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17528

Duncan Cross MacDonald v. City of Montreal

(Quebec) (Criminal) (By Leave)

Docket

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

List of proceedings
Date Proceeding Filed By
(if applicable)
1988-08-03 General proceeding, trial court record sent to Claudette Foutant by registered mail
1986-11-28 General proceeding, to note fee on taxation $30.00 City of Montreal
1986-11-28 Certificate of taxation issued to, Noël & Ass.
1986-11-24 Decision on the bill of costs, at $5816.52
1986-11-06 All material on motion for a re-hearing of the appeal submitted to Justices
1986-09-12 Response to the motion for a re-hearing of the appeal, 10 copies Société Franco-Manitobaine
1986-09-10 Reply to the response to the motion for a re-hearing of the appeal, 10 copies, with service Duncan Cross MacDonald
1986-09-04 Correspondence (sent by the Court) to, letter dated today from Attorney General of Canada re. no submissions
1986-08-27 Response to the motion for a re-hearing of the appeal, 10 copies Attorney General of Quebec
1986-08-26 Proof of service, of respondent's fatum on motion for a re-hearing
1986-08-20 Response to the motion for a re-hearing of the appeal, 10 copies, with service City of Montreal
1986-07-25 Correspondence (sent by the Court) to, letter dated July 24/86 filed and issued to Judges
1986-07-02 General proceeding, re-hearing application issued to Judges
1986-06-25 Motion for a re-hearing of the appeal, 10 copies, with service Duncan Cross MacDonald
1986-06-04 Order on motion to extend time
1986-05-30 Decision on motion to extend time, Time extended to June 30/86, McI
Granted, no order as to costs
1986-05-30 Hearing of motion to extend time, 1986-05-30, Time extended to June 30/86, McI
1986-05-30 Submission of motion to extend time, 1986-05-30, Time extended to June 30/86, McI
1986-05-30 Response to motion to extend time City of Montreal
1986-05-30 Motion to extend time, to file motion for rehearing and abridging time for service of same motion., with service Duncan Cross MacDonald
1986-05-01 Judgment on the appeal rendered, However, there will be no order as to costs for or against the interveners., CJ B E McI La W LeD
Dismissed, with costs
1984-12-18 Hearing of the appeal, 1984-12-18, (Dec. 18, 19) (Tape 1, side A & B, 1216 to 1589), CJ B E McI La W LeD
Decision reserved
1984-12-18 Book of authorities, 15 copies Duncan Cross MacDonald
1984-12-13 Intervener's factum, 1 copy, with service Attorney General of Quebec
1984-12-12 Intervener's factum, 20 copies Attorney General of Quebec
1984-12-03 Intervener's factum, 21 copies, with service Attorney General of Canada
1984-12-03 Intervener's factum, 21 copies, with service Société Franco-Manitobaine
1984-11-28 Intervener's factum, 23 copies, with service Alliance Quebec
1984-11-27 Correspondence (sent by the Court) to, letter dated Nov. 21/84
1984-11-27 Intervener's factum, 2 copies Alliance Quebec
1984-11-08 Order on motion for leave to intervene
1984-11-08 Decision on the motion for leave to intervene, Granted to Alliance Québec; factum to be served and filed by 84/12/03, B
Granted, no order as to costs
1984-11-08 Hearing of motion for leave to intervene, 1984-11-08, Granted to Alliance Québec; factum to be served and filed by 84/12/03, B
1984-11-08 Submission of motion for leave to intervene, 1984-11-08, Granted to Alliance Québec; factum to be served and filed by 84/12/03, B
1984-11-08 Response to the motion for leave to intervene Société Franco-Manitobaine
1984-11-06 Affidavit, of service of respondent's factum City of Montreal
1984-11-02 Correspondence (sent by the Court) to, letter dated Nov. 5/84 from Ogilvy, Renault acting as Ottawa Agents
1984-11-01 Affidavit Alliance Quebec
1984-11-01 Motion for leave to intervene, With service Alliance Quebec
1984-11-01 Respondent's factum, 19 copies City of Montreal
1984-10-01 Appeal hearing scheduled, 1984-12-18
Decision reserved
1984-09-25 Order on motion to expedite the appeal
1984-09-17 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, appeal to be heard Dec. 18/84
Granted, no order as to costs
1984-09-17 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1984-09-17, appeal to be heard Dec. 18/84
1984-09-17 Hearing of motion to expedite the appeal, 1984-09-17, appeal to be heard Dec. 18/84
1984-09-17 Submission of motion to expedite the appeal, 1984-09-17, appeal to be heard Dec. 18/84
1984-07-04 Notice of hearing Duncan Cross MacDonald
1984-06-29 Motion to expedite the appeal, on Fall 84 list, with service Duncan Cross MacDonald
1984-06-28 Appeal perfected for hearing, Session beginning on 1984-10-01
1984-06-26 Case on appeal, With service Duncan Cross MacDonald
1984-06-25 Trial court record
1984-06-25 Certified casebook Duncan Cross MacDonald
1984-06-13 Agreement as to contents of case Duncan Cross MacDonald
1984-06-11 Case on appeal, 20 copies Duncan Cross MacDonald
1984-06-11 Appellant's factum, 1 copy, with service Duncan Cross MacDonald
1984-06-08 Appellant's factum, 20 copies Duncan Cross MacDonald
1984-02-02 Notice of withdrawal, With service Attorney General of Manitoba
1983-11-01 Order on motion for leave to intervene
1983-10-31 Decision on the motion for leave to intervene, La
Granted, no order as to costs
1983-10-31 Hearing of motion for leave to intervene, 1983-10-31, La
1983-10-31 Submission of motion for leave to intervene, 1983-10-31, La
1983-10-28 Response to the motion for leave to intervene Duncan Cross MacDonald
1983-10-25 Affidavit Société Franco-Manitobaine
1983-10-25 Motion for leave to intervene, 2 copies, with service Société Franco-Manitobaine
1983-07-21 Notice of intervention respecting a constitutional question Attorney General of Quebec
1983-07-19 Notice of intervention respecting a constitutional question, With service Attorney General of Manitoba
1983-07-18 Notice of intervention respecting a constitutional question, With service Attorney General of Canada
1983-06-28 Notice of constitutional question(s), With service Duncan Cross MacDonald
1983-06-21 Decision on the motion to state a constitutional question, For constitutional question see Registrar's Red Book #5 at p. 179 or file; interventions returnable by July 28, 1983., R
Granted, no order as to costs
1983-06-21 Hearing of the motion to state a constitutional question, 1983-06-21, For constitutional question see Registrar's Red Book #5 at p. 179 or file; interventions returnable by July 28, 1983., R
1983-06-21 Submission of motion to state a constitutional question, 1983-06-21, For constitutional question see Registrar's Red Book #5 at p. 179 or file; interventions returnable by July 28, 1983., R
1983-06-21 Order granting leave to appeal
1983-06-21 $30.00 filing fee, receipt #5596 Duncan Cross MacDonald
1983-06-21 Notice of appeal, With service Duncan Cross MacDonald
1983-06-16 Motion to state a constitutional question Duncan Cross MacDonald
1983-05-17 Judgment of the Court on the application for leave to appeal, CJ R D B E C La
Granted, with costs in the cause
1983-04-27 Hearing of the application for leave to appeal, 1983-04-27, CJ R D B E C La
Decision reserved
1983-04-27 All materials on application for leave submitted to the Judges, 1983-04-27, CJ R D B E C La
Decision reserved
1983-04-11 General proceeding, to note five extra copies filed Duncan Cross MacDonald
1983-03-21 Judgment of the Court on the application for leave to appeal, referred to the Court on April 26/83
Traversed, no order as to costs
1983-03-21 Hearing of the application for leave to appeal, 1983-03-21, referred to the Court on April 26/83
Adjourned
1983-03-21 All materials on application for leave submitted to the Judges, 1983-03-21, referred to the Court on April 26/83
Adjourned
1983-03-10 Application for leave to appeal, 5 copies, with service, Completed on: 1983-03-10 Duncan Cross MacDonald
1983-02-09 Decision on motion to extend time to file and /or serve the leave application, Time extended to March 21/83, B
Granted, no order as to costs
1983-02-09 Hearing of motion to extend time to file and/ or serve the leave application, 1983-02-09, Time extended to March 21/83, B
1983-02-09 Submission of motion to extend time to file and/ or serve the leave application, 1983-02-09, Time extended to March 21/83, B
1983-02-09 Response to the motion to extend the time to file and / or serve the leave application City of Montreal
1983-02-09 Affidavit Duncan Cross MacDonald
1983-02-09 Motion to extend the time to file and or serve the application for leave to appeal Duncan Cross MacDonald

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

Main parties - Appellants
Name Role Status
MacDonald, Duncan Cross Applicant Active

v.

Main parties - Respondents
Name Role Status
City of Montreal Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active
Attorney General of Quebec Intervener Active
Société Franco-Manitobaine Intervener Active
Alliance Quebec Intervener Active
Attorney General of Manitoba Intervener Active

Counsel

Party: MacDonald, Duncan Cross

Counsel
Names
Joseph Eliot Magnet
Walter J. Roustan
Henry Brown
Contact information
357 - 57 Louis Pasteur St.
P.O. Box 450, Stn. A
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800 Ext: 3315
FAX: (613) 562-5124
Email: jmagnet@uottawa.ca

Party: City of Montreal

Counsel
Names
Germain Tremblay
Patrick Long
Neuville Lacroix
Contact information
Cour municipale de Montréal
775, rue Gosford
2e étage
Montréal, Quebec
H2Y 3B9
Telephone: (514) 872-3060
FAX: (514) 872-3400
Agent
Name
Robert Décary, c.r.
Contact information
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

Party: Attorney General of Canada

Counsel
Names
Frank Iacobucci, Q.C.
James A. Mabbutt
Contact information
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 995-2569

Party: Attorney General of Quebec

Counsel
Names
Daniel Jacoby
Réal A. Forest
Lucie Angus
Contact information
Procureur général du Québec
1200 RTE DE L'ÉGLISE
9e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Agent
Name
Robert Décary, c.r.
Contact information
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

Party: Société Franco-Manitobaine

Counsel
Name
Joseph Eliot Magnet
Contact information
357 - 57 Louis Pasteur St.
P.O. Box 450, Stn. A
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800 Ext: 3315
FAX: (613) 562-5124
Email: jmagnet@uottawa.ca

Party: Alliance Quebec

Counsel
Name
Stephen A. Scott
Contact information
3644 RUE PEEL
MONTRÉAL, Quebec
H3A 1W9
Telephone: (514) 392-5124
Agent
Name
Mary Ann Wilcox
Contact information
Ogilvy, Renault
1600 - 45 O'Connor St
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459

Party: Attorney General of Manitoba

This party is not represented by counsel.

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.

None.

Lower court rulings

March 24, 1982
Municipal Court of Quebec

80-449-871-5

accusé est déclaré coupable de la contravention qui lui est reprochée

September 30, 1982
Superior Court of Quebec

500-36-000071-822

not available

December 3, 1982
Court of Appeal of Quebec (Montréal)

500-46-000261-828

la requéte pour permission d'appeler est rejetée, sans frais

Filed documents

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 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 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

Not available

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

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

Not available

Webcasts

Not available.

Date modified: 2025-05-13