Case information
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34081
Jacynthe Deschênes v. Laurentian Bank Securities 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) |
|---|---|---|
| 2011-06-22 | Close file on Leave | |
| 2011-06-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-06-17 | Judgment on leave sent to the parties | |
| 2011-06-16 |
Judgment of the Court on the application for leave to appeal, The applicant’s motion to file a lengthy reply and to extend the time to serve and file that reply is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-019150-085, 2010 QCCA 2137, dated November 22, 2010, is dismissed with costs. Dismissed, with costs |
|
| 2011-06-16 |
Decision on motion to extend time Granted |
|
| 2011-05-24 | All materials on application for leave submitted to the Judges, CJ De Cha | |
| 2011-05-24 | Submission of motion to extend time, CJ De Cha | |
| 2011-05-24 | Response to motion to extend time, (Letter Form), from J.-M. Brodeur dated May 24/11 (by fax), Completed on: 2011-05-24 | Laurentian Bank Securities Inc. |
| 2011-05-20 | Motion to extend time, to serve and file the applicant's reply to May 17/11 and to file a lengthy reply of 13 pages, Completed on: 2011-05-20 | Jacynthe Deschênes |
| 2011-05-17 | Applicant's reply to respondent's argument, motion to extend time and to file a lengthy reply of 13 pages rec'd May 20/11, Completed on: 2011-05-20 | Jacynthe Deschênes |
| 2011-02-17 | Respondent's response on the application for leave to appeal, Service missing - Rec'd on Feb. 25, 2011, Completed on: 2011-02-25 | Laurentian Bank Securities Inc. |
| 2011-02-09 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2011-02-04 | Correspondence received from, Counsel for the respondent confirming receipt of application for leave to appeal. Confirmed on Feb.7/11 by telephone conversation that respondent was served on Jan.19/10. | Laurentian Bank Securities Inc. |
| 2011-01-20 | Application for leave to appeal, Trial Court Order (N/A); fee missing - fee received Feb.10/11., Completed on: 2011-02-10 | Jacynthe Deschênes |
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 |
|---|---|---|
| Deschênes, Jacynthe | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Laurentian Bank Securities Inc. | Respondent | Active |
Counsel
Party: Deschênes, Jacynthe
This party is not represented by counsel.
Party: Laurentian Bank Securities Inc.
Counsel
1100, boul. René-Lévesque ouest
Bureau 1460
Montréal, Quebec
H3B 4N4
Telephone: (514) 879-6900
FAX: (514) 879-6907
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.
Administrative law — Judicial review — Time for acting — Civil procedure — Labour law — Whether Superior Court erred in allowing motion to dismiss — Whether Commission des relations du travail erred in dismissing applicant’s complaint — Whether Court of Appeal erred in dismissing appeal — Art. 835.1 of Code of Civil Procedure, R.S.Q. c. C 25.
Ms. Deschênes, who was a securities dealer and investment counsel at the time, presented a wrongful dismissal complaint (s. 124 of the Act respecting labour standards) to the Commission des relations du travail (“CRT”) after her reinstatement at her workplace was unsuccessful. Her complaint was dismissed. She filed a motion for judicial review with the Superior Court 73 days after learning of the CRT’s decision. The Superior Court concluded that the motion should be dismissed because it had not been filed within a reasonable time. The Court of Appeal granted Ms. Deschênes leave to appeal but dismissed the appeal on the ground that the Superior Court had not made a palpable and overriding error and that Ms. Deschênes had not established any exceptional circumstances justifying the time she had taken to act.
Lower court rulings
Superior Court of Quebec
2010 QCCS 5007, 500-17-041072-086
Requête de l'intimée en irrecevabilité accueillie
Court of Appeal of Quebec (Montréal)
2010 QCCA 2137, 500-09-019150-085
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
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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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