Case information
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35205
G. G. v. Administrative Tribunal of Québec
(Quebec) (Civil) (By Leave)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2013-04-30 | Close file on Leave | |
| 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 file a lengthy memorandum of argument is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-022861-124, 2012 QCCA 2047, dated November 16, 2012, is dismissed without costs. Dismissed, without costs |
|
| 2013-04-25 |
Decision on motion to file a lengthy memorandum of argument, see judgment on leave Granted |
|
| 2013-04-25 | Order on miscellaneous motion, (endorsement on motion) | |
| 2013-04-25 |
Decision on the miscellaneous motion, for permission to file applicant's documents pursuant to Rule 32(2), DeRg Dismissed |
|
| 2013-04-25 | Submission of miscellaneous motion, DeRg | |
| 2013-04-24 | Notice of miscellaneous motion, for permission to file documents pursuant to Rule 32(2), Completed on: 2013-04-24 | G. G. |
| 2013-03-25 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2013-03-25 | Submission of motion to file a lengthy memorandum of argument, LeB Ka Wa | |
| 2013-03-12 | Motion to file a lengthy memorandum of argument, Completed on: 2013-03-12 | G. G. |
| 2013-03-05 | Applicant's reply to respondent's argument, (Letter Form), motion to file a lengthy reply rec'd Mar. 12/13, Completed on: 2013-03-18 | G. G. |
| 2013-02-21 | Respondent's response on the application for leave to appeal, (Letter Form), will not file a formal response - cc. to all parties, Completed on: 2013-02-21 | Minister of Employment and Social Solidarity |
| 2013-02-19 | Respondent's response on the application for leave to appeal, (Letter Form), will not participate, Completed on: 2013-02-19 | Administrative Tribunal of Québec |
| 2013-02-08 | Letter acknowledging receipt of a complete application for leave to appeal, (File open) | |
| 2013-01-22 | Correspondence (sent by the Court) to, Acknowledgement | |
| 2013-01-15 | Supplemental document, 1 copy filed of exhibit A-5, 6, 10, 16, 18, 23, 25, 27, 36, 43, 44, 45, 48, 49, 50, 51, 52 and 53 only exhibit 48 to 53 where served with the application, all other exhibit where served previously. | G. G. |
| 2013-01-15 | Application for leave to appeal, (Book Form), Request for exemption of fees included (granted by the Registrar Feb 11/13), Completed on: 2013-01-15 | G. G. |
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 |
|---|---|---|
| G. G. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Administrative Tribunal of Québec | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Minister of Employment and Social Solidarity | Intervener | Active |
Counsel
Party: G. G.
This party is not represented by counsel.
Party: Administrative Tribunal of Québec
This party is not represented by counsel.
Party: Minister of Employment and Social Solidarity
Counsel
Bureau 8.00
1, rue Notre-Dame Est
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336
FAX: (514) 873-7074
Email: mario.normandin@justice.gouv.qc.ca
Summary
Keywords
None.
Summary
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Administrative law – Appeal – Leave to appeal – Whether courts below erred in reviewing social assistance benefit.
The applicant had been receiving assistance from the Ministère de l’Emploi et de la Solidarité sociale (MESS) since November 1995. In the course of an investigation, an investigator from the MESS learned that the applicant owned a lot in the municipality of Rivière Rouge. The investigator called the applicant, who confirmed his ownership of the immovable free from any hypothec. However, he added that he had transferred the land to his daughter in 1990 but that the transfer had never been notarized. The applicant was called in for an interview but neglected to attend. The investigator then recommended claiming from the applicant the amount not owed to him, namely $50,000, which was the amount he had received but should not have been paid because of the value of the land, and cancelling his social assistance. The applicant then received a notice of claim for misrepresentation, inter alia for giving a false answer to a specific question asked by the MESS, namely whether he owned a house, a cottage, land, etc. In December 2005, the applicant appealed that decision to the review branch of the MESS, which upheld the claim made by the MESS.
Lower court rulings
Superior Court of Quebec
500-17-060144-105
Motion for judicial review dismissed
Court of Appeal of Quebec (Montréal)
2012 QCCA 2047, 500-09-022861-124
Motion for leave to 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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 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
Not available
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.
Downloadable PDFs
Not available