Docket

38837

Conférence des juges de la Cour du Québec, et al. v. Chief Justice, et al.

(Que.) (Civil) (As of Right)

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

Proceedings
Date Proceeding Filed By
(if applicable)
2020-09-24 Judgment reserved OR rendered with reasons to follow
2020-09-24 Hearing of the appeal, 2020-09-24, CJ Abe Mo Ka Côt Row Mar
Judgment reserved
2020-09-23 Appellant's condensed book, (Book Form) Canadian Association of Provincial Court Judges
2020-09-23 Appellant's condensed book, (Book Form) Attorney General of Quebec
2020-09-23 Appellant's condensed book, (Book Form) Conférence des juges de la Cour du Québec
2020-09-23 Intervener's condensed book, (Book Form) Attorney General of Canada
2020-09-23 Respondent's condensed book, (Book Form), (2 volumes) Chief Justice
2020-09-23 Intervener's condensed book, (Book Form) Canadian Council of Chief Judges
2020-09-23 Appellant's condensed book, (Book Form) Conseil de la magistrature du Québec
2020-09-11 Notice of appearance, (Letter Form), Pierre Bienvenu, Ad. E. will appear before the court, and will present oral arguments. Canadian Superior Courts Judges Association
2020-09-10 Notice of appearance, (Letter Form), François Grondin and Guy J. Pratte will appear before the court. Mr. Grondin will present oral arguments.
Conférence des juges de la Cour du Québec
2020-09-10 Notice of appearance, (Letter Form), Ryan Dalziel will appear before the court, and will present oral arguments.
Trial Lawyers Association of British Columbia
2020-09-09 Notice of appearance, (Letter Form), P. Jonathan Faulds, Q.C.will appear before the court, and will present oral arguments.
Canadian Council of Chief Judges
2020-09-09 Notice of appearance, (Letter Form), Bernard Letarte will appear before the court, and will present oral arguments.
Attorney General of Canada
2020-09-09 Notice of appearance, (Letter Form), Audrey Mayrand and Jennifer Klinck will appear before the court. Ms. Mayrand will present oral arguments.

Canadian Association of Provincial Court Judges
2020-09-09 Other book of authorities, (Book Form), Completed on: 2020-09-09 Canadian Association of Provincial Court Judges
2020-09-09 Reply factum on appeal, (Book Form), Courtesy French version filed on September 17, 2020., Completed on: 2020-09-09 Canadian Association of Provincial Court Judges
2020-09-04 Notice of appearance, (Letter Form), Daniel Huffaker will appear before the court, and will present oral arguments.
Attorney General of Ontario
2020-09-04 Correspondence (sent by the Court) to, the parties.
Letter from the Deputy Registrar. Direction for appearance at hearing.
2020-09-02 Notice of hearing sent to parties
2020-08-31 Notice of appearance, (Letter Form), Dominique Rousseau and Francis Demers will appear before the court. Mr. Rousseau will present oral arguments.
Attorney General of Quebec
2020-08-28 Notice of appearance, (Letter Form), Mr. Sean Griffin and Mr. William J. Atkinson, Ph. D., Ad.E. will appear before the Court and will present oral arguments. Chief Justice
2020-08-27 Notice of appearance, (Letter Form), Gareth Morley will appear before the court, and will present oral arguments.
Attorney General of British Columbia
2020-08-26 Order issued on motion for a stay of execution, by THE COURT
2020-08-26 Decision on the motion for a stay of execution,
UPON APPLICATION by the appellant, Attorney General of Quebec, pursuant to section 65.1 of the Supreme Court Act and Rules 47 and 62 of the Rules of the Supreme Court of Canada, for an order staying the judgment of the Court of Appeal of Quebec for the first reference question, Number 500-09-027083-179, 2019 QCCA 1492, dated September 12, 2019, as of September 12, 2020, and until the appeal is disposed of;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion is granted.

Kasirer J. took no part in this motion.

Granted
2020-08-26 Submission of motion for a stay of execution
2020-08-25 Notice of change of counsel, (Letter Form) Organisme d'autoréglementation du courtage immobilier du Québec (OACIQ)
2020-08-25 Appeal hearing scheduled, 2020-09-24, (previous hearing date was April 15, 2020, but hearing was adjourned in March 2020 due to Covid-19).

Revised on January 8, 2020

The schedule for serving and filing the material is set as follows:

a) The records, factums and books of authorities, if any, of the appellants, Conférence des juges de la Cour du Québec, the Attorney General of Quebec, Conseil de la magistrature du Québec, the Canadian Association of Provincial Court Judges and Chief Justice, Senior Associate Chief Justice and Associate Chief Justice of the Superior Court of Quebec, shall be served and filed on or before December 10, 2019.

b) 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 20, 2020.

c) The appellants, Conférence des juges de la Cour du Québec, the Attorney General of Quebec, Conseil de la magistrature du Québec, the Canadian Association of Provincial Court Judges and Chief Justice, Senior Associate Chief Justice and Associate Chief Justice of the Superior Court of Quebec, and respondents, Chief Justice, Senior Associate Chief Justice and Associate Chief Justice of the Superior Court of Quebec, and the Attorney General of Quebec, shall serve and file their responses, if any, to the motions for leave to intervene on or before January 30, 2020.

d) Replies to any responses to the motions for leave to intervene shall be served and filed on or before February 6, 2020.

e) 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 March 23, 2020.

f) The interveners referred to in subparagraph 22(3)c)(i) of the Rules of the Supreme Court of Canada, the Attorney General of Quebec, Conseil de la magistrature du Québec, the Canadian Association of Provincial Court Judges, Organisme d’autoréglementation du courtage immobilier du Québec and Conférence des juges de la Cour du Québec, shall serve and file their factum and book of authorities, if any, on or before February 3, 2020.

g) Any attorney general intervening in the appeal under Rule 33(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities, if any, on or before March 11, 2020.

h) The records, factums and books of authorities, if any, of the respondents, Chief Justice, Senior Associate Chief Justice and Associate Chief Justice of the Superior Court of Quebec and the Attorney General of Quebec, shall be served and filed on or before February 17, 2020.

Judgment reserved
2020-08-17 Correspondence (sent by the Court) to, all parties; information regarding the appeal hearing in this matter.
2020-08-12 Notice of appearance, (Letter Form), Will not be appearing before the Court. Will rely on their written submissions only.
Attorney General of Alberta
2020-08-12 Notice of appearance, (Letter Form), AMENDED Notice - Marc-André Fabien, Ad. E. and Vincent Cérat Lagana will appear before the court, will both present oral arguments.
Conseil de la magistrature du Québec
2020-07-14 Reply factum on appeal, (Book Form), Completed on: 2020-07-14 Attorney General of Quebec
2020-06-19 Response to the motion for a stay of execution, (Letter Form), Completed on: 2020-06-19, (Printed version due on 2020-06-26) Conseil de la magistrature du Québec
2020-06-19 Response to the motion for a stay of execution, (Letter Form), Completed on: 2020-06-19, (Printed version due on 2020-06-26) Chief Justice
2020-06-18 Response to the motion for a stay of execution, (Letter Form), Completed on: 2020-06-18, (Printed version due on 2020-06-25) Canadian Association of Provincial Court Judges
2020-06-17 Response to the motion for a stay of execution, (Letter Form), Completed on: 2020-06-17, (Printed version due on 2020-06-24) Conférence des juges de la Cour du Québec
2020-06-12 Motion for a stay of execution, (Book Form),
MISSING: filing fee, Incomplete, (Printed version due on 2020-06-19)
Attorney General of Quebec
2020-05-15 Order on motion for additional time to present oral argument, by the Chief Justice (sent to parties by email)
2020-05-15 Decision on motion for additional time to present oral argument, CJ, UPON APPLICATIONS by the Attorney General of Quebec and the Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Superior Court of Quebec for an order granting additional time to present oral argument at the hearing of the appeals;

AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions are granted in part.

The Attorney General of Quebec is granted permission to present oral argument not exceeding forty (40) minutes at the hearing of the appeals.

Conférence des juges de la Cour du Québec, Conseil de la magistrature du Québec and the Association of Provincial Court Judges are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeals.

The Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Superior Court of Quebec are granted permission to present oral argument not exceeding ninety (90) minutes at the hearing of the appeals.

The Attorney General of Quebec is granted permission to present oral argument for the reply not exceeding ten (10) minutes at the hearing of the appeals.

The Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Superior Court of Quebec are granted permission to present oral argument for the reply not exceeding five (5) minutes at the hearing of the appeals.
Allowed in part
2020-05-15 Submission of motion for additional time to present oral argument, (2 motions), CJ
2020-05-08 Supplemental document, (Letter Form), Letter dated February 5, 2020, in support of motion for additional time to present oral argument., Completed on: 2020-05-08, (Printed version due on 2020-05-15) Chief Justice
2020-05-08 Correspondence received from, (Letter Form), Véronique Roy.
Request to add letter dated February 5, 2020, in support of motion for additional time to present oral argument., (Printed version due on 2020-05-15)
Chief Justice
2020-05-08 Response to the motion for additional time to present oral argument, (Letter Form), Completed on: 2020-05-08, (Printed version due on 2020-05-15) Conseil de la magistrature du Québec
2020-05-06 Correspondence received from, (Letter Form), Véronique Roy
No comments with regards to the motion for additional time to present oral argument filed by the Attorney General of Quebec on March 11, 2020., (Printed version due on 2020-05-13)
Chief Justice
2020-05-06 Correspondence (sent by the Court) to, the parties. New tentative hearing date set for September 24, 2020 (previous hearing date was April 15, 2020, but hearing was adjourned in March 2020 due to Covid-19).
2020-03-30 Response to the motion for additional time to present oral argument, (Letter Form), Completed on: 2020-03-30, (Printed version due on 2020-04-06) Attorney General of Quebec
2020-03-24 Notice of appearance, (Letter Form), Marc-André Fabien, Vincent Cérat Lagana and Jesse Hartery will appear before the court. Mr. Fabien and Mr. Cérat Lagana will present oral arguments.
Conseil de la magistrature du Québec
2020-03-24 Correspondence received from, (Letter Form), Véronique Roy. Letter with regards to the hearing scheduled on April 15 and the current COVID-19 situation., (Printed version due on 2020-03-31) Chief Justice
2020-03-23 Notice of appearance, (Letter Form), Daniel Huffaker will appear before the court, and will present oral arguments.
Attorney General of Ontario
2020-03-23 Intervener's factum, (Book Form), Completed on: 2020-03-23 Canadian Superior Courts Judges Association
2020-03-23 Intervener's factum, (Book Form), Completed on: 2020-03-23 Trial Lawyers Association of British Columbia
2020-03-20 Notice of appearance, (Letter Form), J. Gareth Morley and Zachary Froese will appear before the court. Mr. Morley will present oral arguments.
Attorney General of British Columbia
2020-03-20 Intervener's factum, (Book Form), Completed on: 2020-03-20 Canadian Council of Chief Judges
2020-03-19 Motion for additional time to present oral argument, (Book Form),
MISSING: filing fee, Incomplete, (Printed version due on 2020-03-26)
Chief Justice
2020-03-11 Motion for additional time to present oral argument, (Book Form),
MISSING: filing fee (received 2020-03-12), Incomplete, (Printed version due on 2020-03-18)
Attorney General of Quebec
2020-03-11 Intervener's factum, (Book Form), Completed on: 2020-03-11 Attorney General of Alberta
2020-03-11 Intervener's book of authorities, (Book Form), Completed on: 2020-03-11 Attorney General of Canada
2020-03-11 Intervener's factum, (Book Form), Completed on: 2020-03-11 Attorney General of Canada
2020-03-11 Intervener's book of authorities, (Book Form), Completed on: 2020-03-11 Attorney General of British Columbia
2020-03-11 Intervener's factum, (Book Form), Completed on: 2020-03-11 Attorney General of British Columbia
2020-03-11 Notice of hearing sent to parties
2020-03-10 Intervener's factum, (Book Form), Completed on: 2020-03-10 Attorney General of Ontario
2020-02-20 Order on motion for leave to intervene, by Justice Rowe
2020-02-20 Decision on the motion for leave to intervene, Row, UPON APPLICATIONS by the Canadian Council of Chief Judges, the Trial Lawyers Association of British Columbia and the Canadian Superior Courts Judges Association for leave to intervene in the first four (4) above appeals;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motions for leave to intervene are granted and the said three (3) interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before March 23, 2020.

The said three (3) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals.

The Attorney General of Quebec, the Chief Justice, Senior Associate Chief Justice and Associate Chief Justice of the Superior Court of Quebec and the Canadian Association of Provinicial Court Judges are each granted permission to serve and file a single factum in response to all interventions not to exceed ten (10) pages in length on or before March 30, 2020.

The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. The Canadian Council of Chief Judges may however rely on the affidavit of Chief Justice Terrence J. Matchett.


Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and the respondents any additional disbursements resulting from their interventions.

IT IS HEREBY FURTHER ORDERED THAT:

The attorneys general intervening in the appeals under Rule 33(4) of the Rules of the Supreme Court of Canada, the Attorney General of Canada, the Attorney General of Ontario, the Attorney General of British Columbia and the Attorney General of Alberta, are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeals.

Granted
2020-02-20 Submission of motion for leave to intervene, (3 motions), Row
2020-02-18 Correspondence received from, (Letter Form), RE: Amended intervener factum Conférence des juges de la Cour du Québec
2020-02-17 Certificate of counsel (attesting to record), (Letter Form) Chief Justice
2020-02-17 Respondent's record, (Book Form), Completed on: 2020-02-17 Chief Justice
2020-02-17 Respondent's book of authorities, (Book Form), (2 volumes), Completed on: 2020-02-17 Chief Justice
2020-02-17 Respondent's factum, (Book Form), Completed on: 2020-02-17 Chief Justice
2020-02-13 Respondent's factum, (Book Form), Missing: Proof of Service (rec' 02/18/20), Completed on: 2020-02-18 Attorney General of Quebec
2020-02-03 Intervener's factum, (Letter Form), AMENDED FACTUM rec' February 18, 2020, Completed on: 2020-02-19 Conférence des juges de la Cour du Québec
2020-02-03 Intervener's book of authorities, (Book Form), Completed on: 2020-02-03 Canadian Association of Provincial Court Judges
2020-02-03 Intervener's factum, (Book Form), Courtesy copies filed on May 15, 2020., Completed on: 2020-02-03 Canadian Association of Provincial Court Judges
2020-02-03 Intervener's factum, (Book Form), Completed on: 2020-02-03 Conseil de la magistrature du Québec
2020-01-31 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-02-11 Chief Justice
2020-01-30 Response to the motion for leave to intervene, (Letter Form), dated January 30, 2020 (joint-3 motions), Completed on: 2020-01-30 Conférence des juges de la Cour du Québec
2020-01-30 Response to the motion for leave to intervene, (Letter Form), dated January 29, 2020 (to all three motions), Completed on: 2020-01-30 Attorney General of Quebec
2020-01-20 Notice of name, (Letter Form) Canadian Superior Courts Judges Association
2020-01-20 Motion for leave to intervene, (Book Form), First question only., Completed on: 2020-01-20 Canadian Superior Courts Judges Association
2020-01-20 Notice of name, (Letter Form) Trial Lawyers Association of British Columbia
2020-01-20 Motion for leave to intervene, (Book Form), First question only., Completed on: 2020-01-20 Trial Lawyers Association of British Columbia
2020-01-20 Notice of name, (Letter Form) Canadian Council of Chief Judges
2020-01-20 Motion for leave to intervene, (Book Form), First question only., Completed on: 2020-01-20 Canadian Council of Chief Judges
2020-01-14 Order on motion to extend time to serve and/or file notice of appeal, by MARTIN J.
2020-01-14 Decision on motion to extend time to serve and/or file notice of appeal, Mar,
À LA SUITE DE LA DEMANDE présentée par l’appelant, le Conseil de la magistrature du Québec, en vue d’obtenir la prorogation du délai de signification et de dépôt de son avis d’appel amendé au 9 décembre 2019;
ET APRÈS EXAMEN des documents déposés;
IL EST ORDONNÉ CE QUI SUIT :
La requête est accueillie.
Granted
2020-01-14 Submission of motion to extend time to serve and/or file notice of appeal submitted, Mar
2019-12-18 Correspondence received from, (Letter Form), Jasmine Leindecker (for Karen Perron)
Request for clarification of filing deadlines.
Conférence des juges de la Cour du Québec
2019-12-17 Response to motion to extend time, (Letter Form), Completed on: 2019-12-19 Attorney General of Quebec
2019-12-10 Appellant's record, (Book Form), Missing: Form 24A, Incomplete Canadian Association of Provincial Court Judges
2019-12-10 Appellant's book of authorities, (Book Form), Completed on: 2019-12-10 Canadian Association of Provincial Court Judges
2019-12-10 Appellant's factum, (Book Form), Missing: New covers pages
Courtesy French copies filed May 15, 2020., Incomplete
Canadian Association of Provincial Court Judges
2019-12-10 Certificate of counsel (attesting to record), (Letter Form) Conférence des juges de la Cour du Québec
2019-12-10 Appellant's record, (Book Form), (2 volumes), Completed on: 2019-12-10 Conférence des juges de la Cour du Québec
2019-12-10 Appellant's book of authorities, (Book Form), (2 volumes), Completed on: 2019-12-10 Conférence des juges de la Cour du Québec
2019-12-10 Appellant's factum, (Book Form), Completed on: 2019-12-10 Conférence des juges de la Cour du Québec
2019-12-10 Appellant's book of authorities, (Book Form), (2 volumes), Completed on: 2019-12-10 Conseil de la magistrature du Québec
2019-12-10 Appellant's factum, (Book Form), Completed on: 2019-12-10 Conseil de la magistrature du Québec
2019-12-10 Certificate of counsel (attesting to record), (Letter Form) Chief Justice
2019-12-10 Certificate (on limitations to public access), (Letter Form) Chief Justice
2019-12-10 Appellant's record, (Book Form), (2 volumes), Completed on: 2019-12-10 Chief Justice
2019-12-10 Appellant's book of authorities, (Book Form), Completed on: 2019-12-10 Chief Justice
2019-12-10 Appellant's factum, (Book Form), Completed on: 2019-12-10 Chief Justice
2019-12-10 Certificate of counsel (attesting to record), (Letter Form) Attorney General of Quebec
2019-12-10 Appellant's record, (Book Form), (7 volumes), Completed on: 2019-12-10 Attorney General of Quebec
2019-12-09 Motion to extend the time to serve and/or file the notice of appeal, (Book Form), to serve and file an amended notice of appeal, Completed on: 2019-12-09 Conseil de la magistrature du Québec
2019-12-09 Appellant's book of authorities, (Book Form), Completed on: 2019-12-13 Attorney General of Quebec
2019-12-09 Appellant's factum, (Book Form), Completed on: 2019-12-13 Attorney General of Quebec
2019-12-02 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2019-11-19 Correspondence received from, (Letter Form), Audrey Mayrand.
Letter requesting direction for the filing deadline of the appellant's appeal documents.
Canadian Association of Provincial Court Judges
2019-11-08 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-11-08 Attorney General of Alberta
2019-11-08 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-11-08 Attorney General of Canada
2019-11-07 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-11-07 Attorney General of British Columbia
2019-11-07 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-11-07 Attorney General of Ontario
2019-10-29 Notice of change of counsel, Modification to the list of counsel and change of agent Attorney General of British Columbia
2019-10-18 Letter acknowledging receipt of a notice of appeal, for all five appeals
2019-10-15 Certificate (on limitations to public access), (Letter Form), 23A Chief Justice
2019-10-15 Notice of constitutional question(s), (Letter Form),
Attorneys General served on October 11, 2019, Completed on: 2019-10-15
Chief Justice
2019-10-15 Notice of appeal, (Letter Form),
FIFTH APPEAL, Completed on: 2019-10-15
Chief Justice
2019-10-11 Notice of name, (Letter Form) Canadian Association of Provincial Court Judges
2019-10-11 Certificate (if inappropriate for a judge to take part in adjudication), (Letter Form), 23C Canadian Association of Provincial Court Judges
2019-10-11 Certificate (on limitations to public access), (Letter Form), 23A Canadian Association of Provincial Court Judges
2019-10-11 Notice of constitutional question(s), (Letter Form),
Attorneys General served on October 11, 2019, Completed on: 2019-10-11
Canadian Association of Provincial Court Judges
2019-10-11 Notice of appeal, (Letter Form),
FOURTH APPEAL, Completed on: 2019-10-11
Canadian Association of Provincial Court Judges
2019-10-10 Notice of name, (Letter Form) Conseil de la magistrature du Québec
2019-10-10 Certificate (on limitations to public access), (Letter Form), 23A Conseil de la magistrature du Québec
2019-10-10 Notice of constitutional question(s), (Letter Form),
-Attorney General of Manitoba served on October 18, 2019
-All other Attorneys General served on October 10, 2019
-Proof of service on the Attorney General of Manitoba missing (reçue le 18 octobre 2019), Completed on: 2019-10-18
Conseil de la magistrature du Québec
2019-10-10 Notice of appeal, (Letter Form), Amended notice appeal was filed on December 9, 2019
THIRD APPEAL
Filing fee missing (received on October 18, 2019)
, Completed on: 2019-10-18
Conseil de la magistrature du Québec
2019-10-10 Certificate (on limitations to public access), (Letter Form), 23A Attorney General of Quebec
2019-10-10 Notice of constitutional question(s), (Letter Form),
All Attorneys General served on October 10, 2019, Completed on: 2019-10-10
Attorney General of Quebec
2019-10-10 Notice of appeal, (Letter Form),
SECOND APPEAL
Filing fee missing (received October 18, 2019)
, Completed on: 2019-10-18
Attorney General of Quebec
2019-10-10 Notice of name, (Letter Form) Conférence des juges de la Cour du Québec
2019-10-10 Certificate (on limitations to public access), (Letter Form), 23A Conférence des juges de la Cour du Québec
2019-10-10 Notice of constitutional question(s), (Letter Form), Attorneys General served on October 10, 2019
Electronic version missing (rec' 12/10/19), Completed on: 2019-10-18
Conférence des juges de la Cour du Québec
2019-10-10 Notice of appeal, (Book Form),
FIRST APPEAL
Electronic version missing, Completed on: 2019-10-18
Conférence des juges de la Cour du Québec