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Case information

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33518

Liviu Pogan v. Charles River Laboratories Preclinical Services Montreal Inc.

(Quebec) (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)
2010-09-17 Close file on Leave
2010-09-17 Reconsideration not accepted for filing, (documents returned)
2010-07-23 Letter acknowledging receipt of a complete motion for reconsideration
2010-07-22 Motion for reconsideration of the application for leave to appeal, Completed on: 2010-07-22 Liviu Pogan
2010-06-28 Close file on Leave
2010-06-25 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2010-06-25 Judgment on leave sent to the parties
2010-06-24 Judgment of the Court on the application for leave to appeal, The motion to add parties is dismissed. The motion to file a lengthy memorandum of argument is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-019325-091, 2009 QCCA 2189, dated November 13, 2009, is dismissed without costs.
Dismissed, without costs
2010-06-24 Decision on motion to file a lengthy memorandum of argument, See judgment
Granted
2010-06-24 Decision on the miscellaneous motion, See judgment
Dismissed
2010-05-25 All materials on application for leave submitted to the Judges, CJ Abe Cro
2010-05-25 Submission of miscellaneous motion, CJ Abe Cro
2010-05-25 Submission of motion to file a lengthy memorandum of argument, CJ Abe Cro
2010-02-22 Respondent's response on the application for leave to appeal, (Letter Form), from S.Thibault dated Feb. 22/10 re: will not be filing response (by fax), Completed on: 2010-02-22 Charles River Laboratories Preclinical Services Montreal Inc.
2010-02-09 Correspondence received, from Liliane Bruneau (Justice Canada) re: has no interest in this litigation and will not file a response to the motion
2010-02-08 Supplemental document, Form 25C Liviu Pogan
2010-02-08 Correspondence received from, Dr. Pogan dated 4 feb/10 re: included amended 25A, 25C Liviu Pogan
2010-02-08 Notice of miscellaneous motion, motion to add mis en cause parties, Completed on: 2010-02-08 Liviu Pogan
2010-02-08 Motion to file a lengthy memorandum of argument, Completed on: 2010-02-08 Liviu Pogan
2010-01-18 Letter acknowledging receipt of an incomplete application for leave to appeal
2010-01-12 Application for leave to appeal, (amended Form 25B & motion for lengthy memorandum of 35 pages requested - rec'd Feb. 8/10) (amended 25A received 8 Feb./10), Completed on: 2010-02-08 Liviu Pogan

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
Pogan, Liviu Applicant Active

v.

Main parties - Respondents
Name Role Status
Charles River Laboratories Preclinical Services Montreal Inc. Respondent Active

Counsel

Party: Pogan, Liviu

This party is not represented by counsel.

Party: Charles River Laboratories Preclinical Services Montreal Inc.

Counsel
Name
Sylvie Thibault
Contact information
Stikeman Elliott LLP
4000 - 1155, boul. René-Lévesque o.
Montréal, Quebec
H3B 3V2
Telephone: (514) 397-6452
FAX: (514) 397-3222
Email: sthibault@stikeman.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.

Civil liability - Moral damages - Punitive damages - Application for laboratory position rejected - Applicant’s career alleged to have been destroyed on discriminatory ground - Whether rejection of Applicant’s application discriminatory - Whether Applicant victim of miscarriage of justice - Whether applicable legislation unconstitutional.

The Applicant, who is of Romanian origin, was interviewed on October 15, 2003 for a laboratory position with the Respondent. The interview showed that there were differences between the requirements of the position and the Applicant’s qualifications. The Applicant’s application was rejected. He believed that he had been discriminated against because of his ethnic origin, and he filed a complaint with the Commission des droits de la personne. The Commission investigated and closed the case. Mr. Pogan applied to the Human Rights Tribunal.

Lower court rulings

December 20, 2005
Human Rights Tribunal

500-53-000229-052

Déclaration à l'effet que le Tribunal n'a pas compétence.

December 15, 2008
Superior Court of Quebec

2008 QCCS 6065, 500-17-029564-062

Rejet de l'action du demandeur en dommages-intérêts.

September 2, 2009
Court of Appeal of Quebec (Montréal)

2009 QCCA 1639, 500-09-019325-091

Rejet de l'appel.

November 13, 2009
Court of Appeal of Quebec (Montréal)

2009 QCCA 2189, 500-09-019325-091

Rejet de la demande de récusation et de la demande de rétraction du jugement du 2 septembre.

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

Not available

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

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

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Webcasts

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Date modified: 2025-02-27