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20415

Protestant School Board of Greater Montreal, et al. v. Attorney General of Quebec

(Quebec) (Civil) (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)
1990-03-29 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1990-03-29 Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON)
1990-03-29 Copy of formal judgment being prepared, Soloway, Wright (Ottawa,ON)
1990-03-29 Copy of formal judgment being prepared, Noël, Décary (Hull,Qc)
1990-03-29 Formal judgment sent to the registrar of the court of appeal and all parties, (Québec,Qc)
1989-08-10 Decision on the motion for a re-hearing of the appeal
1989-06-27 All material on motion for a re-hearing of the appeal submitted to Justices
1989-06-23 General proceeding, to note 7 copies of authorities on a motion for re-hearing Protestant School Board of Greater Montreal
1989-06-23 General proceeding, to note 7 copies of statutory material on a motion for re-hearing Protestant School Board of Greater Montreal
1989-06-23 General proceeding, to note 7 copies of Chronology of proceedings on a motion for re-hearing Protestant School Board of Greater Montreal
1989-06-02 General proceeding, to note 10 copies of appellants' reply on motion for a re-hearing Protestant School Board of Greater Montreal
1989-05-26 General proceeding, to note 10 copies of Respondent's factum on re-hearing Attorney General of Quebec
1989-05-26 General proceeding, to note proof of service of respondent's factum on re-hearing, with service Attorney General of Quebec
1989-05-16 Order on motion to extend time, to serve & file a motion for a re-hearing
1989-05-12 Decision on motion to extend time, to serve & file a motion for a re-hearing of the appeal. Time for the respondent to file his response is extended to two weeks from this order., LaF
Granted, no order as to costs
1989-05-12 Hearing of motion to extend time, 1989-05-12, to serve & file a motion for a re-hearing of the appeal. Time for the respondent to file his response is extended to two weeks from this order., LaF
1989-05-12 Submission of motion to extend time, 1989-05-12, to serve & file a motion for a re-hearing of the appeal. Time for the respondent to file his response is extended to two weeks from this order., LaF
1989-05-12 Notice of miscellaneous motion, for a re-hearing, 10 copies, with service Protestant School Board of Greater Montreal
1989-05-08 Motion to extend time, time to serve & file motion for a re-hearing of the appeal, with service Protestant School Board of Greater Montreal
1989-03-22 Notice of deposit of judgment sent to all parties, Robert Décary (Hull,QC)
1989-03-22 Notice of deposit of judgment sent to all parties, Gowling & Henderson (Ottawa,ON)
1989-03-22 Notice of deposit of judgment sent to all parties, Mr. Robert E. Houston (Ottawa,ON)
1989-03-22 Notice of deposit of judgment sent to all parties, Mr. W.G. Burke-Robertson (Ottawa,ON)
1989-03-16 Judgment on the appeal rendered, CJ B McI La W LeD LaF, The appeal is dismissed with costs. No order as to costs is made for or against the interveners. Le Dain J. did not participate in the judgment.
Dismissed, with costs
1989-03-16 Correspondence (sent by the Court) to, returning court record.
1988-06-07 Hearing of the appeal, 1988-06-07, CJ B McI La W LeD LaF
Decision reserved
1988-06-03 Correspondence (sent by the Court) to, dated June 02/88
1988-05-31 Book of authorities, , 14 copies vols. 1 to 3 Protestant School Board of Greater Montreal
1988-05-31 Intervener's factum, , 21 copies, with service Attorney General of Newfoundland
1988-05-27 Hearing of miscellaneous motion, 1988-02-18, (On consent of the parties, motion adjourned sine die), CJ
1988-05-27 Book of authorities, , 6 copies, with service Attorney General for Ontario
1988-05-27 Intervener's factum, , 21 copies, with service Attorney General for Ontario
1988-05-26 Notice of miscellaneous motion, for the filing of concise statement of facts Protestant School Board of Greater Montreal
1988-05-17 Respondent's factum, , 21 copies, with service Attorney General of Quebec
1988-05-10 Service, of exhibits
1988-05-03 Order on miscellaneous motion, for an order amending filing date for Respondent's and Intervenor's factum
1988-05-03 Decision on miscellaneous motion, for an order amending filing date for Respondent's and Intervenor's factum (Respondent's factum by May 16/88 and Intervenor's factum by May 30/88), McI
Granted, no order as to costs
1988-05-03 Hearing of miscellaneous motion, 1988-05-03, for an order amending filing date for Respondent's and Intervenor's factum (Respondent's factum by May 16/88 and Intervenor's factum by May 30/88), McI
1988-05-03 Submission of miscellaneous motion, 1988-05-03, for an order amending filing date for Respondent's and Intervenor's factum (Respondent's factum by May 16/88 and Intervenor's factum by May 30/88), McI
1988-04-29 Affidavit, for an order amending filing date for Respondent's and Intervenor's factum Attorney General of Quebec
1988-04-29 Notice of miscellaneous motion, for an order amending filing date for respondent's and Intervenor's factum Attorney General of Quebec
1988-04-22 Book of authorities, BOOK OF EXHIBITS (Supplement to Case on Appeal) 21 copies of vol. B to H Attorney General of Quebec
1988-04-21 Notice of hearing, With service Protestant School Board of Greater Montreal
1988-04-11 Appeal hearing scheduled, 1988-06-07
Decision reserved
1988-04-11 Appeal perfected for hearing, Session beginning on 1988-04-25
1988-04-06 Affidavit, for an order permitting the filing of exhibits I-7 and I-8 Protestant School Board of Greater Montreal
1988-04-06 Notice of miscellaneous motion, for an order permitting the filing of exhibits I-7 and I-8, with service Protestant School Board of Greater Montreal
1988-03-18 Book of authorities, , 20 copies, with service Protestant School Board of Greater Montreal
1988-03-18 Appellant's factum, , 21 copies (service admitted June 05/89), with service Protestant School Board of Greater Montreal
1988-03-04 Service, of casebook
1988-02-24 Trial court record
1988-02-24 Case on appeal Protestant School Board of Greater Montreal
1988-02-19 Service, of casebook
1988-02-19 Order on miscellaneous motion, for an order varying the order of the Constitutional Question
1988-02-18 Decision on miscellaneous motion, for an order vaying the order of the Constitutional Question. Motion granted. Case on Appeal by Feb 18/88; Respondent's portion by March 10/88; Factum by March 18/88, CJ
Granted, no order as to costs
1988-02-18 Hearing of miscellaneous motion, 1988-02-18, for an order vaying the order of the Constitutional Question. Motion granted. Case on Appeal by Feb 18/88; Respondent's portion by March 10/88; Factum by March 18/88, CJ
1988-02-18 Submission of miscellaneous motion, 1988-02-18, for an order vaying the order of the Constitutional Question. Motion granted. Case on Appeal by Feb 18/88; Respondent's portion by March 10/88; Factum by March 18/88, CJ
1988-02-18 Case on appeal, , 20 copies vols. 1 to 8 and vol. A Protestant School Board of Greater Montreal
1988-02-18 Response to miscellaneous motion, for an order varying the order of the Constitutional Question Attorney General of Quebec
1988-02-15 Affidavit, for an order varying the order of the Constitutional Question, with service Protestant School Board of Greater Montreal
1988-02-15 Notice of miscellaneous motion, for an order vaying the order of the Constitutional Question Protestant School Board of Greater Montreal
1988-01-21 Notice of intervention respecting a constitutional question, With service Attorney General for Ontario
1988-01-20 Notice of intervention respecting a constitutional question Attorney General of Newfoundland
1987-12-23 Notice of constitutional question(s), With service Protestant School Board of Greater Montreal
1987-12-22 Correspondence (sent by the Court) to, advising of judgment sent to M.C. Paquette (Mtl,Qc)
1987-12-22 Notice of constitutional question(s), With service Protestant School Board of Greater Montreal
1987-12-17 Decision on the motion to state a constitutional question, (For Constitutional Question see file or Reg's Red Bk #6 @ p.355. Interventions by Jan 22/88; Casebook by Jan 29/88; Appellant's factum by Mar 01/88; Respondent's factum by May 02/88; Appellant's reply by May 16/88; Intervenor's factum by May 16/88;), CJ
Granted, no order as to costs
1987-12-17 Hearing of the motion to state a constitutional question, 1987-12-17, (For Constitutional Question see file or Reg's Red Bk #6 @ p.355. Interventions by Jan 22/88; Casebook by Jan 29/88; Appellant's factum by Mar 01/88; Respondent's factum by May 02/88; Appellant's reply by May 16/88; Intervenor's factum by May 16/88;), CJ
1987-12-17 Submission of motion to state a constitutional question, 1987-12-17, (For Constitutional Question see file or Reg's Red Bk #6 @ p.355. Interventions by Jan 22/88; Casebook by Jan 29/88; Appellant's factum by Mar 01/88; Respondent's factum by May 02/88; Appellant's reply by May 16/88; Intervenor's factum by May 16/88;), CJ
1987-12-11 Motion to expedite the appeal, With service Protestant School Board of Greater Montreal
1987-12-11 Motion to state a constitutional question, With service Protestant School Board of Greater Montreal
1987-12-07 Order granting leave to appeal
1987-12-04 $500 security deposit paid, receipt # 2014 Protestant School Board of Greater Montreal
1987-12-04 Notice of deposit of security, With service
1987-12-03 Notice of appeal, With service Protestant School Board of Greater Montreal
1987-12-03 Judgment of the Court on the application for leave to appeal, B La LaF
Granted, with costs in the cause
1987-10-19 General proceeding, to note 10 copies of reply to supplementary argument Attorney General of Quebec
1987-07-09 Notice of miscellaneous motion, for leave to file supplementary argument, 5 copies Protestant School Board of Greater Montreal
1987-07-09 General proceeding, to note 5 copies of supplementary argument, with service Protestant School Board of Greater Montreal
1987-06-23 Hearing of the application for leave to appeal, 1987-06-23, B La LaF
Decision reserved
1987-06-23 All materials on application for leave submitted to the Judges, 1987-06-23, B La LaF
Decision reserved
1987-06-17 Book of authorities, , 3 copies Protestant School Board of Greater Montreal
1987-05-19 General proceeding, to note 5 copies of appendices to motion book, with service Protestant School Board of Greater Montreal
1987-05-19 $30.00 filing fee, receipt # 10648 Protestant School Board of Greater Montreal
1987-05-19 Application for leave to appeal, , 5 copies, with service, Completed on: 1987-05-19 Protestant School Board of Greater Montreal
1984-12-22 Order on motion to state a constitutional question

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
Protestant School Board of Greater Montreal Applicant Active
Greater Quebec School Board Applicant Active
Lakeshore School Board Applicant Active
Quebec Association of Protestant School Boards Applicant Active

v.

Main parties - Respondents
Name Role Status
Attorney General of Quebec Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Newfoundland Intervener Active
Attorney General for Ontario Intervener Active
Attorney General of New Brunswick Intervener Active

Counsel

Party: Protestant School Board of Greater Montreal

Counsel
Name
Colin K. Irving
Contact information
McMaster Meighen
900 - 1000 RUE DE LA GAUCHETIERE O
MONTRÉAL, Quebec
H3B 4W5
Telephone: (514) 879-1212
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Greater Quebec School Board

Counsel
Name
Colin K. Irving
Contact information
McMaster Meighen
900 - 1000 RUE DE LA GAUCHETIERE O
MONTRÉAL, Quebec
H3B 4W5
Telephone: (514) 879-1212
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Lakeshore School Board

Counsel
Name
Colin K. Irving
Contact information
McMaster Meighen
900 - 1000 RUE DE LA GAUCHETIERE O
MONTRÉAL, Quebec
H3B 4W5
Telephone: (514) 879-1212
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Quebec Association of Protestant School Boards

Counsel
Name
Colin K. Irving
Contact information
McMaster Meighen
900 - 1000 RUE DE LA GAUCHETIERE O
MONTRÉAL, Quebec
H3B 4W5
Telephone: (514) 879-1212
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Attorney General of Quebec

Counsel
Name
Jean-Yves Bernard
Contact information
Bernard, Roy & Associes
8.01 - 1 RUE NOTRE-DAME E
MONTRÉAL, Quebec
H2Y 1B6
Telephone: (514) 393-2336
FAX: (514) 873-7074
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 Newfoundland

Agent
Name
W.G. Burke-Robertson, Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Attorney General for Ontario

Counsel
Name
John Cavarzan, Q.C.
Contact information
Attorney General for Ontario
720 BAY ST
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-2220
Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Attorney General of New Brunswick

Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

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

October 31, 1985
Superior Court of Quebec

500-05-011866-843

Motion dismissed

May 4, 1987
Court of Appeal of Quebec (Québec)

500-09-001569-854

Appeal dismissed on the merits

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

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Webcasts

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Date modified: 2025-05-13