Case information
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29805
André Pelland v. Fédération des producteurs de volailles du Québec, 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) |
|---|---|---|
| 2005-06-16 | Record returned to the Registrar of the Court of Appeal | |
| 2005-06-03 | Appeal closed | |
| 2005-06-03 | Certificate of taxation issued to, Noel & Ass. (S. Roussel) re: appeal | |
| 2005-06-03 | Certificate of taxation issued to, Bergeron, Gaudreau (R. Gaudreau) re: leave | |
| 2005-06-02 | Decision on the bill of costs, taxed at the amount of $2,079.48 | |
| 2005-05-31 | Decision on the bill of costs, taxed at the amount of $7,355.75 | |
| 2005-05-30 | Submission of the bill of costs, re: appeal | |
| 2005-05-30 | Submission of the bill of costs, re: leave application | |
| 2005-05-18 | Bill of costs, (for leave to appeal), Completed on: 2005-05-18 | André Pelland |
| 2005-05-13 | Bill of costs, (for the appeal), Completed on: 2005-05-13 | Fédération des producteurs de volailles du Québec |
| 2005-04-22 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2005-04-21 |
Judgment on the appeal rendered, CJ Ma Ba Bi LeB De Abe, The appeal from the judgment of the Court of Appeal of Quebec (Montreal), Number 500-09-011639-010, dated April 7, 2003, heard on December 9, 2004, is dismissed with costs to the Fédération des producteurs de volailles du Québec. Dismissed, with costs |
|
| 2004-12-23 | Transcript received, 52 pages | |
| 2004-12-09 | Judgment reserved OR rendered with reasons to follow | |
| 2004-12-09 | Supplemental document, Condensed book submitted in Court (14 copies) | Chicken Farmers of Canada ("CFC") |
| 2004-12-09 | Appellant's condensed book, Submitted in Court (14 copies) | André Pelland |
| 2004-12-09 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2004-12-09 |
Hearing of the appeal, 2004-12-09, CJ Ma Ba Bi LeB De Abe Judgment reserved |
|
| 2004-12-08 | Correspondence received from, The Attorney General of Canada allows Chicken Farmers of Canada to adress the Court before them. | Attorney General of Canada |
| 2004-12-07 | Correspondence received from, Louis Lacroix will take 15 minutes and François Chevrette will take 40 minutes. The reply will be done by François Chevrette. | André Pelland |
| 2004-11-30 | Correspondence received from, Louis Lacroix and François Chevrette will split their time for oral arguments. | André Pelland |
| 2004-11-29 | Notice of appearance, Pierre-Christian Labeau will take 20 minutes and Pierre Brosseau and Nancy Lemaire will take 40 minutes at the hearing. | Attorney General of Québec |
| 2004-11-26 | Notice of appearance, David K. Wilson and Lynn Starchuk will be present at the hearing. | Chicken Farmers of Canada ("CFC") |
| 2004-11-26 | Notice of appearance, René LeBlanc will be present at the hearing. | Attorney General of Canada |
| 2004-09-14 | Notice of appearance, Louis H. Lacroix, François Chevrette and Sébastien Locas will be present at hearing. | André Pelland |
| 2004-08-03 | Notice of hearing sent to parties | |
| 2004-07-23 | Book of authorities, (2 vols.), Completed on: 2004-07-23 | Attorney General of Canada |
| 2004-07-23 | Intervener's factum, Completed on: 2004-07-23 | Attorney General of Canada |
| 2004-07-21 | Notice of withdrawal | Attorney General of Nova Scotia |
| 2004-07-15 |
Appeal hearing scheduled, 2004-12-09, (Previously June 18/04 - Oct. 7/04 - Nov. 8/04) Judgment reserved |
|
| 2004-07-13 | Notice of withdrawal | Attorney General of Ontario |
| 2004-06-28 |
Order by, (BY LEBEL J.), LeB, UPON APPLICATION by the Chicken Farmers of Canada for leave to intervene in the above appeal and pursuant to the order of January 12, 2004; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2004-06-24 | Respondent's book of authorities, Completed on: 2004-06-24 | Attorney General of Canada |
| 2004-06-24 | Respondent's factum, Completed on: 2004-06-24 | Attorney General of Québec |
| 2004-06-24 | Appeal perfected for hearing | |
| 2004-06-23 | Book of authorities, Completed on: 2004-06-23 | Chicken Farmers of Canada ("CFC") |
| 2004-06-23 | Intervener's factum, Completed on: 2004-06-23 | Chicken Farmers of Canada ("CFC") |
| 2004-06-21 | Respondent's book of authorities, (Service rec'd June 30/04), Completed on: 2004-07-06 | Fédération des producteurs de volailles du Québec |
| 2004-06-21 | Respondent's record, (Service rec'd June 30/04), Completed on: 2004-07-06 | Fédération des producteurs de volailles du Québec |
| 2004-06-21 | Respondent's factum, Service rec'd June 30/04, Completed on: 2004-07-06 | Fédération des producteurs de volailles du Québec |
| 2004-04-29 | Appellant's book of authorities, Completed on: 2004-05-05 | André Pelland |
| 2004-04-29 | Appellant's factum, (Vol. I to IV), Completed on: 2004-05-05 | André Pelland |
| 2004-04-21 | Appellant's record, (Vol. I, II), Completed on: 2004-04-21 | André Pelland |
| 2004-03-05 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2004-03-05 | Notice of intervention respecting a constitutional question | Attorney General of Nova Scotia |
| 2004-03-05 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 2004-02-06 | Notice of constitutional question(s) | André Pelland |
| 2004-02-05 | Order on motion to state a constitutional question, (BY CHIEF JUSTICE) | |
| 2004-02-05 |
Decision on the motion to state a constitutional question, CJ, 1. Can An Act respecting the marketing of agricultural, food and fish products, R.S.Q., c. M-35.1 and the Règlement sur la production et la mise en marché du poulet, R.R.Q., c. M-35.1, r. 13.2, constitutionally apply ex proprio vigore to limit the production of chickens destined exclusively to the interprovincial market? 2. If not, do An Act respecting the marketing of agricultural, food and fish products, R.S.Q., c. M-35.1 and the Règlement sur la production et la mise en marché du poulet, R.R.Q., c. M-35.1, r. 13.2, nonetheless apply to limit the production of chickens destined exclusively to the interprovincial market by virtue of ss. 22(3) of the Farm Product Marketing Agencies Act, R.S.C. 1985, c. F-4, and the Canadian Chicken Marketing Agency Quota Grant of Administrative Authority, P.C. 1991-1090? Granted |
|
| 2004-01-29 | Submission of motion to state a constitutional question, CJ | |
| 2004-01-13 | Correspondence received from, D. Wilson dated Jan. 13, 2004 re: date of filing of the intervener's factum - ref. Justice Iacobucci's order | Chicken Farmers of Canada ("CFC") |
| 2004-01-12 | Correspondence received from, M. Fleury of Tremblay, Brosseau dated Jan. 6, 2004 re: date of hearing | Fédération des producteurs de volailles du Québec |
| 2004-01-12 | Order on motion for leave to intervene, (BY IACOBUCCI J.) | |
| 2004-01-12 |
Decision on the motion for leave to intervene, Ia, UPON APPLICATION by the Chicken Farmers of Canada for leave to intervene in the above appeal and permission to file submissions in respect of the appellant's motion to state constitutional questions; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: 1) The motion for leave to intervene of the applicant, Chicken Farmers of Canada, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the intervener shall pay to the appellant and respondents any additional disbursements occasioned to the appellants and respondents by their intervention. 2) The motion to file submissions in respect of the appellant's motion to state constitutional questions is dismissed. Allowed in part |
|
| 2004-01-09 | Submission of motion for leave to intervene, Ia | |
| 2003-12-23 | Response to the motion for leave to intervene, (Letter Form), from S.E. Roussel (by fax), Completed on: 2003-12-23 | Fédération des producteurs de volailles du Québec |
| 2003-12-23 | Response to the motion for leave to intervene, (Letter Form), from S.E. Roussel (by fax), Completed on: 2003-12-23 | Attorney General of Québec |
| 2003-12-22 | Response to miscellaneous motion, (Letter Form), from L. Lacroix dated Dec. 22, 2003 (fax copy)(joint response), Completed on: 2003-12-22 | André Pelland |
| 2003-12-22 | Response to the motion for leave to intervene, (Letter Form), from L. Lacroix dated Dec. 22, 2003 (fax copy)(joint response), Completed on: 2003-12-22 | André Pelland |
| 2003-12-18 | Correspondence received from, D. Wilson dated Dec. 18, 2003 re: enclosing a draft memorandum of argument in response to const. questions | Chicken Farmers of Canada ("CFC") |
| 2003-12-12 | Reply to the motion to state a constitutional question, to Fédération des producteurs de volailles du Québec's response, Completed on: 2003-12-12 | André Pelland |
| 2003-12-12 | Reply to the motion to state a constitutional question, to A.G. of Quebec's response, Completed on: 2003-12-12 | André Pelland |
| 2003-12-11 | Notice of miscellaneous motion, (to make submissions to the Appellant's motion to state const. questions)(joint with motion to intervene) - book form, Completed on: 2003-12-11 | Chicken Farmers of Canada ("CFC") |
| 2003-12-11 | Motion for leave to intervene, book form (joint), Completed on: 2003-12-11 | Chicken Farmers of Canada ("CFC") |
| 2003-12-08 | Response to the motion to state a constitutional question, Completed on: 2003-12-12 | Fédération des producteurs de volailles du Québec |
| 2003-12-08 | Response to the motion to state a constitutional question, Completed on: 2003-12-08 | Attorney General of Québec |
| 2003-11-27 | Motion to state a constitutional question, Completed on: 2003-11-27 | André Pelland |
| 2003-11-27 | Notice of appeal, Completed on: 2003-11-27 | André Pelland |
| 2003-11-18 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2003-11-07 | Appeal court record, (2 boxes - joint with Trial Court record) | |
| 2003-10-31 | Judgment on leave sent to the parties | |
| 2003-10-30 |
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 500-09-011639-010, dated April 7, 2003, is granted with costs to the applicant in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2003-10-09 |
Decision on motion to add or substitute parties, Ia, The motion on behalf of the Attorney General of Québec for an order that it be added as a party respondent. Granted |
|
| 2003-10-08 | Submission of motion to add or substitute parties, Ia | |
| 2003-09-05 | Motion to add or substitute parties, (to be added as respondent)(fax copies)(original received on Sept. 10, 2003), Completed on: 2003-09-05 | Attorney General of Québec |
| 2003-09-02 | All materials on application for leave submitted to the Judges, Ia Bi LeB | |
| 2003-08-05 | Applicant's reply to respondent's argument, Completed on: 2003-08-05 | André Pelland |
| 2003-07-24 | Respondent's response on the application for leave to appeal, (motion granted Oct. 9, 2003)(sent to the judges on Oct. 15, 2003), Completed on: 2003-07-24 | Attorney General of Québec |
| 2003-07-14 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2003-07-02 | Respondent's response on the application for leave to appeal, Completed on: 2003-07-09 | Fédération des producteurs de volailles du Québec |
| 2003-06-05 | Application for leave to appeal, Completed on: 2003-06-26 | André Pelland |
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 |
|---|---|---|
| Pelland, André | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Fédération des producteurs de volailles du Québec | Respondent | Active |
| Attorney General of Québec | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Chicken Farmers of Canada ("CFC") | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
Counsel
Party: Pelland, André
Counsel
François Chevrette
Sébastien Locas
Bureau 100
Berthierville, Quebec
J0K 1A0
Telephone: (450) 836-7088
FAX: (450) 836-1028
Email: maitrelouislacroix@qc.aira.com
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: Fédération des producteurs de volailles du Québec
Counsel
Nancy Lemaire
1500 rue Metcalfe
Suite 805
Montreal, Quebec
H3A 1X6
Telephone: (450) 674-4131
FAX: (514) 499-7401
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
Party: Attorney General of Québec
Counsel
1200, Route de l'Église
2e étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 646-1696
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
Party: Chicken Farmers of Canada ("CFC")
Counsel
M. Lynn Starchuk
Suite 1700, 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 236-3882
FAX: (613) 230-6423
Email: wilson@johnstonbuchan.com
Party: Attorney General of Canada
Counsel
Ministère de la Justice Canada
284, rue Wellington - 2e étage - SAT 6050
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4657
FAX: (613) 952-6006
Email: rene.leblanc@justice.gc.ca
Agent
Bank of Canada Building - East Tower
216 - 234 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: Christopher.Rupar@justice.gc.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 Respondent Fédération regulates the production of chicken in the province of Quebec and cooperates with all federal and provincial agencies to market it both within and outside Quebec.
The Appellant produces chicken in Quebec and markets it in Ontario. He holds a quota issued by the Respondent Fédération. The establishment of this quota results from agreements entered into between the federal and provincial governments, which agreements are governed by statutes and regulations adopted by each level of government.
The Respondent Fédération, which is a marketing agency, manages, in cooperation with Chicken Farmers of Canada (a federal agency) and the other provincial marketing agencies, the implementation of the interprovincial or export quota, namely the number of pounds or kilograms of chicken produced in Quebec that can be sold outside the province.
The Appellant holds a production quota defined in square metres. This quota is used to establish the number of kilograms of chicken the Appellant is entitled to produce and market. The Appellant’s quota allowed him to produce approximately 21,000 kilograms of chicken per eight-week period. He produced between 400,000 and 500,000 kilograms of chicken over this period.
Alleging that the Appellant’s actions threaten the full application of the Plan conjoint des producteurs de volailles du Québec, R.S.Q. c. M-35, r. 126, and could totally disrupt the orderly marketing of all poultry produced in Quebec, the Fédération made a motion for an interlocutory injunction, which was granted by the Superior Court on November 1, 2001. On April 7, 2003, the Court of Appeal dismissed the Appellant’s appeal.
Lower court rulings
Superior Court of Quebec
705-05-004614-007
Requête en injonction interlocutoire de l'intimée accueillie
Court of Appeal of Quebec (Montréal)
500-09-011639-010
Appel rejeté
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.
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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.
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