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.
31212
Stephanie Brenda Bruker v. Jessel (Jason) Benjamin Marcovitz
(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) |
|---|---|---|
| 2008-07-09 | General proceeding, Declaration of Satisfaction of Judgment and Settlement Out of Court | Jessel (Jason) Benjamin Marcovitz |
| 2008-05-08 | Appeal closed | |
| 2008-05-07 | Certificate of taxation issued to, Brian A. Crane, Q.C. | |
| 2008-05-07 | Certificate of taxation issued to, Brian A. Crane, Q.C. | |
| 2008-05-05 | Decision on the bill of costs, in the amount of $882.91, Reg | |
| 2008-05-05 | Submission of the bill of costs, Reg | |
| 2008-05-05 | Decision on the bill of costs, in the amount of $13,902.79, Reg | |
| 2008-05-05 | Submission of the bill of costs, Reg | |
| 2008-03-18 | Bill of costs, Completed on: 2008-05-06 | Stephanie Brenda Bruker |
| 2008-03-10 |
Decision on the motion for a re-hearing of the appeal, CJ Ba Bi LeB De F Abe Cha Ro, UPON APPLICATION by the respondent for a rehearing of the appeal; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motion for a rehearing of the appeal is dismissed with costs. Dismissed, with costs |
|
| 2008-02-25 | All material on motion for a re-hearing of the appeal submitted to Justices, CJ Ba Bi LeB De F Abe Cha Ro | |
| 2008-02-20 | Reply to the response to the motion for a re-hearing of the appeal, (Letter Form), from Anne-France Goldwater dated Feb. 19/08 (sent to the Court Feb. 25/08) | Jessel (Jason) Benjamin Marcovitz |
| 2008-02-14 | Response to the motion for a re-hearing of the appeal, (Letter Form), from David Stolow dated Feb. 14/08 (sent to the Court Feb. 25/08), Completed on: 2008-02-14 | Stephanie Brenda Bruker |
| 2008-01-31 | Motion for a re-hearing of the appeal, (bookform) (sent to the Court Feb. 25/08), Completed on: 2008-02-12 | Jessel (Jason) Benjamin Marcovitz |
| 2008-01-31 | Appeal reopened | |
| 2008-01-23 | Bill of costs, Completed on: 2008-05-06 | Stephanie Brenda Bruker |
| 2007-12-18 | Appeal closed | |
| 2007-12-17 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2007-12-17 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2007-12-14 | Correspondence received from, David Stolow dated Dec. 14/07 re: member with William Brock and Brandon Wiener of the firm of Davies Ward Phillips & Vineberg LLP (original rec'd Dec. 18/07) | Stephanie Brenda Bruker |
| 2007-12-14 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Quebec Court of Appeal (Montréal), Number 500-09-013353-032, dated September 20, 2005, heard on December 5, 2006, is allowed with costs throughout, Deschamps and Charron JJ. dissenting. Allowed, with costs |
|
| 2006-12-27 | Transcript received, (92 pages) | |
| 2006-12-05 | Judgment reserved OR rendered with reasons to follow | |
| 2006-12-05 | Acknowledgement and consent for video taping of proceedings | |
| 2006-12-05 |
Hearing of the appeal, 2006-12-05, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2006-12-05 | Respondent's condensed book, 14 copies - distributed in Court. | Jessel (Jason) Benjamin Marcovitz |
| 2006-12-05 | Appellant's condensed book, 14 copies - distributed at the hearing. | Stephanie Brenda Bruker |
| 2006-11-29 | Respondent's book of authorities, on Reply - filed with reply factum (sent to the judges Nov. 29/06), Completed on: 2006-11-29 | Jessel (Jason) Benjamin Marcovitz |
| 2006-11-29 | Reply factum on appeal, CD requested (recvd Nov.30/06) (sent to the judges Nov. 29/06), Completed on: 2006-11-30 | Jessel (Jason) Benjamin Marcovitz |
| 2006-11-27 | Order on motion to file a reply factum on appeal | |
| 2006-11-27 |
Decision on the motion to file a reply factum on appeal, Cha, THIS COURT ORDERS that the Motion to file a 20 page Reply Factum and Reply Book of Authorities is granted. The Reply Factum and Reply Book of Authorities shall be served and filed on or before November 30, 2006. Granted |
|
| 2006-11-24 | Submission of motion to file a reply factum on appeal, Cha | |
| 2006-11-24 | Response to motion to file a reply factum on appeal, (Letter Form), from W. Brock dated November 24, 2006 (fax copy), Completed on: 2006-11-24 | Stephanie Brenda Bruker |
| 2006-11-23 |
Notice of appearance, Alan M. Stein, William Brock, David Stolow and Brandon Wiener will be present at the hearing. Letter recvd Nov.29/06 |
Stephanie Brenda Bruker |
| 2006-11-22 | Response to motion to file a reply factum on appeal, from Gowling re: the appellant takes no position on the motion, Completed on: 2006-11-22 | Canadian Civil Liberties Association (CCLA) |
| 2006-11-21 | Motion to file a reply factum on appeal, (original rec'd Nov. 22/06), Completed on: 2006-11-23 | Jessel (Jason) Benjamin Marcovitz |
| 2006-11-21 | Notice of appearance, Anne-France Goldwater and Marie-Hélène Dubé will be present at the hearing. | Jessel (Jason) Benjamin Marcovitz |
| 2006-11-17 | Correspondence received from, Marie-France Goldwater dated Nov. 16/06 re: will file a motion to file a reply factum | Jessel (Jason) Benjamin Marcovitz |
| 2006-11-16 |
Order by, Cha, FURTHER TO THE ORDER of Charron J. dated October 12, 2006, granting leave to intervene to the Canadian Civil Liberties Association; 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 |
|
| 2006-11-16 | Notice of withdrawal, (Letter Form), from Shane H. Brady dated Nov. 16/06 (of intervention) | Christian Congregation of Jehovah's Witnesses |
| 2006-11-10 | Intervener's book of authorities, Completed on: 2006-11-10 | Canadian Civil Liberties Association (CCLA) |
| 2006-11-10 | Intervener's factum, Completed on: 2006-11-10 | Canadian Civil Liberties Association (CCLA) |
| 2006-11-08 | Letter sent to Intervener(s) | |
| 2006-11-06 | Order on motion for leave to intervene, (BY CHARRON J.) | |
| 2006-11-06 |
Decision on the motion for leave to intervene, Cha, UPON APPLICATION by the Christian Congregation of Jehovah's Witnesses for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time to apply for leave to intervene and for leave to intervene of the applicant, the Christian Congregation of Jehovah's Witnesses, is granted and the applicant shall be entitled to serve and file a single factum not to exceed 20 pages in length on or before November 16, 2006. 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 raise new issues or 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 respondent any additional disbursements occasioned to the appellant and respondent by its intervention. Granted |
|
| 2006-11-03 | Submission of motion for leave to intervene, Cha | |
| 2006-10-23 | Response to the motion for leave to intervene, (Letter Form), from A.-F. Goldwater dated October 23, 2006 (fax copy) re: intervention by CCJW (original filed Oct. 26/06), Completed on: 2006-10-23 | Jessel (Jason) Benjamin Marcovitz |
| 2006-10-23 | Reply to the motion for leave to intervene, (Letter Form), from S. Brady dated October 23, 2006 (fax copy), Completed on: 2006-10-23 | Christian Congregation of Jehovah's Witnesses |
| 2006-10-23 | Response to the motion for leave to intervene, (Letter Form), from W. Brock dated October 23, 2006 (fax copy) re: intervention by CCJW, Completed on: 2006-10-23 | Stephanie Brenda Bruker |
| 2006-10-19 | Appeal perfected for hearing | |
| 2006-10-18 | Letter sent to Intervener(s) | |
| 2006-10-13 | Motion for leave to intervene, (joint with extension of time) (book form), Completed on: 2006-10-13 | Christian Congregation of Jehovah's Witnesses |
| 2006-10-13 | Respondent's record, (Vol. I to VI), Completed on: 2006-10-13 | Jessel (Jason) Benjamin Marcovitz |
| 2006-10-13 | Respondent's book of authorities, Completed on: 2006-10-13 | Jessel (Jason) Benjamin Marcovitz |
| 2006-10-13 | Respondent's factum, Completed on: 2006-10-13 | Jessel (Jason) Benjamin Marcovitz |
| 2006-10-12 | Order on motion for leave to intervene, (BY CHARRON J.) | |
| 2006-10-12 |
Decision on the motion for leave to intervene, Cha, The motion for an extension of time to apply for leave to intervene and for leave to intervene of the applicant, the Canadian Civil Liberties Association, is granted and the applicant shall be entitled to serve and file a single factum not to exceed 20 pages in length on or before November 10, 2006. 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 raise new issues or 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 respondent any additional disbursements occasioned to the appellant and respondent by its intervention. Granted |
|
| 2006-10-12 | Submission of motion for leave to intervene, Cha | |
| 2006-10-06 | Response to the motion for leave to intervene, (Letter Form), from W. Brock dated October 6, 2006 (fax copy), Completed on: 2006-10-06 | Stephanie Brenda Bruker |
| 2006-09-28 | Reply to the motion for leave to intervene, Completed on: 2006-09-28 | Canadian Civil Liberties Association (CCLA) |
| 2006-09-26 | Response to the motion for leave to intervene, (Letter Form), of the CCLA dated Sept. 25/06 and rec'd by fax Sept. 26/06 re: oppose (cc. to all parties) (original filed Sept. 29/06), Completed on: 2006-09-26 | Jessel (Jason) Benjamin Marcovitz |
| 2006-09-18 | Motion for leave to intervene, (joint with extension of time - book form), Completed on: 2006-09-18 | Canadian Civil Liberties Association (CCLA) |
| 2006-08-23 | Notice of hearing sent to parties | |
| 2006-08-21 |
Appeal hearing scheduled, 2006-12-05 Judgment reserved |
|
| 2006-08-17 | Appellant's record, Completed on: 2006-08-17 | Stephanie Brenda Bruker |
| 2006-08-17 | Appellant's book of authorities, (Vol. I and II), Completed on: 2006-08-17 | Stephanie Brenda Bruker |
| 2006-08-17 | Appellant's factum, (CD included on inside cover), Completed on: 2006-08-17 | Stephanie Brenda Bruker |
| 2006-05-26 | Notice of appeal, Completed on: 2006-05-26 | Stephanie Brenda Bruker |
| 2006-05-17 | Correspondence received from, Lang Michener dated May 16/06 re: they will act as agent for the respondent (rec'd by fax) | Jessel (Jason) Benjamin Marcovitz |
| 2006-05-12 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2006-04-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-04-28 | Judgment on leave sent to the parties | |
| 2006-04-27 |
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 500-09-013353-032, dated September 20, 2005, is granted with costs to the applicant in any event of the cause. Granted, with costs |
|
| 2006-03-13 | All materials on application for leave submitted to the Judges, Bi De Abe | |
| 2006-02-10 | Order on motion to extend time | |
| 2006-02-10 |
Decision on motion to extend time, to serve and file the affidavit of Rabbi Benjamin Weiss in support of the respondent's response to the application for leave to appeal, Reg Granted |
|
| 2006-02-10 | Submission of motion to extend time, Reg | |
| 2006-02-09 | Response to motion to extend time, (Letter Form), from Alan M. Stein dated Feb. 9/06, Completed on: 2006-02-09 | Stephanie Brenda Bruker |
| 2006-01-27 | Motion to extend time, to file the affidavit of Rabbi Benjamin Weiss, Completed on: 2006-01-27 | Jessel (Jason) Benjamin Marcovitz |
| 2006-01-24 | Affidavit, of Rabbi Benjamin Weiss sworn Jan. 23/06 (motion requested) | Jessel (Jason) Benjamin Marcovitz |
| 2005-12-23 | Applicant's reply to respondent's argument, Completed on: 2005-12-22 | Stephanie Brenda Bruker |
| 2005-12-19 | Respondent's response on the application for leave to appeal, Completed on: 2005-12-19 | Jessel (Jason) Benjamin Marcovitz |
| 2005-11-30 | Correspondence received from, A.M. Stein Re: publication ban no longer applies and no documents in application should be sealed | Stephanie Brenda Bruker |
| 2005-11-30 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-11-18 | Application for leave to appeal, Completed on: 2005-11-18 | Stephanie Brenda Bruker |
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 |
|---|---|---|
| Bruker, Stephanie Brenda | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Marcovitz, Jessel (Jason) Benjamin | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Civil Liberties Association (CCLA) | Intervener | Active |
Counsel
Party: Bruker, Stephanie Brenda
Counsel
William Brock (of Davies, Ward, Phillips)
David Stolow (of Davies, Ward, Phillips)
Brandon Weiner (of Davies, Ward, Phillips)
4101 Sherbrooke Street West
Montréal, Quebec
H3Z 1A7
Telephone: (514) 866-9806
FAX: (514) 875-8218
Email: alan@steinandstein.com
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Marcovitz, Jessel (Jason) Benjamin
Counsel
Marie-Hélène Dubé
3500 Blvd. de Maisonneuve O.
Suite 2310
Westmount, Quebec
H3Z 3C1
Telephone: (514) 861-4367
FAX: (514) 861-7601
Email: afg@goldwaterdube.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Canadian Civil Liberties Association (CCLA)
Counsel
501 - 250 University Avenue
Toronto, Ontario
M5H 3E5
Telephone: (416) 646-4300
FAX: (416) 646-4301
Email: andrew.lokan@paliareroland.com
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
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 parties were married in 1969, but obtained a decree nisi of divorce in 1980, ordering them to comply with a "consent to corollary relief" agreement that provided, inter alia, that (para. 12):
The parties appear before the Rabbinical authorities in the City and District of Montreal for the purpose of obtaining the traditional religious Get, immediately upon a Decree Nisi of Divorce being granted.
Shortly after the divorce, Ms Bruker, personally and through various Rabbis, called on Mr. Marcovitz to comply with his obligation, but Mr. Marcovitz refused to do so on the grounds that Ms Bruker's behaviour since the divorce constituted harassment and an attempt by her to alienate him from his children. Ms Bruker instituted an action in 1989, seeking damages in the amount of $500,000 "for having been restrained from going on with her life since de Decree Nisi [...], for having been restrained to remarry according to the Jewish faith [and] for having been restricted of having children".
In 1995, a certificate of divorce was issued by the rabbinical court of Montréal with Mr. Marcovitz's consent and participation to the ghet. Ms Bruker then amended her action to increase the amount of the damages claimed to $1,350,000 and to include damages "for the loss of consortium".
At trial, Mass J. found that the matter was justiciable before the civil courts and that Mr. Marcovitz had breached his contractual obligation. He awarded Ms Bruker damages in the sum of $47,500 in the circumstances. On appeal, Hilton J.A., writing for the Court, overturned the judgment and ruled that the obligation was religious in nature and that the matter was accordingly not justiciable.
Lower court rulings
Superior Court of Quebec
500-05-009878-891
Applicant's action for breach of contract allowed in part
Court of Appeal of Quebec (Montréal)
500-09-013353-032
Respondent's appeal allowed
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