Case information
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35680
Valery I. Fabrikant v. Attorney General of Canada, 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) |
|---|---|---|
| 2014-03-24 | Close file on Leave | |
| 2014-03-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-03-21 | Judgment on leave sent to the parties | |
| 2014-03-20 |
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 500-09-024005-134, 2013 QCCA 2181, dated December 13, 2013, is dismissed with costs. Dismissed, with costs |
|
| 2014-02-24 | All materials on application for leave submitted to the Judges, Abe Ro Mo | |
| 2014-02-18 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2014-02-18 | Valery I. Fabrikant |
| 2014-02-12 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2014-02-12 | Attorney General of Canada |
| 2014-01-13 | Letter acknowledging receipt of a complete application for leave to appeal, File opened | |
| 2014-01-13 | Correspondence received from, AG of Canada, email dated January 13, 2014, re.: confirmed that they were served with application and that Éric Lafrenière and Marc Ribeiro will be counsel on this file. | Attorney General of Canada |
| 2014-01-10 | Correspondence (sent by the Court) to, Applicant, re.: Acknowledgment letter | |
| 2014-01-07 | Application for leave to appeal, (Letter Form), Respondent consented to fax service. Form 23a missing (rec'd 01-17-2014), Completed on: 2014-01-07 | Valery I. Fabrikant |
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 |
|---|---|---|
| Fabrikant, Valery I. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
| Minister of Human Resources and Skills Development | Respondent | Active |
Counsel
Party: Fabrikant, Valery I.
This party is not represented by counsel.
Party: Attorney General of Canada
Counsel
Me Marc Ribeiro
200, boul. René-Lévesque Ouest
Tour Est, 5e étage
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-1895
FAX: (514) 283-3856
Email: eric.lafreniere@justice.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Minister of Human Resources and Skills Development
Counsel
200, boul. René-Lévesque Ouest
Tour Est, 5e étage
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-1895
FAX: (514) 283-3856
Email: eric.lafreniere@justice.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.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.
Civil procedure – Quarrelsome litigant – Applicant federal inmate required to obtain permission before instituting proceedings in Quebec – Permission sought to file a declaration concerning the applicability of certain provisions of the Old Age Security Act, R.S.C. 1985, c. O-9 – Permission denied – Whether the Superior Court of Quebec has jurisdiction to adjudicate the case – Whether s. 5 of the Old Age Security Act is inapplicable to the applicant federal inmate.
Mr. Fabrikant is an inmate in a federal penitentiary. In January 2011, he was advised that his old age security benefits were being suspended pursuant to s. 5(3)(a) of the Old Age Security Act, R.S.C. 1985, c. O-9, which had been recently amended by the Eliminating Entitlements for Prisoners Act, S.C. 2010, c. 22, and provided that “[n]o pension may be paid in respect of a period of incarceration … that is to be served in a penitentiary by virtue of any Act of Parliament”.
Mr. Fabrikant has been declared a vexatious litigant in Quebec and requires the authorization of the Chief Justice of the Superior Court to institute any proceeding. On August 5, 2013, he sought an authorization to file a proceeding concerning certain provisions of the Old Age Security Act, seeking a declaration that the provisions were not applicable to him because of the acquired rights doctrine and ss. 43 and 44 of the Interpretation Act, R.S.C. 1985, c. I-21. Rolland C.J. refused the request on the basis that in his view, the declaration alleged nothing that might provide a reasonable basis upon which the acquired rights doctrine and Interpretation Act could be invoked to successfully challenge the provisions. Mr. Fabrikant challenged this decision before the Court of Appeal, but Fournier J.A. dismissed his motion.
Lower court rulings
Superior Court of Quebec
Request for an authorization to file a declaration denied
Court of Appeal of Quebec (Montréal)
2013 QCCA 2181, 500-09-024005-134
Motion 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.
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
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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