Case information
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31573
Robert Bélanger v. Jacques Guilbault, ingénieur, ès qualités de syndic adjoint de l'Ordre des ingénieurs du Québec
(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) |
|---|---|---|
| 2006-10-24 | Close file on Leave | |
| 2006-10-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-10-20 | Judgment on leave sent to the parties | |
| 2006-10-19 |
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 500-09-016153-058, dated May 18, 2006, is dismissed with costs to the respondent. Dismissed, with costs |
|
| 2006-09-25 | All materials on application for leave submitted to the Judges, Bi De Abe | |
| 2006-09-18 | Applicant's reply to respondent's argument, Completed on: 2006-09-18 | Robert Bélanger |
| 2006-09-11 | Respondent's response on the application for leave to appeal, (2 volumes), Completed on: 2006-09-11 | Jacques Guilbault, ingénieur, ès qualités de syndic adjoint de l'Ordre des ingénieurs du Québec |
| 2006-08-21 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2006-08-17 | Application for leave to appeal, (Vol. 1 to 4), Completed on: 2006-08-21 | Robert Bélanger |
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 |
|---|---|---|
| Bélanger, Robert | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Jacques Guilbault, ingénieur, ès qualités de syndic adjoint de l'Ordre des ingénieurs du Québec | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Tribunal des Professions | Intervener | Active |
| Comité de discipline de l'ordre des ingénieurs du Québec | Intervener | Active |
Counsel
Party: Bélanger, Robert
Counsel
Tour de la Bourse
800, Place Victoria - bureau 3400
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-7563
FAX: (514) 397-7600
Email: kdelwaide@mtl.fasken.com
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
Party: Jacques Guilbault, ingénieur, ès qualités de syndic adjoint de l'Ordre des ingénieurs du Québec
Counsel
3450. rue Drummond
Bureau 108
Montréal, Quebec
H3G 1Y2
Telephone: (514) 289-9400
FAX: (514) 289-9068
Email: svenne@total.net
Party: Tribunal des Professions
This party is not represented by counsel.
Party: Comité de discipline de l'ordre des ingénieurs du Québec
This party is not represented by counsel.
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.
Procedural law – Pre-trial procedure – Administrative law – Appeal – Doctrine of abuse of process – Whether judicial system can maintain coherence and credibility if inferior tribunal makes decision on individual's conduct even though superior court has already examined same circumstances – Whether principle of [translation] "separate forums" allows of exceptions, as in instant case – Whether, under hierarchy of norms, Ordre des ingénieurs can give precedence to regulations (Code of ethics of engineers) over Act respecting occupational health and safety, which is public statute and law of public order – Whether, in such circumstances, doctrine of abuse of process can be applied and stay of disciplinary proceedings ordered.
The syndic accused Robert Bélanger of acts contrary to the Code of ethics of engineers. Mr. Bélanger brought a motion for a stay of proceedings to prevent the complaints filed from being heard by the committee on discipline of the Ordre des ingénieurs. Mr. Bélanger alleged that, in hearing another motion, Tingley J. of the Superior Court had considered the same issue covered by the complaint before the committee on discipline. According to Mr. Bélanger, the Superior Court had cleared him of all blame. Mr. Bélanger argued that hearing the complaint would be unfair because the complaint could not be allowed without contradicting the decision of Tingley J.
Lower court rulings
Superior Court of Quebec
500-17-021734-044
Requête en révision judiciaire de la décision du Tribunal des professions accueillie
Court of Appeal of Quebec (Montréal)
500-09-016153-058
Appel accueilli
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
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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
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