Docket

29413

City of Montreal v. 2952-1366 Québec Inc.

(Quebec) (Civil) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2005-12-21 Record returned to the Registrar of the Court of Appeal
2005-11-07 Appeal closed
2005-11-04 Formal judgment sent to the registrar of the court of appeal and all parties
2005-11-04 Judgment on appeal and notice of deposit of judgment sent to all parties
2005-11-03 Judgment on the appeal rendered, CJ Ba Bi LeB De Abe Cha, The appeal from the judgment of the Court of Appeal of Quebec (Montreal), Number 500-10-001860-004, dated August 12, 2002, heard on October 14, 2004 is allowed with costs in all appellate courts, Binnie J. dissenting.
Allowed, with costs
2004-10-26 Transcript received, (63 pages)
2004-10-14 Judgment reserved OR rendered with reasons to follow
2004-10-14 Supplemental document, English versions of Regulation respecting promotion, By-Law in establishments dealing in eroticism and By-Law concerning noise submitted in Court (9 copies) City of Montreal
2004-10-14 Acknowledgement and consent for video taping of proceedings, From all parties
2004-10-14 Hearing of the appeal, 2004-10-14, CJ Ba Bi LeB De Abe Cha
Judgment reserved
2004-10-01 Book of authorities, (Vol. I to IV), Completed on: 2004-10-01 Daniel Paquin
2004-10-01 Other factum, (40 pages) Daniel Paquin
2004-09-21 Correspondence received from, D. Paquin by fax re: extension of time to Oct. 1/04 with cc to all parties - original rec'd Sept. 24/04. Daniel Paquin
2004-09-15 Notice of appearance, Serge Barrière will be present at hearing. City of Montreal
2004-08-24 Correspondence (sent by the Court) to, Me Chantal Buies (Dept. of Justice, Quebec) with letter to Daniel Paquin confirming his mandate as amicus curiae
2004-08-24 Correspondence (sent by the Court) to, Me Daniel Paquin to confirm is mandate as Amicus curiae (factum due to Sept. 24, 2004)
2004-08-20 Order on motion to withdraw as solicitor
2004-08-20 Decision on motion to withdraw as solicitor, for the respondent (Daniel Paquin), Reg
Granted
2004-08-20 Submission of motion to withdraw as solicitor, Reg
2004-08-20 General proceeding, Notice of change of firm's name to Beauchemin, Paquin,Jobin, Brisson & Philpot 2952-1366 Québec Inc.
2004-08-20 Motion to withdraw as solicitor, Completed on: 2004-08-20 2952-1366 Québec Inc.
2004-08-16 Response to motion to withdraw as solicitor, (Letter Form), from Serge Barrière dated 08/16/04, Completed on: 2004-08-16 City of Montreal
2004-08-03 Notice of hearing sent to parties
2004-07-15 Appeal hearing scheduled, 2004-10-14, (previously March 16/04, May 21/04)
Judgment reserved
2004-05-14 Correspondence (sent by the Court) to, Louis Dionne de Justice Dept. (Québec) from A. Roland re: amicus curiae
2004-04-30 Order by, CJ, L'appel prévu pour le 21 mai 2004 est ajourné à la session de l'automne 2004.
Granted
2004-04-30 Correspondence received from, Daniel Paquin dated 04/29/04 re: will not be present at the hearing on May 21, 2004 2952-1366 Québec Inc.
2004-04-28 Correspondence (sent by the Court) to, Mr. Paquin in response to letter of Apr. 21 and 23/04)
2004-04-26 Notice of appearance, from Bergeron, Gaudreau re: Serge Barrière City of Montreal
2004-04-23 Correspondence received from, from Daniel Paquin rec'd by fax re: request to be name amicus curiae (original rec'd Apr. 28/04) 2952-1366 Québec Inc.
2004-04-21 Correspondence received from, from Daniel Paquin by fax re: does not have de mandat to continue working on this file (original rec'd April 23/04). 2952-1366 Québec Inc.
2004-04-01 Notice of hearing sent to parties
2004-03-17 Book of authorities, (proof of service on the responsent missing), Incomplete Attorney General of Ontario
2004-03-17 Intervener's factum - AG on constitutional question, (proof of service on the respondent missing), Incomplete Attorney General of Ontario
2004-02-12 Appeal perfected for hearing
2003-12-18 Appellant's book of authorities, Completed on: 2003-12-18 City of Montreal
2003-12-18 Appellant's record, Completed on: 2003-12-18 City of Montreal
2003-12-18 Appellant's factum, Completed on: 2003-12-18 City of Montreal
2003-10-29 Notice of intervention respecting a constitutional question Attorney General of Ontario
2003-10-17 Correspondence received, from J. Boudreau dated Oct. 17, 2003 (fax copy) re: A.G. Canada will not intervene in this case
2003-10-01 Notice of constitutional question(s) City of Montreal
2003-09-30 Order on motion to state a constitutional question, (BY CHIEF JUSTICE)
2003-09-30 Decision on the motion to state a constitutional question, CJ, 1. Whether s. 9(1) and s. 11 of the By-law concerning noise, R.B.C.M. c. B-3, of the City of Montreal infringe s. 2(b) of the Canadian Charter of Rights and Freedoms?

2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
Granted
2003-09-16 Submission of motion to state a constitutional question, CJ
2003-09-04 Response to the motion to state a constitutional question, (Letter Form), from D. Paquin dated September 4, 2003 (fax copy)(original received on Sept. 8, 2003), Completed on: 2003-09-04 2952-1366 Québec Inc.
2003-08-07 Motion to state a constitutional question, (3 copies), Completed on: 2003-08-07 City of Montreal
2003-08-07 Notice of appeal, Completed on: 2003-08-07 City of Montreal
2003-06-23 Appeal court record, (1 box - joint with Trial Court record)
2003-06-23 Correspondence received from, S. Barrière to R. Gaudreau dated June 23, 2003 (fax copy) re: Me Gaudreau will act as Ottawa agent City of Montreal
2003-06-16 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2003-06-13 Judgment on leave sent to the parties
2003-06-12 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 (Montreal), Number 500-10-001860-004, dated August 12, 2002, is granted with costs to the applicant in any event of the cause.
Granted, with costs
2003-05-05 All materials on application for leave submitted to the Judges, Ia Bi LeB
2003-03-21 Respondent's response on the application for leave to appeal, (Letter Form), from D. Paquin dated March 21, 2003 (fax copy) re: will not be filing a response (original received on March 26, 2003), Completed on: 2003-03-21 2952-1366 Québec Inc.
2002-12-17 Letter acknowledging receipt of a complete application for leave to appeal
2002-10-09 Application for leave to appeal, Completed on: 2002-12-16 City of Montreal