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.
33557
Pascal Terjanian v. Yves Ayotte, 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) |
|---|---|---|
| 2010-09-20 | Close file on Leave | |
| 2010-09-17 | Certificate of taxation issued to, Marc Simard | |
| 2010-08-30 | Decision on the bill of costs, in the amount of $1,338.33, Reg | |
| 2010-08-27 | Submission of the bill of costs, Reg | |
| 2010-07-27 | Bill of costs, Completed on: 2010-07-27 | Yves Ayotte |
| 2010-05-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-05-28 | Judgment on leave sent to the parties | |
| 2010-05-27 |
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 (Montréal), Number 500-09-019447-093, 2009 QCCA 2404, dated December 10, 2009, is dismissed with costs. Dismissed, with costs |
|
| 2010-04-26 | All materials on application for leave submitted to the Judges, LeB De Cha | |
| 2010-03-17 | Correspondence received from, M. Simard by fax dated March 17/10 re: CA judgment. | Pascal Terjanian |
| 2010-03-10 | Respondent's response on the application for leave to appeal, Completed on: 2010-03-10 | Yves Ayotte |
| 2010-02-09 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2010-02-08 | Application for leave to appeal, Signed CA order missing-rec'd Mar 18/10, Completed on: 2010-02-17 | Pascal Terjanian |
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 |
|---|---|---|
| Terjanian, Pascal | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ayotte, Yves | Respondent | Active |
| Ordre des dentistes du Québec | Respondent | Active |
Counsel
Party: Terjanian, Pascal
Counsel
201 - 464 rue Saint-Jean
Montréal, Quebec
H2Y 2S1
Telephone: (514) 845-6221
FAX: (514) 845-2728
Email: brunet-brunet@netc.net
Party: Ayotte, Yves
Counsel
1700 - 1, place Ville-Marie
Montréal, Quebec
H3B 2C1
Telephone: (514) 878-3081
FAX: (514) 878-3053
Email: msimard@belangersauve.com
Agent
160, boul. de l'Hôpital, bureau 107
Gatineau, Quebec
J8T 8J1
Telephone: (819) 770-4880
FAX: (819) 595-4979
Email: djolicoeur@beaudry-bertrand.com
Party: Ordre des dentistes du Québec
Counsel
1700 - 1, place Ville-Marie
Montréal, Quebec
H3B 2C1
Telephone: (514) 878-3081
FAX: (514) 878-3053
Email: msimard@belangersauve.com
Agent
160, boul. de l'Hôpital, bureau 107
Gatineau, Quebec
J8T 8J1
Telephone: (819) 770-4880
FAX: (819) 595-4979
Email: djolicoeur@beaudry-bertrand.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.
Legislation - Interpretation - Law of professions - Professional inspection - Dentist refusing to produce records for professional order’s inspector, arguing that he could only be compelled to let inspector make copies of them - Whether Court of Appeal erred in using regulation as source for interpretation of order’s enabling act - Whether Court of Appeal made inappropriate use of special rule of interpretation according to which legislative provision may be departed from if literal application of provision would have “absurd” consequences - Whether Court of Appeal erred in applying principles of interpretation stated in Pharmascience Inc. v. Binet, [2006] 2 S.C.R. 513 - Whether Court of Appeal erred in disregarding nature of power of search and in expanding that power - Professional Code, R.S.Q., c. C-26, ss. 114, 192 - Dental Act, R.S.Q., c. D-3, s. 18 - Règlement sur le Comité d’inspection professionnelle de l’Ordre des dentistes du Québec, R.R.Q., c. D-3, r. 5.2, s. 1.
Dr. Terjanian refused to co-operate with the inspector of his professional order, who wanted the dentist to produce records for examination; he filed a motion for a declaratory judgment in the Superior Court to have s. 192 of the Professional Code interpreted as he wished, that is, as saying that the order could only obtain copies from him.
Lower court rulings
Superior Court of Quebec
500-17-031789-061
Action déclaratoire du demandeur accueillie à la seule fin de déclarer que l’exigence de l’Ordre professionnel est permise.
Court of Appeal of Quebec (Montréal)
2009 QCCA 2404, 500-09-019447-093
Appel rejeté.
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
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