Case information
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35525
Martine Labossière v. University of Montreal, 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) |
|---|---|---|
| 2014-03-12 | Close file on Leave | |
| 2014-02-04 | Correspondence (sent by the Court) to, Justice Cameron re: returning sealed CD Rom | |
| 2014-01-23 | Reconsideration not accepted for filing, (documents returned) | |
| 2014-01-20 | General proceeding, (Letter Form), Rec'd from Ms. Labossière an electronic form + 6 redacted copy on CD of the Appel factum | Martine Labossière |
| 2014-01-20 | Correspondence received, Claude Joyal for the AGC re: not a party to this matter | |
| 2014-01-16 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2014-01-16 | Motion for reconsideration of the application for leave to appeal, (Book Form), Completed on: 2014-01-16 | Martine Labossière |
| 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 motion to adduce new evidence is granted. The motion for writs of certiorari and prohibition is dismissed. The motion for an order that the adduced evidence not be destroyed or otherwise rendered unusable is dismissed. The Registry shall return to Judge Cameron of the Court of Québec the six sealed CD-ROMs that were filed by the applicant. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-023688-138, 2013 QCCA 1282, dated July 25, 2013, is dismissed without costs. Dismissed, without costs |
|
| 2013-12-19 |
Decision on the miscellaneous motion, See judgment Dismissed |
|
| 2013-12-19 |
Decision on the miscellaneous motion, See judgment Dismissed |
|
| 2013-12-19 |
Decision on motion to adduce new evidence, See judgment Granted |
|
| 2013-12-09 | Order on miscellaneous motion | |
| 2013-12-09 |
Decision on the miscellaneous motion, DeRg, UPON A MOTION by the applicant pursuant to Rule 32(2) of the Rules for permission to submit her motion to prevent the adduced evidence from being destroyed or rendered unusable; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2013-12-09 | Submission of miscellaneous motion, under rule 32(2), DeRg | |
| 2013-12-04 | Notice of miscellaneous motion, Motion pursuant to rule 32(2) to file the reply and motion not to destroy the proof that was filed - Fees missing - (rec'd 2013-12-16), Completed on: 2013-12-16 | Martine Labossière |
| 2013-11-20 | Correspondence received, Claude Joyal re: the Minister of Justice and AGC are not parties to this matter. | |
| 2013-11-18 | Notice of miscellaneous motion, (Book Form), Included in reply, Completed on: 2013-11-18 | Martine Labossière |
| 2013-11-18 | Applicant's reply to respondent's argument, (Book Form), Motion not to destroy evidence filed (Ms. Labossière advised of rule 32(2), Completed on: 2013-11-18 | Martine Labossière |
| 2013-11-06 | Respondent's response on the application for leave to appeal, (Letter Form), Me Aylwin rec'd by fax re: will not file formal response, Mr. Aylwin advised of rule 32(2), Completed on: 2013-11-06 | University of Montreal |
| 2013-11-04 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2013-11-04 | Submission of motion to adduce new evidence, LeB Ka Wa | |
| 2013-11-04 | Submission of miscellaneous motion, LeB Ka Wa | |
| 2013-11-01 | Correspondence received, from Claude Joyal counsel for the AGC and Minister of Justice advising Ms. Labossière that they are not parties to this matter and will not be participating. | |
| 2013-10-24 | Correspondence received from, Mrs. Labossière re: fee waiver requested and amended Form 25A included - Fee waiver granted by the Registrar 2013-10-29 | Martine Labossière |
| 2013-10-24 | Motion to adduce new evidence, (Book Form), Completed on: 2013-10-29 | Martine Labossière |
| 2013-10-11 | Notice of miscellaneous motion, (Book Form), Urgent motion for certiorari and prohibition, Completed on: 2013-10-29 | Martine Labossière |
| 2013-10-02 | Correspondence (sent by the Court) to, Mr. Antoine Aylwin re: sealed cd will be returned to Justice Cameron once the Court renders its decision on the leave application or the appeal | |
| 2013-09-25 | Correspondence received from, Mr. Aylwin dated 2013-09-24 re: sealing order from the Quebec Court (Appeal Division) dated 2013-09-17. | University of Montreal |
| 2013-09-24 | Correspondence (sent by the Court) to, all parties (file open) | |
| 2013-09-05 | Correspondence received from, Ms. Labossière re: service of AGC and CAQC | Martine Labossière |
| 2013-09-05 | Correspondence received from, (Letter Form), Ms. Labossière rec'd by fax and dated 2013-09-04 in response to the letter of Mr. Aylwin rec'd 2013-08-30 | Martine Labossière |
| 2013-09-03 | Correspondence (sent by the Court) to, All parties re: acknowledgment | |
| 2013-08-30 | Correspondence received from, (Letter Form), Mr. Aylwin rec'd by fax re: objecting to the filing of the sealed CD | University of Montreal |
| 2013-08-29 | Application for leave to appeal, (Book Form), Vol. 1 and 2 (+ 6 sealed CD) - Amended 25 A rec'd 2013-10-24 and inserted in Vol. 1, Completed on: 2013-08-29 | Martine Labossière |
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 |
|---|---|---|
| Labossière, Martine | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| University of Montreal | Respondent | Active |
| Commission on Access to Information | Respondent | Active |
Counsel
Party: Labossière, Martine
This party is not represented by counsel.
Party: University of Montreal
Counsel
Stock Exchange Tower, Suite 3400, Victoria Square
CP 242, Succ. Tour de la Bourse
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-5123
FAX: (514) 397-7600
Email: aaylwin@fasken.com
Party: Commission on Access to Information
Counsel
Commission d'accès à l'information
500, boul. René-Lévesque, bureau 18.200
Montréal, Quebec
H2Z 1W7
Telephone: (514) 873-0028
FAX: (514) 844-6170
Email: cai.communications@cai.gouv.ca
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.
Civil procedure – Appeal – Interlocutory decision of Court of Quebec ordering that sitting be held in camera without applicant present – Whether Court of Appeal had jurisdiction under art. 29 C.C.P. to hear appeal – Whether applicant’s rights infringed by courts below.
In 2010, Ms. Labossière asked the respondent university to send her some documents prepared in connection with complaints filed against her. The documents were given to her, but certain passages were redacted pursuant to ss. 14, 53 and 88 of the Act respecting access to documents held by public bodies and the protection of personal information, R.S.Q., c. A 2.1. Ms. Labossière then filed applications for review with the Commission d’accès à l’information, which found in her favour in part and ordered the university to disclose some of the information to her. The university appealed to the Court of Québec.
During the hearing, the Court of Québec judge found that, to exercise his appellate jurisdiction, he had to read the unredacted version of a document and a person’s testimony. He also had to hear from counsel for the university to identify the information covered by the grounds of appeal. He therefore ordered the filing under seal of the document and the transcript of the testimony related thereto. He decided to proceed in camera, asked counsel for the university to remain at his disposal and asked the other parties to leave the hearing room. Finally, he ordered that the recording of the in camera sitting and its transcript be kept under seal. Ms. Labossière then applied to the Court of Appeal under art. 29 C.C.P. for leave to appeal that interlocutory judgment, but the Court of Appeal refused leave to appeal for want of jurisdiction.
Lower court rulings
Court of Quebec
500-80-022732-128
see file
Court of Appeal of Quebec (Montréal)
2013 QCCA 1282, 500-09-023688-138
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
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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
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