Case information
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34503
Mikel (Mehrdad) Golzarian v. Association des policiers provinciaux du Québec, 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) |
|---|---|---|
| 2012-09-13 | Close file on Leave | |
| 2012-09-12 | Certificate of taxation issued to, Pierre Landry | |
| 2012-09-07 | Decision on the bill of costs, in the amount of $1,801.35, Reg | |
| 2012-09-07 | Submission of the bill of costs, Reg | |
| 2012-08-27 | Response to the bill of costs, to Bill of Costs from AG of Quebec, cc. to Pierre Landry, Completed on: 2012-08-27 | Mikel (Mehrdad) Golzarian |
| 2012-08-22 | Bill of costs, Completed on: 2012-08-22 | Attorney General of Quebec |
| 2012-06-27 | Certificate of taxation issued to, Gino Castiglio | |
| 2012-06-22 | Decision on the bill of costs, in the amount of $1,511.96, Reg | |
| 2012-06-21 | Submission of the bill of costs, Reg | |
| 2012-06-06 | Response to the bill of costs, Completed on: 2012-06-06 | Mikel (Mehrdad) Golzarian |
| 2012-05-29 | Bill of costs, Completed on: 2012-05-29 | Association des policiers provinciaux du Québec |
| 2012-05-10 | Correspondence (sent by the Court) to, Revised judgment sent to all parties | |
| 2012-03-02 | Correspondence received from, Mikel Golzarian dated February 29, 2012 (by fax). Re: Form 25-C | Mikel (Mehrdad) Golzarian |
| 2012-02-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-02-24 | Judgment on leave sent to the parties | |
| 2012-02-23 |
Judgment of the Court on the application for leave to appeal, (Revised Apr. 25/12) The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-019477-090, 2011 QCCA 1250, dated July 4, 2011, is dismissed with costs. Dismissed, with costs |
|
| 2012-01-09 | All materials on application for leave submitted to the Judges, De F Ka | |
| 2011-11-30 | Applicant's reply to respondent's argument, Completed on: 2011-11-30 | Mikel (Mehrdad) Golzarian |
| 2011-11-24 | Book of authorities | Attorney General of Quebec |
| 2011-11-24 | Respondent's response on the application for leave to appeal, Completed on: 2011-11-24 | Attorney General of Quebec |
| 2011-11-22 | Respondent's response on the application for leave to appeal, Completed on: 2011-11-22 | Association des policiers provinciaux du Québec |
| 2011-10-25 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-09-27 | Correspondence (sent by the Court) to, Acknowledgment letter | |
| 2011-09-23 | Correspondence received from, Mikel Golzarian dated September 23, 2011. Re: Fee waiver requested (Granted on October 25, 2001) | Mikel (Mehrdad) Golzarian |
| 2011-09-23 | Application for leave to appeal, Fee waiver granted, Completed on: 2011-10-25 | Mikel (Mehrdad) Golzarian |
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 |
|---|---|---|
| Golzarian, Mikel (Mehrdad) | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Association des policiers provinciaux du Québec | Respondent | Active |
| Jean-Guy Dagenais, Tony Canavino, Réjean Corriveau and Gaston Pomerleau | Respondent | Active |
| Attorney General of Quebec | Respondent | Active |
Counsel
Party: Golzarian, Mikel (Mehrdad)
This party is not represented by counsel.
Party: Association des policiers provinciaux du Québec
Counsel
441 rue de la Gauchetière Est
Montréal, Quebec
H2L 2M7
Telephone: (514) 849-7791
FAX: (514) 849-0295
Party: Jean-Guy Dagenais, Tony Canavino, Réjean Corriveau and Gaston Pomerleau
Counsel
441 rue de la Gauchetière Est
Montréal, Quebec
H2L 2M7
Telephone: (514) 849-7791
FAX: (514) 849-0295
Party: Attorney General of Quebec
Counsel
8.00 - 1, rue Notre-Dame Est
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336 Ext: 51467
FAX: (514) 873-7074
Email: jean-yves.bernard@justice.gouv.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
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.
Civil procedure – Parties – Standing – Lack of interest – Declinatory exception – Prescription – Action seeking award of damages, reinstatement in Sûreté du Québec and declaration of unconstitutionality for certain provisions of Act respecting the Syndical Plan of the Sûreté du Québec, R.S.Q., c. R 14 – Whether courts below erred in dismissing action on grounds of lack of interest and prescription.
In August 2007, Mr. Golzarian filed a motion to institute proceedings in which he sought an award of damages against the respondent Association and its officers as well as reinstatement in the Sûreté du Québec. He also sought to have certain provisions of the Act respecting the Syndical Plan of the Sûreté du Québec declared unconstitutional.
The Attorney General of Quebec and the respondent Association urged the dismissal of the action. The Attorney General argued that, since Mr. Golzarian had not been employed by the Sûreté du Québec since 2002, he did not have the necessary interest to challenge the constitutionality of the Act respecting the Syndical Plan of the Sûreté du Québec. The Association argued that there was no legal basis for the action because it was prescribed.
The Superior Court allowed the exceptions to dismiss and dismissed the motion to institute proceedings. The Court of Appeal affirmed the decision.
Lower court rulings
Superior Court of Quebec
2009 QCCS 429, 700-17-004444-070
Motion to institute proceedings dismissed
Court of Appeal of Quebec (Montréal)
2011 QCCA 1250, 500-09-019477-090
Appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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.
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Factums on appeal
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.
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