Case information
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35521
Maciek Adamkiewicz v. Thomas Adamkiewicz, 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) |
|---|---|---|
| 2013-11-25 | Close file on Leave | |
| 2013-11-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-11-22 | Judgment on leave sent to the parties | |
| 2013-11-21 |
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 500-09-023378-136, 2013 QCCA 775, dated May 2, 2013, is dismissed without costs. Dismissed, without costs |
|
| 2013-10-28 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2013-10-18 | Correspondence received from, Maciek Adamkiewicz dated 2013-10-16. Re: Power of attorney | Maciek Adamkiewicz |
| 2013-09-13 | Letter acknowledging receipt of a complete application for leave to appeal, File opened | |
| 2013-09-12 | Respondent's response on the application for leave to appeal, (Letter Form), Will not be filing a response - Also included was the C/A judgmnert and the form 25-B, Completed on: 2013-09-12 | Marek (Mark) Adamkiewicz |
| 2013-06-18 | Supplemental document, Supporting documents to the application | Maciek Adamkiewicz |
| 2013-06-18 | Correspondence (sent by the Court) to, Checklist | |
| 2013-06-17 | Correspondence (sent by the Court) to, Acknowledgment letter | |
| 2013-06-06 | Application for leave to appeal, Form 25-B filed by respondent on 2013-09-12, Completed on: 2013-06-18 | Maciek Adamkiewicz |
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 |
|---|---|---|
| Adamkiewicz, Maciek | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Adamkiewicz, Thomas | Respondent | Active |
| Adamkiewicz, Marek (Mark) | Respondent | Active |
Counsel
Party: Adamkiewicz, Maciek
This party is not represented by counsel.
Party: Adamkiewicz, Thomas
Counsel
5115 avenue Trans-Island
Bureau 200
Montréal, Quebec
H3W 2Z9
Telephone: (514) 482-0887
FAX: (514) 482-9101
Party: Adamkiewicz, Marek (Mark)
Counsel
201, boulevard Crémazie Est
Bureau 3.50
Montréal, Quebec
H2M 1L2
Telephone: (514) 864-4828
FAX: (514) 864-4858
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 — Motions — Respondents bringing motion for habeas corpus, alleging that applicant sequestering mother and preventing her from having contact with respondents and other third parties — Motions judge granting motion — Whether Court of Appeal erred in granting motion to dismiss appeal.
This application stems from a long-standing dispute amongst three brothers and relates to the treatment of their mother. The applicant and the two respondents both raised allegations of mistreatment and abuse of their mother at the hands of the other. The applicant resided with his mother. His brothers Thomas and Mark resided in the U.S. and claimed that any attempt by them to communicate with or visit their mother were thwarted by the applicant.
This dispute came to a head in and around Christmas time 2012 when Thomas Adamkiewicz unsuccessfully attempted to visit his mother. He subsequently brought a series of motions against the applicant in order to be allowed access to his mother. Amongst these was a motion for habeas corpus seeking to put an end to the applicant’s alleged interference and control over their mother.
Lower court rulings
Superior Court of Quebec
500-17-074271-126
Motion for habeas corpus filed by respondent Thomas Adamkiewicz, granted; Applicant ordered, inter alia, to cease depriving his mother of her liberty and to cease preventing her from being in contact or in communication with the respondents and other third parties
Court of Appeal of Quebec (Montréal)
2013 QCCA 775, 500-09-023378-136
Motion to dismiss appeal, granted ; 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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