Case information
Consult our database for details on a Supreme Court of Canada case.
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.
| 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
| Name | Role | Status |
|---|---|---|
| Pogan, Liviu | Applicant | Active |
v.
| 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
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
Human Rights Tribunal
500-53-000229-052
Déclaration à l'effet que le Tribunal n'a pas compétence.
Superior Court of Quebec
2008 QCCS 6065, 500-17-029564-062
Rejet de l'action du demandeur en dommages-intérêts.
Court of Appeal of Quebec (Montréal)
2009 QCCA 1639, 500-09-019325-091
Rejet de l'appel.
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
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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