Case information
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34385
David Zinga Ditomene, et al. v. Syndicat du personnel enseignant du Cégep de Sherbrooke, 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) |
|---|---|---|
| 2012-06-19 | Close file on Leave | |
| 2012-06-19 | Reconsideration not accepted for filing, (documents returned) | |
| 2012-01-16 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2012-01-09 | Motion for reconsideration of the application for leave to appeal, Completed on: 2012-01-09 | David Zinga Ditomene |
| 2011-12-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-12-09 | Judgment on leave sent to the parties | |
| 2011-12-08 |
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), Numbers 500-09-021079-108 and 500-09-021184-106, dated July 8, 2011, is dismissed without costs. Dismissed, without costs |
|
| 2011-11-07 | All materials on application for leave submitted to the Judges, LeB Abe Cro | |
| 2011-08-30 | Respondent's response on the application for leave to appeal, (Letter Form), from Lisa Lanno dated Augiust 30, 2011 re: will not file a response (by fax), Completed on: 2011-08-30 | Syndicat du personnel enseignant du Cégep de Sherbrooke |
| 2011-08-16 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-08-11 | Correspondence (sent by the Court) to, M. Ditomene, re: acknowledgment letter | |
| 2011-08-05 | Application for leave to appeal, service confirmed by phone, Completed on: 2011-08-05 | David Zinga Ditomene |
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 |
|---|---|---|
| Ditomene, David Zinga | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Syndicat du personnel enseignant du Cégep de Sherbrooke | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Ditomene, David Zinga | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Syndicat du personnel enseignant du Cégep de Sherbrooke, Claude Tétreault, Catherine Ladouceur et Jacques Bazinet | Respondent | Active |
Counsel
Party: Ditomene, David Zinga
This party is not represented by counsel.
Party: Syndicat du personnel enseignant du Cégep de Sherbrooke
Counsel
2100, boul. de Maisonneuve Est
Bureau 501
Montréal, Quebec
H2K 4S1
Telephone: (514) 529-4923
FAX: (514) 529-4932
Email: yvan.malo@csn.gc.ca
Party: Syndicat du personnel enseignant du Cégep de Sherbrooke, Claude Tétreault, Catherine Ladouceur et Jacques Bazinet
Counsel
2100, boul. de Maisonneuve Est
Bureau 501
Montréal, Quebec
H2K 4S1
Telephone: (514) 529-4923
FAX: (514) 529-4932
Email: yvan.malo@csn.gc.ca
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 procedure — Jurisdiction — Whether Court of Appeal erred in treating application to annul agreement as application for review of decision of administrative tribunal.
Mr. Ditomène was a professor in the economics department at Cégep de Sherbrooke. He complained of harassment and filed a grievance (no. 4016). The union did not want to take the grievance to arbitration, so Mr. Ditomène filed a complaint against the union with the CRT. The complaint was settled through an agreement. That agreement, which was dated May 15, 2007, stated that the union gave Mr. Ditomène the right to present his grievance before the arbitrator himself. The agreement settled a first complaint to the CRT under s. 47.2 of the Labour Code. The harassment grievance (no. 4016) was discontinued, as was a grievance against Mr. Ditomène’s subsequent dismissal. Mr. Ditomène then filed a new complaint with the CRT.
Lower court rulings
Superior Court of Quebec
450-17-003648-103
Motion to dismiss allowed
Superior Court of Quebec
500-17-058323-109
Continuation of hearing into exceptions to dismiss ordered solely in relation to conclusions of motion seeking declaration that claim inadmissible or dismissal of action;
Hearing on dismissal related issues adjourned to October 21, 2010
Superior Court of Quebec
500-17-058323-109
Motion to dismiss allowed
Court of Appeal of Quebec (Montréal)
500-09-021079-108, 500-09-021184-109
Motion for leave to appeal LeBel J.’s judgment of October 21, 2010 dismissed;
Motions to appeal LeBel J.’s judgments of October 21, 2010 and Dumas J.’s judgment of September 10, 2010 postponed to July 8, 2011
Court of Appeal of Quebec (Montréal)
500-09-021079-108, 500-09-021184-106
Motion to dismiss appeal allowed;
Appeal dismissed
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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