Case information
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27295
Her Majesty the Queen in Right of Canada v. Bernard Miller
(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) |
|---|---|---|
| 2001-09-25 | Certificate of taxation issued to, Noel et Associés | |
| 2001-09-25 | Decision on the bill of costs, taxed at $5,751.60, DeRg | |
| 2001-09-25 | Submission of the bill of costs, DeRg | |
| 2001-08-23 | Response to the bill of costs, (Letter Form), Completed on: 2001-08-23 | Her Majesty the Queen in Right of Canada |
| 2001-08-16 | Bill of costs, Completed on: 2001-08-16 | Bernard Miller |
| 2001-03-01 |
Written reasons rendered after oral judgment, CJ L'HD G Ia Ma Ba Bi Arb LeB Dismissed, costs on a party and party basis |
|
| 2001-02-16 | Appeal closed | |
| 2001-02-15 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2001-01-24 | Copy of formal judgment being prepared | |
| 2000-12-13 | Record returned to the Registrar of the Court of Appeal | |
| 2000-11-14 | Transcript received, (47 pages) (joint avec 27307) | |
| 2000-11-03 | Notice of deposit of judgment sent to all parties | |
| 2000-11-01 |
Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeals are dismissed with reasons to follow. (REASONS DELIVERED MARCH 1st/2001) Dismissed, no order as to costs |
|
| 2000-11-01 |
Hearing of the appeal, 2000-11-01, CJ L'HD G Ia Ma Ba Bi Arb LeB Decision rendered |
|
| 2000-11-01 | Acknowledgement and consent for video taping of proceedings, (joint) | |
| 2000-10-24 | Correspondence received from, L.E. Seidman dated Oct. 23/00 re: error in factum also including 24 labels to cover par. 68 at page 20 of factum (joint with 27307) (sent to Judicial Assistants and Court Attendants for correction Oct. 25/00) | Bernard Miller |
| 2000-10-24 | Notice of appearance, (Letter Form), S. Roussel en date du 23 octobre 2000 (télécopieur) | Bernard Miller |
| 2000-10-12 | Supplemental document, (recueil condensé) | Her Majesty the Queen in Right of Canada |
| 2000-10-06 | Order on motion to adduce new evidence, (by the Court) | |
| 2000-10-06 |
Decision on motion to adduce new evidence, Arb, (joint with motion to adduce new evidence) The motion to strike brought by Her Majesty The Queen in right of Canada and by Monit International Inc. is allowed with costs; paragraphs 14, 38, 39, 67, 68, 69, 70 of the respondent's factum, pages 1 to 72 of the respondent's record and the opinion of M. Emanueli at Tab 5 of the respondent's book of authorities are striken and must be withdrawn from the appeal record. As for paragraph 52 of the respondent's factum, the reference to the opinion of M. Emanueli is striken. Allowed, with costs |
|
| 2000-10-06 |
Decision on motion to adduce new evidence, Arb, (joint with motion to strike) Given that the motion brought by Bernard Miller to adduce the new evidence contained at pages 73 to 78 of the respondent's record has not been the subject of a motion to strike, I would allow the respondent to maintain these pages in the record; as for the rest, the motion is denied with costs. Allowed in part, with costs |
|
| 2000-09-26 | Submission of motion to strike out, Arb | |
| 2000-09-26 | Submission of motion to adduce new evidence, Arb | |
| 2000-09-18 | Reply to motion to strike out, (Letter Form), (par télécopieur) original et 4 copies reçus le 19 sept./00, Completed on: 2000-09-19 | Her Majesty the Queen in Right of Canada |
| 2000-09-18 | Reply to motion to adduce new evidence, (joint with Response to Motion to Strike) (joint with 27307), Completed on: 2000-09-18 | Bernard Miller |
| 2000-09-18 | Response to motion to strike out, by L.E. Seidman (joint with Reply to Motion to Adduce Fresh Evidence) (joint with 27307), Completed on: 2000-09-18 | Bernard Miller |
| 2000-09-12 | Correspondence received from, Me S.E. Roussel en date du 12 sept./00 re: entend répliquer à la réponse (télécopieur) | Bernard Miller |
| 2000-09-12 | Book of authorities, (à l'appui de l'avis de requête et la réponse re: nouvelles preuves et rejet), Completed on: 2000-09-12 | Her Majesty the Queen in Right of Canada |
| 2000-09-08 | Response to the motion to adduce new evidence, Completed on: 2000-09-08 | Her Majesty the Queen in Right of Canada |
| 2000-09-08 | Motion to strike out, (pour rejet de parties du dossier de l'intimé et radiation de parties de mémoires et autorités), Completed on: 2000-09-08 | Her Majesty the Queen in Right of Canada |
| 2000-09-01 |
Appeal hearing scheduled, 2000-11-01 Decision rendered |
|
| 2000-08-31 | Respondent's book of authorities, joint with 27307 (see order of April 26/00)(returned for corrections Oct. 19/00 & received Oct. 20/00 - see order of Oct. 6/00), Completed on: 2000-09-14 | Bernard Miller |
| 2000-08-31 | Respondent's record, joint with 27307 (see order of April 26/00) (service missing - filed Sept. 14/00)(returned for corrections Oct. 19/00 & received Oct. 20/00 - see order of Oct. 6/00), Completed on: 2000-08-31 | Bernard Miller |
| 2000-08-31 | Respondent's factum, joint with 27307 (see order of April 26/00)(sent for corrections Oct. 19/00 & received Oct. 20/00 - see order of Oct. 6/00), Completed on: 2000-09-14 | Bernard Miller |
| 2000-08-31 | Motion to adduce new evidence, (to authorize the inclusion of certain documents within Part 2 of his record) - 1 copy (original affidavit filed Sept. 5/00) joint with 27307, Completed on: 2000-08-31 | Bernard Miller |
| 2000-05-31 | Appeal court record, 1 boîte (joint avec 26914 - 26937 - 27121 - 27307) | |
| 2000-05-04 | Appeal perfected for hearing, Session beginning on 2000-10-02 | |
| 2000-04-26 | Order on motion to extend time | |
| 2000-04-26 |
Decision on motion to extend time, Reg, to serve & file the respondent's factum, record and Book of authorities to Aug. 31, 2000 Granted, no order as to costs |
|
| 2000-04-26 | Submission of motion to extend time, Reg | |
| 2000-04-20 | Response to motion to extend time, (Letter Form), de M. Nichols en date du 20 avril 2000 re: aucune objection relativement à la requête en prorogation de délai (télécopieur) (joint avec 27307), Completed on: 2000-04-20 | Her Majesty the Queen in Right of Canada |
| 2000-04-18 | Motion to extend time, (to file the factum, authorities and record to Aug. 31, 2000) (joint with 27307) - 1 copy, Completed on: 2000-04-18 | Bernard Miller |
| 2000-03-09 | Appellant's book of authorities, Vol. I et II, Completed on: 2000-03-09 | Her Majesty the Queen in Right of Canada |
| 2000-03-09 | Appellant's record, Vol. I à IV, Completed on: 2000-03-09 | Her Majesty the Queen in Right of Canada |
| 2000-03-09 | Appellant's factum, Vol. I et II ( vol. II - annexe), Completed on: 2000-03-09 | Her Majesty the Queen in Right of Canada |
| 1999-11-18 | Order granting leave to appeal | |
| 1999-11-16 | Letter acknowledging receipt of notice of appeal | |
| 1999-11-12 | Notice of appeal, Completed on: 1999-11-12 | Her Majesty the Queen in Right of Canada |
| 1999-11-01 | Trial court record, 1 boîte de la Cour d'appel du Québec (Montréal) (joint avec 27307 - 26914 - 26937 - 27121) | |
| 1999-10-15 | Notice of deposit of judgment issued to all parties | |
| 1999-10-14 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1999-08-11 | Notice of change of solicitor, (law firm change only) | Bernard Miller |
| 1999-08-03 | All materials on application for leave submitted to the Judges, CJ McL Ia | |
| 1999-06-17 | Correspondence received from, Leonard Seidman dated June 17/99 (by fax) re: similar issues with 27307 and leave to be expedited | Bernard Miller |
| 1999-06-17 | Respondent's response on the application for leave to appeal, Completed on: 1999-06-29 | Bernard Miller |
| 1999-05-27 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 1999-05-14 | Application for leave to appeal, Vols. 1 and 2, Completed on: 1999-05-14 | Her Majesty the Queen in Right of Canada |
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 |
|---|---|---|
| Her Majesty the Queen in Right of Canada | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Miller, Bernard | Respondent | Active |
Counsel
Party: Her Majesty the Queen in Right of Canada
Counsel
Me Claude Joyal
200, boul. René-Lévesque ouest
Tour Est, 5e étage
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-8766
FAX: (514) 283-3856
Agent
Tour St-Andrew, bureau T-6045
284, rue Wellington
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4663
FAX: (613) 952-6006
Email: jmaubry@justice.gc.ca
Party: Miller, Bernard
Counsel
Sabrina Seal
2015 Drummond Street
Suite 1050
Montreal, Quebec
H3G 1W7
Telephone: (514) 842-8861
FAX: (514) 288-1708
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
Summary
Keywords
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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
500-17-000880-974
see file
Court of Appeal of Quebec (Montréal)
500-09-005922-976
Appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
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Related links
Factums on appeal
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
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