Case information
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35617
C.J.R. v. I.A.C
(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) |
|---|---|---|
| 2014-02-24 | Close file on Leave | |
| 2014-02-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-02-21 | Judgment on leave sent to the parties | |
| 2014-02-20 |
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 500-09-023613-136, 2013 QCCA 1544, dated September 9, 2013, is dismissed without costs. Dismissed, without costs |
|
| 2014-01-20 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2013-12-17 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-12-17 | I.A.C |
| 2013-11-18 | Letter acknowledging receipt of a complete application for leave to appeal, File opened | |
| 2013-11-08 | Application for leave to appeal, (Book Form), Completed on: 2013-11-08 | C.J.R. |
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 |
|---|---|---|
| C.J.R. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| I.A.C | Respondent | Active |
Counsel
Party: C.J.R.
This party is not represented by counsel.
Party: I.A.C
Counsel
224, avenue St-Charles
Vaudreuil-Dorion, Quebec
J7V 2L5
Telephone: (514) 425-5757
FAX: (514) 425-6336
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.
Family law – Filiation – Contestation of paternity refused – Civil procedure – Appeal – Request for postponement denied and motion to dismiss appeal allowed – Whether Court of Appeal’s decision infringed applicant’s right to be heard, to be represented by counsel and to make full answer and defence.
The applicant was the mother of the late J.R., who died in tragic circumstances in April 2012. She contested J.R.’s paternity of the respondent’s child born in June 2010. By consent confirmed by a court, the applicant and the respondent agreed to conduct a paternity test on the child using, inter alia, the father’s blood in the possession of the coroner. A first test confirmed paternity at 99.99988521245%. A second test yielded a probability of 99.998352716371%. Since the applicant refused to discontinue her contestation, the respondent asked that the proceeding be dismissed. The Superior Court dismissed the applicant’s contestation and the Court of Appeal then dismissed the appeal at the preliminary stage on the ground that it had no reasonable chance of success.
Lower court rulings
Superior Court of Quebec
760-04-010776-129
see file
Court of Appeal of Quebec (Montréal)
2013 QCCA 1544, 500-09-023613-136
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