Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
24607
Gloria Augustus v. Montreal Urban Community, et al.
(Quebec) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1997-07-30 | Appeal closed | |
| 1997-02-19 | Payment out cheque issued, cheque #2201-05256399 dated Jan 28/97 in the amount of $530.97 payed to Pearl Ass. | |
| 1997-01-16 | Approved order for payment out, sent to finance January 22, 1997 | |
| 1997-01-06 | $50.00 filing fee for a bill of costs for taxation, receipt #33303 | |
| 1996-12-23 | Certificate of taxation issued to, Richard Gaudreau | |
| 1996-12-20 | Decision on the bill of costs, by the Deputy registrar at $22,771.53 | |
| 1996-12-18 | Correspondence (sent by the Court) to, (by fax) from Pearl * Ass.; re: replying to the objection of the bill of costs | |
| 1996-12-17 | Objection to the taxation of the bill of costs, (letterform), Completed on: 1996-12-17 | Montreal Urban Community |
| 1996-11-05 | Record returned to the Registrar of the Court of Appeal, (1 box) | |
| 1996-10-17 | Formal judgment sent to the registrar of the court of appeal and all parties, Quebec (Montreal) | |
| 1996-10-17 | Copy of formal judgment being prepared, Noël, Berthiaume | |
| 1996-10-17 | Copy of formal judgment being prepared, Bergeron, Gaudreau | |
| 1996-10-03 |
Judgment on the appeal rendered, LaF L'HD G Co McL, The appeal is allowed in part solely to refer the matter back to the Quebec Court of Appeal so that it may determine the quantum of compensatory damages for solatium doloris after hearing the parties on this point and in accordance with the criteria established in this judgment, the whole with costs throughout. Allowed, no order as to costs |
|
| 1996-10-03 | Notice of deposit of judgment sent to all parties, Noël, Berthiaume | |
| 1996-10-03 | Notice of deposit of judgment sent to all parties, Bergeron, Gaudreau | |
| 1996-06-18 | General proceeding, transcript received and distributed to the justices (102 p.) | |
| 1996-06-10 | General proceeding, 10 copies of vol. I & II of RECUEIL CONDENSÉ | Gloria Augustus |
| 1996-06-10 | General proceeding, 12 copies of RECUEIL CONDENSÉ | Montreal Urban Community |
| 1996-06-10 |
Hearing of the appeal, 1996-06-10, LaF L'HD G Co McL Decision reserved |
|
| 1996-06-07 | Correspondence (sent by the Court) to, from Noel, Berthiaume re: duration of argument | |
| 1996-06-06 | General proceeding, 12 copies of RECUEIL CONDENSÉ OF VOL. 1 AND 2 | Montreal Urban Community |
| 1996-06-04 | Correspondence (sent by the Court) to, from Pearl & Ass. to A. Roland, letter dated June 4/96 re: names of counsel appearing at the hearing of the appeal (fax copy) | |
| 1996-04-25 |
Appeal hearing scheduled, 1996-06-10 Decision reserved |
|
| 1996-04-19 | General proceeding, to note 24 copies of new pages 8, 9, 11 and 44 to be inserted in the appellant's factum | Gloria Augustus |
| 1996-04-12 | Book of authorities, 10 copies of vols. 1 to 4, Completed on: 1996-04-12 | Gloria Augustus |
| 1996-04-11 | Correspondence (sent by the Court) to, sent to Reevin Pearl (Montréal, QC) a copy of the notice to the profession dealing with books of authorities c.c. Richard Gaudreau | |
| 1996-04-01 | Notice of hearing, (1 copy) | Gloria Augustus |
| 1996-03-25 | Correspondence (sent by the Court) to, (by fax) from Reevin Pearl; re: requesting that 3 lawyers be permitted to oral argument at the hearing of the appeal | |
| 1996-03-22 | Respondent's factum, 24 copies, with service, Completed on: 1996-03-22 | Allan Gosset |
| 1996-03-22 | Appeal perfected for hearing, Session beginning on 1996-04-22 | |
| 1996-03-22 | Respondent's factum, 24 copies, with service, Completed on: 1996-03-22 | Montreal Urban Community |
| 1996-02-23 | Certified casebook, 1 copy of vols. 1 to 12 | Gloria Augustus |
| 1996-02-23 | Appeal court record, 4 boxes | |
| 1996-02-09 | Proof of service, of factum | |
| 1996-01-26 | Appellant's factum, 24 copies, Completed on: 1996-01-26 | Gloria Augustus |
| 1996-01-26 | Proof of service, of Case on Appeal (admitted to Jan. 5/96) | |
| 1996-01-04 | Case on appeal, 10 copies of vol. I to XII (see orders of Dec. 18 and Dec. 21/95) | Gloria Augustus |
| 1995-12-21 | Order on motion to extend time, to file the case on appeal | |
| 1995-12-21 |
Decision on motion to extend time, to file case on appeal to Jan 5/96, Reg Granted, no order as to costs |
|
| 1995-12-21 | Hearing of motion to extend time, 1995-12-21, to file case on appeal to Jan 5/96, Reg | |
| 1995-12-21 | Submission of motion to extend time, 1995-12-21, to file case on appeal to Jan 5/96, Reg | |
| 1995-12-19 | $50.00 filing fee for notice of motion, to extend time receipt #31262 | Gloria Augustus |
| 1995-12-19 | Affidavit, to file the Case on Appeal to Jan. 5/96 (of James Murphy) | Gloria Augustus |
| 1995-12-19 | Motion to extend time, to file the Case on Appeal to Jan. 5/96 | Gloria Augustus |
| 1995-12-18 | Order on motion to reduce number of copies | |
| 1995-12-18 |
Decision on motion to reduce number of copies, to ten, Reg Granted, no order as to costs |
|
| 1995-12-18 | Hearing of motion to reduce number of copies, 1995-12-18, to ten, Reg | |
| 1995-12-18 | Submission of motion to reduce number of copies, 1995-12-18, to ten, Reg | |
| 1995-12-13 | $50.00 filing fee for notice of motion, to reduce the number of copies receipt #31191 | Gloria Augustus |
| 1995-12-13 | Response to motion to reduce number of copies, to 10 only | Allan Gosset |
| 1995-12-13 | Response to motion to reduce number of copies, to 10 only | Montreal Urban Community |
| 1995-12-13 | Affidavit, to 10 only (of Reevin Pearl) | Gloria Augustus |
| 1995-12-13 | Motion to reduce number of copies, to 10 only | Gloria Augustus |
| 1995-10-03 | Notice of deposit of security, With service | |
| 1995-09-28 | Correspondence (sent by the Court) to, envoyé à Leduc Bélanger Boisvert Laurendeau Rivard (Montréal, QC) avec copie de l'article 32 des règles joint | |
| 1995-09-28 | Correspondence (sent by the Court) to, sent to Lanctôt Létourneau Raiche Dufour (Montréal QC) enclosing copy of Rule 32 c.c. Noël, Berthiaume | |
| 1995-09-28 | Correspondence (sent by the Court) to, sent to Pearl & Associates (Montréal, QC) enclosing copy of Rule 32 c.c. Bergeron, Gaudreau | |
| 1995-09-27 | $10.00 fee for depositing security, receipt no. 30757 | Gloria Augustus |
| 1995-09-27 | Notice of appeal, (1 copy), with service | Gloria Augustus |
| 1995-09-27 | $500 security deposit paid, receipt no. 2353 | Gloria Augustus |
| 1995-06-29 |
Judgment of the Court on the application for leave to appeal, CJ L'HD G, The application for leave to appeal is granted on the following three grounds: The majority opinion of the Court of Appeal erred in law by refusing to recognize that Applicant personally has a right to claim compensatory damages arising out of the loss of life of her son under the heading solatium doloris pursuant to Articles 1053 and 1056 of the Civil Code of Lower Canada as Fish, J. ruled in his dissent and/or inconformity with the right of parenthood under Sections 1, 37 et seq. and 4 of the Quebec Charter. The majority of the Court of Appeal denigrated the value of the right to life by refusing to recognize the right of Applicant to obtain a compensatory award for loss of life and loss of life expectancy as part of the patrimony of her son under the Quebec Charter which ruling was the subject of dissent by Fish, J. The majority of the Court of Appeal erred in law with respect to their appreciation of what constitutes willful and intentional acts entitling Applicant to receive exemplary damages under Section 49(2) of the Quebec Charter. Granted, no order as to costs |
|
| 1995-06-29 | Hearing of the application for leave to appeal, 1995-06-29, CJ L'HD G | |
| 1995-06-29 | All materials on application for leave submitted to the Judges, 1995-06-29, CJ L'HD G | |
| 1995-06-29 | Notice of deposit of judgment issued to all parties, Noël, Berthiaume | |
| 1995-06-29 | Notice of deposit of judgment issued to all parties, Bergeron, Gaudreau | |
| 1995-05-05 | All materials on application for leave submitted to the Judges, CJ L'HD G | |
| 1995-04-18 | Proof of service, of the respondent's response (Comm. Urbaine de Montréal) | |
| 1995-04-07 | Respondent's response on the application for leave to appeal, 5 copies, with service | Allan Gosset |
| 1995-04-07 | Respondent's response on the application for leave to appeal, 5 copies | Montreal Urban Community |
| 1995-03-16 | Correspondence received from, sent to Leduc Bélanger Boisvert Laurendeau Rivard (Montréal, QC) enclosing copy of letter dated March 16/95 | |
| 1995-03-16 | Correspondence received from, envoyé à Bergeron, Gaudreau (Hull, QC) pour accuser réception des documents introductifs d'instance | |
| 1995-03-16 | Correspondence received from, sent to Lanctôt Létourneau Raiche Dufour (Montréal, QC) enclosing copy of letter dated March 16, 1995 sent to applicant | |
| 1995-03-15 | Correspondence received from, (by fax) from Reevin Pearl; re: typographical errors in the leave application - TO BE REFERRED TO THE LEAVE PANEL | Gloria Augustus |
| 1995-03-14 | $30.00 filing fee, receipt no. 22257 | Gloria Augustus |
| 1995-03-14 | Application for leave to appeal, 5 copies of vol. 1 and 2, with service, Completed on: 1995-03-14 | Gloria Augustus |
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 |
|---|---|---|
| Augustus, Gloria | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Montreal Urban Community | Respondent | Active |
| Gosset, Allan | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Griffin, Orberth | Other | Active |
Counsel
Party: Augustus, Gloria
Counsel
James Murphy
1170 Place du Frère André
4e Étage
Montréal, Quebec
H3B 3C6
Telephone: (514) 861-1170
FAX: (514) 861-0850
Agent
167, rue Notre Dame
Hull, Quebec
J8X 3T3
Telephone: (819) 770-7928
FAX: (819) 770-1424
Email: bergeron.gaudreau@qc.aira.com
Party: Montreal Urban Community
Counsel
1414 - 1550 RUE METCALFE
MONTRÉAL, Quebec
H3A 3P1
Telephone: (514) 280-3550
FAX: (514) 280-4050
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Gosset, Allan
Counsel
10e ÉTAGE
MONTRÉAL, Quebec
H2L 4C7
Telephone: (514) 844-6216
FAX: (514) 844-8129
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Griffin, Orberth
Counsel
MONTRÉAL, Quebec
H2Y 1L3
Telephone: (514) 842-6064
FAX: (514) 842-7838
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
Superior Court of Quebec
500-05-002668-885
action for compensatory and exemplary damages allowed in part
Court of Appeal of Quebec (Montréal)
500-09-001200-906
appeal granted
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
Related links
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
Related links
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