Case information
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35495
Jean St-Arnaud v. Christine Laplante, et al.
(Quebec) (Civil) (By Leave)
(Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2014-01-17 | Close file on Leave | |
| 2014-01-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-01-17 | Judgment on leave sent to the parties | |
| 2014-01-16 |
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 500-09-021771-118, 2013 QCCA 981, dated May 27, 2013, is dismissed with costs. Dismissed, with costs |
|
| 2013-12-09 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2013-12-09 | All material on the application for leave to cross-appeal submitted to the Judges, LeB Ka Wa | |
| 2013-09-20 | Application for leave to cross-appeal, (Book Form), included in the response in volume 2, Completed on: 2013-09-20 | Christine Laplante |
| 2013-09-20 | Respondent's response on the application for leave to appeal, (Book Form), Two volumes, 6 sealed envelopes filed, and 2 cds( one is SEALED). Service to come (rec'd 2013-09-24), Completed on: 2013-09-24 | Christine Laplante |
| 2013-08-27 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-08-26 | Application for leave to appeal, (Book Form), Completed on: 2013-08-26 | Jean St-Arnaud |
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 |
|---|---|---|
| St-Arnaud, Jean | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Laplante, Christine | Respondent | Active |
| Stéphane Jacques, in his personal capacity and as tutor to his minor child William Jacques | Respondent | Active |
Counsel
Party: St-Arnaud, Jean
Counsel
Me Philippe Dufort-Langlois
1150, rue De Claire-Fontaine
7ième étage
Québec, Quebec
G1R 5G4
Telephone: (418) 521-3038
FAX: (418) 521-3098
Email: cjarry@mccarthy.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Laplante, Christine
Counsel
Bureau 201, c.p. 96
Lac-Mégantic, Quebec
G6B 2S5
Telephone: (819) 583-2776
FAX: (819) 583-2483
Email: gloriane.blais@sympatico.ca
Party: Stéphane Jacques, in his personal capacity and as tutor to his minor child William Jacques
Counsel
Bureau 201, c.p. 96
Lac-Mégantic, Quebec
G6B 2S5
Telephone: (819) 583-2776
FAX: (819) 583-2483
Email: gloriane.blais@sympatico.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.
Delictual liability – Professional liability – Bodily injury – Evidence – Reservation of right to apply for additional damages if course of creditor’s physical condition cannot be determined with sufficient precision at time of judgment – Whether court that reserves right under art. 1615 C.C.Q. can refuse to decide merits of part of claim made by plaintiffs – Civil Code of Québec, S.Q. 1991, c. 64, art. 1615.
The respondents are the parents of a child who was born prematurely in 2002 at 30 weeks’ gestation. They instituted an action against the applicant Dr. St Arnaud and a health and social services centre, blaming them for the complications suffered by their child, including attention deficit hyperactivity disorder and sensory regulation disorder. They claimed damages on their own behalf and on behalf of their child.
The Superior Court allowed the action against Dr. St Arnaud. Tôth J. found that the fault committed by Dr. St Arnaud had prevented the child’s normal development as a result of the premature birth. He ordered Dr. St Arnaud to pay certain amounts. Under art. 1615 of the C.C.Q., he also reserved the father’s right to apply, on the child’s behalf, for additional damages for a period of three years, since he was of the opinion that, although there was definite, present and actual injury resulting from Dr. St Arnaud’s fault, the course of the child’s physical condition could not be determined with sufficient precision. In particular, the judge noted that the child was nine years old and that the experts feared he had a learning disability that could affect the realization of his full potential as well as his earning capacity. The start of secondary school and puberty would be [TRANSLATION] “decisive steps” (para. 429). The Court of Appeal dismissed Dr. St Arnaud’s appeal.
Lower court rulings
Superior Court of Quebec
480-17-000009-058
Action in delictual liability allowed in part
Court of Appeal of Quebec (Montréal)
2013 QCCA 981, 500-09-021771-118
Appeal dismissed; incidental 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.
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Downloadable PDFs
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Related links
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.
Downloadable PDFs
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