), Missing: Amended Notice of Appeal-rec'd 2022/11/07 Second Amended notice of appeal rec'd 2023/02/21 , Completed on: 2023-02-27, (Printed version filed on 2023-02-27) |
Nicolas Landry |
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 |
|---|---|---|
| Landry, Nicolas | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Landry, Nicolas
Counsel
Maude Cloutier
2828, boulevard Laurier
Tour 2, bureau 395
Québec, Quebec
G1V 0B9
Telephone: (418) 694-3003
FAX: (418) 694-3008
Email: agr@rcavocats.ca
Party: His Majesty the King
Counsel
Nicolas Abran
74, rue Académie, Bureau 203
Salaberry-de-Valleyfield, Quebec
J6T 0B8
Telephone: (450) 370-4000 Ext: 63587
FAX: (450) 370-3021
Email: patrick.cardinal@dpcp.gouv.qc.ca
Agent
Palais de justice de Gatineau
17, rue Laurier, Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60442
FAX: (819) 772-3986
Email: isabelle.bouchard@dpcp.gouv.qc.ca
Summary
Keywords
Criminal law — Offences — Elements of offence — Fraud — Deprivation — Concurrence between actus reus and mens rea — Proof of causation — Whether Court has jurisdiction to hear appeal as of right under s. 691(1)(a) of Criminal Code — Whether majority of Court of Appeal interpreted essential element of deprivation too broadly — Whether victim’s prior knowledge of scheme prevents deprivation from being shown — Criminal Code, R.S.C. 1985, c. C-46, s. 380(1).
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.
(PUBLICATION BAN IN CASE)
The appellant, a police officer, was temporarily off work because of medical problems. During a meeting with a physician-arbitrator who was to determine whether his disability was permanent, the appellant misrepresented his work activities with his former spouse’s travel agencies. The physician-arbitrator found that his disability was permanent, and the appellant was therefore entitled to permanent disability benefits from his employer. The employer knew of some of the appellant’s work activities but did not tell the physician-arbitrator about them.
The trial judge found that all the elements of the offence of fraud over $5,000 had been established. The appellant was convicted of one count of fraud. The majority of the Court of Appeal upheld the trial judge’s decision, while the minority would have substituted a verdict of attempted fraud.
Lower court rulings
See on file.
Appeal dismissed; one judge would have substituted verdict of attempted fraud and reduced sentence imposed
Memorandums of argument on application for leave to appeal
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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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