Case information
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35524
Ghislaine Turcotte v. Commission scolaire de la Pointe-de-l'Île, 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) |
|---|---|---|
| 2013-12-20 | Close file on Leave | |
| 2013-12-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-12-20 | Judgment on leave sent to the parties | |
| 2013-12-19 |
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 500-09-023265-135, 2013 QCCA 1108, dated June 18, 2013, is dismissed without costs. Dismissed, without costs |
|
| 2013-11-18 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2013-11-08 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2013-11-08 | Ghislaine Turcotte |
| 2013-11-04 | Order on motion to extend time, (by the Deputy Registrar) | |
| 2013-11-04 |
Decision on motion to extend time, DeRg, UPON APPLICATION by the applicant for an order extending the time within which she may serve and file her reply to November 8, 2013 and authorizing her to file a single 12-page reply; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion to extend the time to serve and file the reply to November 8, 2013 is granted. The applicant is authorized to file a reply not exceeding 5 pages. Allowed in part |
|
| 2013-11-04 | Submission of motion to extend time, to serve and file a 12-page reply, DeRg | |
| 2013-10-18 | Motion to extend time, to serve and file the reply of 12 pages to 2013-11-08, Completed on: 2013-10-18 | Ghislaine Turcotte |
| 2013-10-15 | Respondent's response on the application for leave to appeal, (Book Form), Bound copies to come, rec'd 2013-10-22, Completed on: 2013-10-15 | Syndicat de l'enseignement de la Pointe-de-l'Île |
| 2013-10-08 | Respondent's response on the application for leave to appeal, (Letter Form), from Pierre G. Hébert dated 2013-10-08 re: will not participate, Completed on: 2013-10-08 | Commission scolaire de la Pointe-de-l'Île |
| 2013-09-19 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-09-17 | Book of authorities, (Book Form) | Ghislaine Turcotte |
| 2013-09-17 | Application for leave to appeal, (Book Form), (3 volumes) - CD filed, Completed on: 2013-09-17 | Ghislaine Turcotte |
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 |
|---|---|---|
| Turcotte, Ghislaine | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Commission scolaire de la Pointe-de-l'Île | Respondent | Active |
| Syndicat de l'enseignement de la Pointe-de-l'Île | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Marc Poulin, in his capacity as grievance arbitrator | Intervener | Active |
Counsel
Party: Turcotte, Ghislaine
Counsel
Bureau 207
Brossard, Quebec
J4Z 1A5
Telephone: (514) 758-0530
FAX: (514) 201-5215
Email: myriam@myriambohemier.onmicrosoft.com
Party: Commission scolaire de la Pointe-de-l'Île
Counsel
4500 - 800, square Victoria
P.O. Box 391
Montréal, Quebec
H4Z 1J2
Telephone: (514) 331-5010
FAX: (514) 331-0514
Email: pghebert@dufresne-hebert.qc.ca
Party: Syndicat de l'enseignement de la Pointe-de-l'Île
Counsel
7712, rue St-Hubert
Montréal, Quebec
H2R 2N8
Telephone: (514) 948-1888 Ext: 232
FAX: (514) 948-0772
Email: gaetanlevesque@rivestschmidt.qc.ca
Party: Marc Poulin, in his capacity as grievance arbitrator
This party is not represented by counsel.
Summary
Keywords
None.
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.
Labour relations — Arbitration — Grievances — Administrative law — Judicial review — Standard of review — Whether attorney’s statements and conduct in course of hearing can so affect fairness of hearing as to disqualify attorney — Standard of review applicable to grievance arbitrator’s decision on disqualification of attorney — Whether allegations in motion to institute proceedings for annulment, considered as whole and taken as proven, could form basis for conclusions sought.
The proceedings in this case began in 2007, when the respondent union filed two grievances, the first contesting the teaching work given to Ms. Turcotte and the second contesting the circumstances of her termination by the respondent school board. The arbitrator authorized Ms. Bohémier to represent Ms. Turcotte for the second grievance with respect to the elements of psychological harassment that could have influenced the employer’s decision to dismiss her, since the union was refusing to raise this question itself.
The arbitrator rendered two decisions on December 28, 2011. The first (no. 8519) dismissed Ms. Turcotte’s application for the disqualification of the school board’s attorney. The second (no. 8520) dismissed the psychological harassment aspect of the termination of employment grievance and declared that Ms. Turcotte was no longer authorized to continue acting as a third party in the proceeding. Ms. Turcotte presented a motion in the Superior Court to institute proceedings for annulment based on art. 33 of the Code of Civil Procedure, in which she asked that the arbitrator’s two decisions be annulled, that her third party status be restored and that the school board’s attorney and his firm be declared disqualified from representing the school board. The school board countered with a motion to dismiss the application for annulment of decision no. 8519 concerning disqualification.
Lower court rulings
Superior Court of Quebec
500-17-070824-126
see file
Court of Appeal of Quebec (Montréal)
2013 QCCA 1108, 500-09-023265-135
see file
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
Not available
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
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 613‑996‑7933 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
Not available