Case information
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34233
Van-Thang Nguyen v. Jean-Pierre Chiasson, 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) |
|---|---|---|
| 2012-02-07 | Close file on Leave | |
| 2012-01-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-01-13 | Judgment on leave sent to the parties | |
| 2012-01-12 |
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 500-09-021486-113, 2011 QCCA 484, dated March 11, 2011, is dismissed without costs. Dismissed, without costs |
|
| 2011-11-21 | All materials on application for leave submitted to the Judges, De F Ka | |
| 2011-05-05 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-05-02 | Correspondence (sent by the Court) to, Acknowledgment | |
| 2011-04-28 | Application for leave to appeal, Completed on: 2011-04-28 | Van-Thang Nguyen |
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 |
|---|---|---|
| Nguyen, Van-Thang | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Chiasson, Jean-Pierre | Respondent | Active |
| Clinique Nouveau Départ | Respondent | Active |
| CÉPAT (Centre d'évaluation pour alcooliques et toxicomanes) | Respondent | Active |
Counsel
Party: Nguyen, Van-Thang
This party is not represented by counsel.
Party: Chiasson, Jean-Pierre
Counsel
1000, De La Gauchetière Ouest
Bureau 2500
Montréal, Quebec
H3B 0A2
Telephone: (514) 397-4100
FAX: (514) 875-6246
Email: aalabbe@mccarthy.ca
Party: Clinique Nouveau Départ
Counsel
500, Place d'Armes
Bureau 2420
Montréal, Quebec
H2Y 2W2
Telephone: (514) 845-3533
FAX: (514) 845-9522
Email: tdidonato@morencyavocats.com
Party: CÉPAT (Centre d'évaluation pour alcooliques et toxicomanes)
Counsel
2500 - 1000 De La Gauchetière O.
Montréal, Quebec
H3B 0A2
Telephone: (514) 397-4173
FAX: (514) 875-6246
Email: jflehoux@mccarthy.ca
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.
Law of professions — Acupuncturists — Discipline — Civil procedure — Whether medical clinic can dissociate itself from acts of its medical director, who committed fault contrary to public order — Whether suing medical clinic solidarily with its medical director constitutes procedural impropriety under art. 54.1 C.C.P. — Whether agreeing, based on third party’s mandate, to conduct medical assessment of person who is in full possession of physical and mental capacities and, above all, who suffers from no known illness constitutes offence under arts. 10 and 11 C.C.Q. — Whether audi alteram partem rule and concept of fundamental justice violated — Arts. 10 and 11 of Civil Code of Québec, S.Q. 1991, c. 64.
During the years prior to the applicant’s motion to institute proceedings in this case, the applicant brought six civil suits against the Ordre des acupuncteurs du Québec.
The applicant, Van Thang Nguyen, and the Ordre des acupuncteurs du Québec (“OAQ”) were parties to a transaction within the meaning of the Civil Code of Québec that sought to settle out of court a dispute arising out of disciplinary proceedings brought against Mr. Nguyen. The transaction provided for several steps to be taken by Mr. Nguyen so he could return to the OAQ and receive his permit to practice, including psychometric tests and a recorded assessment of his oral communication with his patients. However, Mr. Nguyen refused to undergo the first psychometric test.
Lower court rulings
Superior Court of Quebec
500-17-060694-109
Motion to institute proceedings dismissed; applicant Mr. Nguyen ordered to pay respondent Clinique Nouveau Départ $17,715.82 for respondent’s extrajudicial fees.
Court of Appeal of Quebec (Montréal)
500-09-021486-113
Leave to appeal refused.
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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