Case information
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30946
Yves Engler v. Concordia University, 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) |
|---|---|---|
| 2005-10-11 | Close file on Leave | |
| 2005-10-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2005-10-07 | Judgment on leave sent to the parties | |
| 2005-10-06 |
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 500-09-015418-056, dated March 23, 2005, is dismissed with costs. Dismissed, with costs |
|
| 2005-08-22 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2005-06-17 | Respondent's response on the application for leave to appeal, Completed on: 2005-06-17 | Concordia University |
| 2005-05-25 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2005-05-20 | Application for leave to appeal, Service missing - Rec'd May 26, 2005. C/A Order with docket # missing - Rec'd May 20, 2005, Completed on: 2005-05-26 | Yves Engler |
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 |
|---|---|---|
| Engler, Yves | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Concordia University | Respondent | Active |
| Lowy, Frederick H. | Respondent | Active |
Counsel
Party: Engler, Yves
Counsel
1717, boul. René-Lévesque Est
Bureau 300
Montréal, Quebec
H2L 4T3
Telephone: (514) 525-3414 Ext: 314
FAX: (514) 525-5134
Email: gsciortino@mmgs.qc.ca
Agent
500 - 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: rpulkkinen@sgmlaw.com
Party: Concordia University
Counsel
1250, boul. René-Lévesque ouest
Bureau 2500
Montréal, Quebec
H3B 4Y1
Telephone: (514) 846-2323
FAX: (514) 846-3427
Party: Lowy, Frederick H.
Counsel
1250, boul. René-Lévesque ouest
Bureau 2500
Montréal, Quebec
H3B 4Y1
Telephone: (514) 846-2323
FAX: (514) 846-3427
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.
While the Applicant was a student at the Respondent University, disciplinary complaints were lodged against him, and the administrative body that heard the complaints decided that they were well founded. The Applicant was suspended for a semester and fined $500, but he appealed the decision to an appeals panel. The panel denied him leave to appeal, and the suspension was confirmed by the Rector, who is also a respondent in this case. Based on evidence that the Applicant had not complied with the sanction, the Rector extended the suspension by another semester, but the Applicant again failed to comply with the sanction on several occasions, claiming he had the right to attend meetings of the student union, of which he was a member. He also committed acts of vandalism on the campus. The Rector then expelled the Applicant from the campus for a period of five years. The Applicant unsuccessfully appealed the first two decisions against him to the University's Board of Governors. He then filed a motion in the Superior Court under arts. 751 et seq. of the Code of Civil Procedure for an interim and permanent injunction rescinding the Rector's decision to expel him from the campus, and allowing him to register at the University and to go on the campus to pursue his activities as a student union councillor. The Superior Court dismissed the motion. The Court of Appeal denied him leave to appeal
Lower court rulings
Superior Court of Quebec
500-17-019618-043
Requête en injonction provisoire et permanente rejetée
Court of Appeal of Quebec (Montréal)
500-09-015418-056
Requête our permission d'appeler rejetée
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
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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