Case information
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35091
Marius Drexeler v. Attorney General of Quebec, 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) |
|---|---|---|
| 2013-12-03 | Close file on Leave | |
| 2013-12-03 | Correspondence (sent by the Court) to, Mr. Drexeler returning once again his documents | |
| 2013-11-07 | Correspondence (sent by the Court) to, Mr. Drexeler returning all documents | |
| 2013-09-04 | Reconsideration not accepted for filing, (documents returned) | |
| 2013-05-27 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2013-05-22 | Motion for reconsideration of the application for leave to appeal, (Book Form), Completed on: 2013-05-22 | Marius Drexeler |
| 2013-04-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-04-26 | Judgment on leave sent to the parties | |
| 2013-04-25 |
Judgment of the Court on the application for leave to appeal, The motion to add a party is dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-022734-123, 2012 QCCA 1666, dated September 10, 2012, is dismissed without costs. Dismissed, without costs |
|
| 2013-04-25 |
Decision on motion to add or substitute parties, see judgment Dismissed |
|
| 2013-03-18 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2013-03-18 | Submission of motion to add or substitute parties, LeB Ka Wa | |
| 2013-02-04 | Correspondence received from, Mikael Benoit dated Jan. 24/13 re: correction to their letter of Jan. 8/13 | City of Montreal |
| 2013-01-28 | Applicant's reply to respondent's argument, (Letter Form), (reply to AGQ's response), Completed on: 2013-01-28 | Marius Drexeler |
| 2013-01-28 | Reply to motion to add or substitute parties, Completed on: 2013-01-28 | Marius Drexeler |
| 2013-01-21 | Response to motion to add or substitute parties, (Letter Form), from Pierre Salois for the Attorney General of Canada in response to the motion to add as party, Completed on: 2013-01-04 | Attorney General of Canada |
| 2013-01-21 | Correspondence received from, Mr. Drexeler dated Jan. 13, 2013 re: fee waiver requested (granted Jan. 22/13) | Marius Drexeler |
| 2013-01-21 | Applicant's reply to respondent's argument, (Letter Form), (reply to City of Montréal response) oral hearing requested, Completed on: 2013-01-21 | Marius Drexeler |
| 2013-01-14 | Correspondence received from, Mr. Drexeler dated Jan. 10/13 re: new covers | Marius Drexeler |
| 2013-01-14 | Motion to add or substitute parties, to add the Attorney General of Canada as a party (Fee waiver granted by the Registrar Jan. 22/13), Completed on: 2013-01-23 | Marius Drexeler |
| 2013-01-11 | Respondent's response on the application for leave to appeal, (Letter Form), Christian Baillargeon rec'd by fax dated Jan. 10/13 re: will not be participating in the application (cc. to all parties), Completed on: 2013-01-11 | Commission des droits de la personne et des droits de la jeunesse |
| 2013-01-09 | Respondent's response on the application for leave to appeal, (Letter Form), from Mikael Benoit dated Jan. 8/13 re: will not file a formal response, Completed on: 2013-01-09 | City of Montreal |
| 2012-12-11 | Letter acknowledging receipt of an incomplete application for leave to appeal, (File open) | |
| 2012-11-22 | Respondent's response on the application for leave to appeal, (Letter Form), Céline Stehly rec'd by fax dated Nov. 22/12 re: will not be participating, Completed on: 2012-11-22 | Attorney General of Quebec |
| 2012-11-14 | Correspondence (sent by the Court) to, Acknowledgment | |
| 2012-11-08 | Application for leave to appeal, (Book Form), New cover rec'd Jan. 14/13, Completed on: 2013-01-14 | Marius Drexeler |
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 |
|---|---|---|
| Drexeler, Marius | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Quebec | Respondent | Active |
| City of Montreal | Respondent | Active |
| Service de police de la Ville de Montréal | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Commission des droits de la personne et des droits de la jeunesse | Intervener | Active |
| Commissaire à la déontologie policière | Intervener | Active |
Counsel
Party: Drexeler, Marius
This party is not represented by counsel.
Party: Attorney General of Quebec
Counsel
1, rue Notre-Dame Est
Bureau 8.00
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336
FAX: (514) 873-7074
Party: City of Montreal
Counsel
775, rue Gosford
4ième étage
Montréal, Quebec
H2Y 3B9
Telephone: (514) 872-6852
FAX: (514) 872-2828
Email: mikael.benoit@ville.montreal.qc.ca
Party: Service de police de la Ville de Montréal
Counsel
775, rue Gosford
4ième étage
Montréal, Quebec
H2Y 3B9
Telephone: (514) 872-6852
FAX: (514) 872-2828
Email: mikael.benoit@ville.montreal.qc.ca
Party: Commission des droits de la personne et des droits de la jeunesse
Counsel
360, rue Saint-Jacques Ouest
2e étage
Montréal, Quebec
H2Y 1P5
Telephone: (514) 873-5146 Ext: 213
FAX: (514) 864-7982
Email: maurice.drapeau@cdpdj.qc.ca
Party: Commissaire à la déontologie policière
Counsel
454, Place Jacques-Cartier
5e étage
Montréal, Quebec
H2Y 3B3
Telephone: (514) 864-1784 Ext: 225
FAX: (514) 864-3552
Email: maurice.cloutier@msp.gouv.qc.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.
Civil procedure – Time – Abuse of process – Whether Court of Appeal erred in dismissing motion for inscription for judgment by default and/or for proof and hearing.
The applicant Mr. Drexeler brought a civil liability action against the Attorney General of Quebec (“AGQ”) and the City of Montréal seeking a total of $60,000,000 and various orders. He alleged that, on August 1, 2008, he had been the victim of a traffic accident while riding a bicycle in Montréal. He stated that he had sustained various injuries for which he had been hospitalized and undergone surgery.
Mr. Drexeler reproached the City of Montréal for the manner in which he had been treated by police officers from its police force who had been called to the scene of the incident to obtain his account of the circumstances of the incident. He also complained about the accident reports prepared by those officers, submitting that the delay in correcting the first report had caused him damage; for instance, he had allegedly been unable to begin physiotherapy treatments in a timely fashion. He also criticized the respondents for their discriminatory treatment of him. In particular, he held the AGQ responsible for the alleged infringements of his fundamental rights. His rights had allegedly also been violated by the Service de police de la Ville de Montréal and by the Commission des droits de la personne and the Police Ethics Commissioner.
Lower court rulings
Superior Court of Quebec
500-17-067012-115
Motion for inscription for judgment by default;
Motions to institute proceedings dismissed
Court of Appeal of Quebec (Montréal)
500-09-022734-123
Appeal dismissed;
Motion [TRANSLATION] “for access to justice with balance in the parties’ economic power and for relief from filing a factum” dismissed;
Motion for inscription for judgment by default 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 613-996-8666 or at 1-844-365-9662.
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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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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.
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