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30821

Navigation Madeleine Inc. v. Laurentian Pilotage Authority, et al.

(Federal) (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)
2005-09-21 Close file on Leave
2005-09-16 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2005-09-16 Judgment on leave sent to the parties
2005-09-15 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-81-04, dated January 14, 2005, is dismissed with costs to the respondent Laurentian Pilotage Authority.
Dismissed, with costs
2005-07-11 All materials on application for leave submitted to the Judges, Ba LeB De
2005-04-12 Respondent's response on the application for leave to appeal, (Letter Form), from Anne-Marie Desgens dated Apr. 12/05 re: will not be filing a response, Completed on: 2005-04-12 Attorney General of Canada
2005-04-08 Respondent's response on the application for leave to appeal, Completed on: 2005-04-08 Laurentian Pilotage Authority
2005-03-22 Supplemental document, (notice of bilingual name)(original and service received on March 24, 2005) Navigation Madeleine Inc.
2005-03-21 Letter acknowledging receipt of a complete application for leave to appeal
2005-03-15 Application for leave to appeal, Completed on: 2005-03-15 Navigation Madeleine Inc.

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
Navigation Madeleine Inc. Applicant Active

v.

Main parties - Respondents
Name Role Status
Laurentian Pilotage Authority Respondent Active
Attorney General of Canada Respondent Active

Counsel

Party: Navigation Madeleine Inc.

Counsel
Francis Gervais
Deveau, Lavoie, Bourgeois, Lalande & Associés
2540, boul. Daniel-Johnson
Bureau 400
Laval, Quebec
H7T 2S3
Telephone: (450) 686-1122
FAX: (450) 686-2822
Agent
Sylvie Roussel
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: Laurentian Pilotage Authority

Counsel
Guy Major
Saint-Pierre & Major
4122, avenue de Marlowe
Montréal, Quebec
H4A 3M2
Telephone: (514) 483-1603
FAX: (514) 223-0969
Agent
Darquise Jolicoeur
Beaudry, Bertrand
Maison du Citoyen
400 - 25, rue Laurier
Hull, Quebec
J8X 4C8
Telephone: (819) 770-4880
FAX: (819) 595-4979

Party: Attorney General of Canada

Counsel
Anne-Marie Desgens
Procureur général du Canada
Tour Est, 9e étage
200, boul. René-Lévesque Ouest
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-4934
FAX: (514) 283-3856

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.

From May to December, the ship Vacancier travels between the ports of Montreal and Cap-aux-Meules in the Magdalen Islands, with stops in Quebec City and Matane. It can carry up to 600 passengers and 250 vehicles. The service is offered for payment and follows a regular schedule. The vessel also has cabins and restaurants. The respondent Laurentian Pilotage Authority (“LPA”) refused to recognize the ship C.T.M.A. Vacancier (“Vacancier”), owned by the Applicant, as a “ferry” within the meaning of the Pilotage Act, R.S.C. 1985, c. P-14, and the Laurentian Pilotage Authority Regulations, C.R.C., c. 1268. The courts below came to the same conclusion, relying on the ordinary meaning given to the word “ferry” read together with the other words in s. 4(3)(b) of the Regulations in ruling that the Vacancier was not a ferry.

Lower court rulings

January 15, 2004
Federal Court of Canada, Trial Division

T-275-03

Requête de al demanderesse pour jugement déclaratoire rejetée

January 14, 2005
Federal Court of Appeal

A-81-04

Appel rejeté avec dépens

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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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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Webcasts

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Date modified: 2025-02-27