Case information
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32923
Ghislaine Turcotte, et al. v. Yvan Niquette and Centre communautaire juridique de la Rive Sud, 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) |
|---|---|---|
| 2009-03-13 | Close file on Leave | |
| 2009-03-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-03-13 | Judgment on leave sent to the parties | |
| 2009-03-12 |
Decision on motion to add or substitute parties, LeB De Cro, The applicants’ motion to be granted party status to file their application with respect to the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-018588-087, dated June 30, 2008, is dismissed. It will not be necessary to deal with the application for leave to appeal. Dismissed |
|
| 2009-02-09 | Submission of motion to add or substitute parties, (see letter filed Dec. 2/08), LeB De Cro | |
| 2009-02-09 | All materials on application for leave submitted to the Judges, LeB De Cro | |
| 2008-12-11 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2008-12-10 | Correspondence received from, the applicants (by fax) dated Dec. 10/08 re: update of case | Ghislaine Turcotte |
| 2008-12-08 | Correspondence received from, the applicants (by fax) dated Dec. 8/08 to the Deputy Registrar re: answer to letters | Ghislaine Turcotte |
| 2008-12-02 | Correspondence received from, the applicants (by fax) dated Nov. 11/08 addressed to the Chief Justice re: motion to be added as parties (original rec'd Dec. 9/08) | Ghislaine Turcotte |
| 2008-11-24 | Correspondence received from, Suzanne Dame dated Nov. 18/08 joint with a copy of a Notice of settlement | Commission des services juridiques |
| 2008-11-24 | Correspondence (sent by the Court) to, the applicants in response to the letter of Nov. 11/08 and requesting a motion to be added as parties | |
| 2008-11-12 | Correspondence received from, the applicants (by fax) dated Nov. 11/08 to the Registrar requesting to be exempted from filing a motion to be added as parties | Ghislaine Turcotte |
| 2008-10-28 | General proceeding, Avis de la partie intimée (by fax) re: will not be filing a response (original rec'd Nov. 21/08) | Commission des services juridiques |
| 2008-09-29 | Book of authorities | Ghislaine Turcotte |
| 2008-09-29 | Application for leave to appeal, vol. I & II, Completed on: 2008-09-29 | Ghislaine Turcotte |
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 |
|---|---|---|
| Turcotte, Ghislaine | Applicant | Active |
| Bohémier, Myriam | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Yvan Niquette and Centre communautaire juridique de la Rive Sud | Respondent | Active |
| Commission des services juridiques | Respondent | Active |
| Lafontaine, Paradis et associés | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Gérin-Lajoie, Kévin | Intervener | Active |
Counsel
Party: Turcotte, Ghislaine
This party is not represented by counsel.
Party: Bohémier, Myriam
Counsel
Bureau 207
Brossard, Quebec
J4Z 1A5
Telephone: (514) 758-0530
FAX: (514) 201-5215
Email: myriam@myriambohemier.onmicrosoft.com
Party: Yvan Niquette and Centre communautaire juridique de la Rive Sud
Counsel
390, rue Notre-Dame ouest
Bureau 390
Montréal, Quebec
H2Y 1T9
Telephone: (514) 842-9521
FAX: (514) 844-1274
Email: fmeloche@melar.ca
Party: Commission des services juridiques
Counsel
2, Complexe Desjardins
Tour de l'Est, bureau 1404
Montréal, Quebec
H5B 1B3
Telephone: (514) 873-3562 Ext: 222
FAX: (514) 873-9263
Party: Lafontaine, Paradis et associés
This party is not represented by counsel.
Party: Gérin-Lajoie, Kévin
This party is not represented by counsel.
Summary
Keywords
None.
Summary
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Civil procedure - Costs - Principles governing awarding of costs against counsel and against third party not party to proceeding.
In April 2007, Kévin Gérin-Lajoie, the universal legatee of his grandmother, applied for a legal aid mandate for the purpose of an application to replace the liquidator of her succession. He was represented by the firm Lafontaine, Paradis et Associés. In February 2008, however, a motion by the law firm to cease representing was allowed. Given these circumstances, Mr. Gérin-Lajoie, represented by the Applicant Ms. Bohémier, filed a motion for mandamus in the Superior Court to compel the Respondents Yvan Niquette, Centre communautaire juridique de la Rive Sud and Commission des services juridiques to provide him with the legal services of another lawyer for the purpose of the proceedings to replace the liquidator. Because he believed that those authorities did not have discretion as to whether to issue a legal aid mandate in the circumstances, he also applied for an order to safeguard. In that application, he asked that the authorities be ordered to provide him with legal services and to allow him to be accompanied by his mother (the Applicant Turcotte) and her delegate (Ms. Bohémier) at interviews with legal aid lawyers. In addition, he sought an order for the authorities to issue a legal aid mandate to Ms. Bohémier.
The Superior Court refused to make the order to safeguard on the ground that there was no urgency in the circumstances. Dalphond J.A. of the Court of Appeal refused to grant leave to appeal that judgment. Having regard to the special circumstances in this case, and in particular the fact that the proposed appeal has no chance of success, that the application for leave to appeal brought by Mr. Gérin-Lajoie was in fact the doing of Ms. Turcotte and Ms. Bohémier and that, in the opinion of the Court, it had not been brought in the interests of Mr. Gérin-Lajoie, he awarded costs against Ms. Turcotte and Ms. Bohémier solidarily.
Lower court rulings
Superior Court of Quebec
505-05-009280-089
Demande d'ordonnance de sauvegarde rejetée
Court of Appeal of Quebec (Montréal)
500-09-018588-087
Requête pour permission d'appeler rejetée avec dépens
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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