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.
29253
Moïse Amselem, et al. v. Syndicat Northcrest
(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) |
|---|---|---|
| 2004-09-24 | Appeal closed | |
| 2004-09-23 | Record returned to the Registrar of the Court of Appeal | |
| 2004-09-21 | Certificate of taxation issued to, Gowlings c.c. R. Gaudreau | |
| 2004-09-17 | Decision on the bill of costs, taxed at the amount of $10,211.12, Reg | |
| 2004-09-17 | Submission of the bill of costs, Reg | |
| 2004-09-08 | Payment out cheque issued, ($514.15) | |
| 2004-08-30 | Bill of costs, (invoices received on Sept. 15, 2004), Completed on: 2004-09-22 | Moïse Amselem |
| 2004-08-27 | Approved order for payment out, (with consent - sent to Finance Aug. 27/04) | |
| 2004-08-25 | Response to the bill of costs, (fax copy), Completed on: 2004-08-25 | Syndicat Northcrest |
| 2004-07-02 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2004-06-30 |
Judgment on the appeal rendered, CJ Ia Ma Ba Bi Arb LeB De F, The appeal from the judgments of the Court of Appeal of Quebec (Montréal), Numbers 500-09-006816-985 and 500-09-006817-985, dated April 12, 2002, heard on January 19, 2004, is allowed with costs throughout, Bastarache, Binnie, LeBel and Deschamps JJ. dissenting. The decisions of the Court of Appeal are set aside. The appellants have a right to set up succahs on their balconies for a period lasting no longer than the holiday of Succot, so long as the structure allows room for a passageway in case of emergency as well as conforms, as much as possible, with the general aesthetics of the property. Allowed, with costs |
|
| 2004-02-03 | Transcript received, (90 pages) | |
| 2004-01-19 | Judgment reserved OR rendered with reasons to follow | |
| 2004-01-19 |
Hearing of the appeal, 2004-01-19, CJ Ia Ma Ba Bi Arb LeB De F Judgment reserved |
|
| 2004-01-19 | Acknowledgement and consent for video taping of proceedings, (from all parties) | |
| 2004-01-19 | Respondent's condensed book, (Joint with 29252) | Syndicat Northcrest |
| 2004-01-19 | Supplemental document, (Condensed Book - Joint with 29252) | World Sikh Organization of Canada |
| 2004-01-19 | Supplemental document, (Condensed Book - Joint with 29252) | Ontario Human Rights Commission |
| 2004-01-19 | Appellant's condensed book | Moïse Amselem |
| 2004-01-15 | Notice of appearance, from Lang Michener | Evangelical Fellowship of Canada |
| 2004-01-09 | Notice of appearance, from Lang Michener (Joint with 29252) | World Sikh Organization of Canada |
| 2004-01-08 | Notice of appearance, from Grey Casgrain | Moïse Amselem |
| 2004-01-06 | Correspondence received from, from Chipeur Advocates re: request more time for oral submission (Joint with 29252) | Evangelical Fellowship of Canada |
| 2004-01-05 |
Order by, (REVISED ON JAN 9/04), Arb, UPON APPLICATIONS by the Evangelical Fellowship of Canada and the Seventh-Day Adventist Church in Canada, for leave to intervene in the above three appeals number 29252, 29253 and 29507 and pursuant to the order of September 22, 2003, revised on October 6, 2003; IT IS HEREBY FURTHER ORDERED THAT the said interveners are granted permission to present a shared oral argument not exceeding fifteen (15) minutes on the day of the hearing in the appeals 29252 and 29253 and the said interveners are granted permission to present an oral argument not exceeding fifteen (15) minutes on the day of the hearing in the appeal 29507. UPON APPLICATIONS by the World Sikh Organization of Canada and the Ontario Human Rights Commission, for leave to intervene in the above two appeals number 29252 and 29253 and pursuant to the order of September 22, 2003, revised on October 6, 2003; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes on the day of the hearing of these appeals. UPON APPLICATION by the Canadian Civil Liberties Association leave to intervene in the above appeal number 29507 and pursuant to the order of November 6, 2003; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding fifteen (15) minutes on the day of the hearing of the appeal. Granted |
|
| 2003-12-19 | Book of authorities, Completed on: 2003-12-19 | Evangelical Fellowship of Canada |
| 2003-12-19 | Intervener's factum, Completed on: 2003-12-19 | Evangelical Fellowship of Canada |
| 2003-12-01 |
Decision on motion to extend time, to serve and file a joint single factum of the interveners The Evangelical Fellowship in Canada and Seventh-Day Adventist Church in Canada to Dec. 19/03 in files 29252 and 29253, Reg Granted |
|
| 2003-12-01 | Submission of motion to extend time, Reg | |
| 2003-11-25 | Notice of appearance, From Bergeron, Gaudreau, Laporte (Joint with 29252) | Syndicat Northcrest |
| 2003-11-24 | Notice of hearing sent to parties | |
| 2003-11-20 |
Appeal hearing scheduled, 2004-01-19 Judgment reserved |
|
| 2003-11-19 | Response to motion to extend time, (Letter Form), from Pierre G. Champagne dated 11/19/03 (joint with 29252), Completed on: 2003-11-19 | Syndicat Northcrest |
| 2003-11-18 | Correspondence received from, J. Beedell dated Nov. 18, 2003 (fax copy) re: has been appointed Ottawa agent (joint with 29252 & 29507) | Evangelical Fellowship of Canada |
| 2003-11-17 | Intervener's factum, (joint with 29252), Completed on: 2003-12-01 | Ontario Human Rights Commission |
| 2003-11-17 | Book of authorities, (joint with 29252), Completed on: 2003-11-17 | World Sikh Organization of Canada |
| 2003-11-17 | Intervener's factum, (joint with 29252), Completed on: 2003-11-17 | World Sikh Organization of Canada |
| 2003-11-17 | Motion to extend time, to file a single joint factum to 12/19/03 (joint with 29252), Completed on: 2003-11-21 | Evangelical Fellowship of Canada |
| 2003-10-15 | Notice of appearance, from Gowlings (Joint with 29252) | Ontario Human Rights Commission |
| 2003-09-24 | Correspondence received from, G. Chipeur dated Sept. 23, 2003 (fax copy) re: order of Justice Arbour dated Sept. 22, 2003 (joint with 29252 and 29507) | Evangelical Fellowship of Canada |
| 2003-09-22 | Order on motion for leave to intervene, (BY ARBOUR J.) (revised Oct. 6) | |
| 2003-09-22 |
Decision on the motion for leave to intervene, Arb, REVISED OCT. 6 - The motions for leave to intervene of the applicants, the Evangelical Fellowship of Canada and the Seventh-Day Adventist Church in Canada, in appeals number 29252, 29253 are granted and the applicants shall be entitled to serve and file a single joint factum not to exceed 20 pages in length. The motions for leave to intervene of the applicants, the Evangelical Fellowship of Canada and the Seventh-Day Adventist Church in Canada, in appeal number 29507 are granted and the applicants shall be entitled to serve and file a single factum not to exceed 20 pages in length. The motion for leave to intervene of the applicant, the Christian Legal Fellowship, in appeals number 29252, 29253 and 29507, is dismissed. The motions for leave to intervene of the applicants, the World Sikh Organization of Canada, the Ontario Human Rights Commission, in appeals number 29252 and 29253 are granted and the applicants shall be entitled to each serve and file a single factum for both appeals not to exceed 20 pages in length. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention. Allowed in part |
|
| 2003-09-19 | Submission of motion for leave to intervene, Arb | |
| 2003-09-15 | Correspondence received from, Gowlings dated Sept. 15, 2003 re: confirming that the application by Ontario Human Rights should apply also in file 29252 | Ontario Human Rights Commission |
| 2003-09-11 | Reply to the motion for leave to intervene, book form, Completed on: 2003-09-11 | World Sikh Organization of Canada |
| 2003-09-09 | Appeal perfected for hearing | |
| 2003-09-08 | Respondent's record, vol. 1 and 2 (joint with 29252), Completed on: 2003-09-08 | Syndicat Northcrest |
| 2003-09-08 | Respondent's book of authorities, vol. 1 and 2 (joint with 29252), Completed on: 2003-09-08 | Syndicat Northcrest |
| 2003-09-08 | Respondent's factum, Completed on: 2003-09-08 | Syndicat Northcrest |
| 2003-09-08 | Response to the motion for leave to intervene, (Letter Form), from De Grandpré, Joli-Coeur dated Sept. 2, 2003 and Sept. 4, 2003 (joint with 29252) re: responding to all interventions, Completed on: 2003-09-08 | Syndicat Northcrest |
| 2003-08-28 | Response to the motion for leave to intervene, (Letter Form), from E. Van Bemmel (E-Mail), Completed on: 2003-08-28 | Moïse Amselem |
| 2003-08-27 | Motion for leave to intervene, book form, Completed on: 2003-08-27 | World Sikh Organization of Canada |
| 2003-08-13 | Response to the motion for leave to intervene, (Letter Form), by the Christian Legal Fellowship, Seventh Day Adventist Church, the Evangelical Fellowship of canada and the Ontario Human Rights Commission, Completed on: 2003-08-13 | Moïse Amselem |
| 2003-08-12 | Motion for leave to intervene, Completed on: 2003-08-13 | Ontario Human Rights Commission |
| 2003-07-21 | Response to the motion for leave to intervene, (Letter Form), from Gowlings (via e-mail) dated July 21, 2003 re: intervention by Christian Legal Fellowship, Completed on: 2003-07-21 | Moïse Amselem |
| 2003-07-15 | Appellant's book of authorities, Completed on: 2003-07-15 | Moïse Amselem |
| 2003-07-15 | Appellant's record, vol. 1 and 2 (joint with 29252), Completed on: 2003-07-15 | Moïse Amselem |
| 2003-07-15 | Appellant's factum, Completed on: 2003-07-15 | Moïse Amselem |
| 2003-07-09 | Motion for leave to intervene, Completed on: 2003-07-31 | Seventh-day Adventist Church in Canada |
| 2003-07-09 | Motion for leave to intervene, Completed on: 2003-07-31 | Evangelical Fellowship of Canada |
| 2003-07-09 | Motion for leave to intervene, Completed on: 2003-07-31 | Christian Legal Fellowship |
| 2003-05-09 | Correspondence (sent by the Court) to, all parties re: tentatively reassigned Jan 19/04 hearing date | |
| 2003-05-06 | Correspondence received from, Me Grey re: hearing date | Moïse Amselem |
| 2003-05-06 | Correspondence received from, Me Champagne re: hearing date | Syndicat Northcrest |
| 2003-04-28 | Notice of deposit for security | Moïse Amselem |
| 2003-04-25 | Appeal court record, (3 boxes - joint with Trial Court record) | |
| 2003-04-22 | Notice of appeal, Completed on: 2003-04-22 | Moïse Amselem |
| 2003-04-14 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2003-04-11 | Judgment on leave sent to the parties | |
| 2003-04-10 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montreal), Number 500-09-006816-987, dated April 12, 2002, is granted. Granted |
|
| 2003-03-07 | Correspondence received from, Gowlings re: objective summary (sent to the judges March 10/03) | Moïse Amselem |
| 2003-02-24 | All materials on application for leave submitted to the Judges, Ia Bi LeB | |
| 2002-12-10 | Correspondence received, from/de Lang, Michener dated/datée 10-12-02 re: related with 29507/relié avec 29507 | |
| 2002-08-15 | Applicant's reply to respondent's argument, Completed on: 2002-08-15 | Moïse Amselem |
| 2002-08-06 | Respondent's response on the application for leave to appeal, Completed on: 2002-08-06 | Syndicat Northcrest |
| 2002-07-02 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2002-06-10 | Application for leave to appeal, Completed on: 2002-06-10 | Moïse Amselem |
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 |
|---|---|---|
| Amselem, Moïse | Appellant | Active |
| Gladys Bouhadana, Antal Klein and Gabriel Fonfeder | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Syndicat Northcrest | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Miguel Bernfield and Edith Jaul | Other | Active |
| and The League for Human Rights of B’Nai Brith Canada | Other | Active |
| Evangelical Fellowship of Canada | Intervener | Active |
| Seventh-day Adventist Church in Canada | Intervener | Active |
| Ontario Human Rights Commission | Intervener | Active |
| World Sikh Organization of Canada | Intervener | Active |
Counsel
Party: Amselem, Moïse
Counsel
Lynne-Marie Casgrain
Elisabeth Goodwin
Jean-Philippe Desmarais
2102 - 3410 rue Peel
Montréal, Quebec
H3A 1W8
Telephone: (514) 288-6180
FAX: (514) 288-8908
Email: julius.grey@sympatico.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Gladys Bouhadana, Antal Klein and Gabriel Fonfeder
Counsel
2102 - 3410 rue Peel
Montréal, Quebec
H3A 1W8
Telephone: (514) 288-6180
FAX: (514) 288-8908
Email: julius.grey@sympatico.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Syndicat Northcrest
Counsel
Yves Joli-Coeur
2000 McGill College Avenue
Suite 1600
Montreal, Quebec
H3A 3H3
Telephone: (514) 287-9535 Ext: 203
FAX: (514) 499-0469
Agent
167, rue Notre Dame de l'Île
Gatineau, Quebec
J8X 3T3
Telephone: (819) 770-7928
FAX: (819) 770-1424
Email: bergeron.gaudreau@qc.aira.com
Party: Miguel Bernfield and Edith Jaul
Counsel
Bureau 750
4, rue Notre-Dame Est
Montréal, Quebec
H2Y 1B8
Telephone: (514) 499-7575
FAX: (514) 499-1050
Email: elmasri@qc.aibn.com
Party: and The League for Human Rights of B’Nai Brith Canada
Counsel
David Matas
Suite 1590
Montréal, Quebec
H2Y 2W8
Telephone: (514) 984-2309
FAX: (514) 845-5546
Email: slimovitch@montrealcriminallaw.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Evangelical Fellowship of Canada
Counsel
Dale Wm. Fedorchuk
2380 Ernest & Young Tower
440 - 2nd Avenue S.W.
Calgary, Alberta
T2P 5E9
Telephone: (403) 537-6536
FAX: (403) 537-6538
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Seventh-day Adventist Church in Canada
Counsel
Dale Wm. Fedorchuk
2380 Ernest & Young Tower
440 - 2nd Avenue S.W.
Calgary, Alberta
T2P 5E9
Telephone: (403) 537-6536
FAX: (403) 537-6538
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Ontario Human Rights Commission
Counsel
Rajan Prabhu
Legal Services Branch
180 Dundas Street West, 8th Floor
Toronto, Ontario
M7A 2R9
Telephone: (416) 326-9858
FAX: (416) 326-9867
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: World Sikh Organization of Canada
Counsel
Peterson Stark Scott
300 - 10366, 136A Street
Surrey, British Columbia
V3T 5R3
Telephone: (604) 588-9321
FAX: (604) 589-5391
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
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.
The Appellants are orthodox Jews that live in a condominium. The declaration of co-ownership prohibits decorations, alterations and constructions on the balconies. On October 6, 1997, the Appellants asked to construct a temporary hut, a Souccah, on their balcony during the religious festival of Souccah, which lasts for approximately 11 days. The Respondent condominium association refused, invoking the declaration of co-ownership, but offered to build a larger Souccah close to the building so that people wanting to celebrate the Souccah could do so there. The Appellants refused and went ahead with their initial plans.
The Respondent filed an application for permanent injunction prohibiting the Appellants from erecting a religious construction and, if necessary, permitting its demolition. The Superior Court granted the application on June 5, 1998. The Court of Appeal dismissed the appeal.
Lower court rulings
Superior Court of Quebec
500-05-036149-977
Respondant's application for permanent injunction prohibiting the Appellants from erecting a religious construction and, if need arises, permitting it's demolition, granted
Court of Appeal of Quebec (Montréal)
500-09-006816-987
Appeal dismissed
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