Case information
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35999
M.B. v. City of Montreal
(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) |
|---|---|---|
| 2015-02-03 | Close file on Leave | |
| 2015-01-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-01-16 | Judgment on leave sent to the parties | |
| 2015-01-15 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-023971-138, 2014 QCCA 860, dated May 1, 2014, is dismissed with costs. Dismissed, with costs |
|
| 2015-01-15 |
Decision on motion to extend time to file and /or serve the leave application, see judgement on leave application Granted |
|
| 2015-01-13 | Correspondence received from, (Letter Form), the applicant re : adding a copy of the judgment from the CSST dated 2007-11-09. | M.B. |
| 2014-11-24 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2014-11-24 | Submission of motion to extend time to file and/ or serve the leave application, CJ Cro Wa | |
| 2014-09-24 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2014-09-24 | M.B. |
| 2014-09-18 | Certificate (on limitations to public access), (Letter Form), (Included in the respondent's response on the application for leave to appeal), (Electronic version filed on 2014-09-18) | City of Montreal |
| 2014-09-18 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), (Included in the respondent's response on the application for leave to appeal), Paper copy received 2014-09-22., Completed on: 2014-09-18, (Electronic version filed on 2014-09-18) | City of Montreal |
| 2014-09-18 | Respondent's response on the application for leave to appeal, (Letter Form), Original paper copy missing. Received 2014-09-22., Completed on: 2014-09-18, (Electronic version filed on 2014-09-18) | City of Montreal |
| 2014-08-26 | Correspondence received from, (Letter Form), counsel for the intervener re : Virginie Brisebois, lawyer will be replace by Émilie Lessard and the internever will not submit a response., (Electronic version filed on 2014-08-26) | Commission des Lésions Professionnelles |
| 2014-08-19 | Letter acknowledging receipt of a complete application for leave to appeal, file open 2014-08-22. | |
| 2014-08-19 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2014-08-19 | M.B. |
| 2014-08-05 | Certificate (on limitations to public access), (Letter Form), Proof of service missing. Received. | M.B. |
| 2014-08-05 | Application for leave to appeal, (Book Form), Proof of service missing. Applicant will serve the other party. Proof of service and motion for extention of time to come 2014-08-12 SR. Motion and proof of service received 2014-08-19., Completed on: 2014-08-19 | M.B. |
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 |
|---|---|---|
| M.B. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| City of Montreal | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Commission des Lésions Professionnelles | Intervener | Active |
Counsel
Party: M.B.
This party is not represented by counsel.
Party: City of Montreal
Counsel
775, rue Gosford
4e étage
Montréal, Quebec
H2Y 3B9
Telephone: (514) 589-7552
FAX: (514) 872-2828
Email: melissandre.asselin-blain@montreal.ca
Party: Commission des Lésions Professionnelles
Counsel
500, boul. René-Lévesque Ouest
Bureau 17.401
Montréal, Quebec
H2Z 1W7
Telephone: (514) 873-7188
FAX: (514) 873-9507
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 – Motion to dismiss granted by Superior Court on basis that proceeding prescribed – Superior Court declaring applicant to be quarrelsome litigant – Court of Appeal refusing leave to appeal – Whether lower courts erred.
The applicant introduced a proceeding to contest a decision of the Commission des lésions professionnelles. He amended his pleadings to claim $90,000 in damages from the respondent city for impairment of his dignity, honour and reputation.
The Superior Court dismissed the proceeding against the city in a preliminary order on the basis that it was prescribed. It could be seen from the allegations that the proceeding was based on facts that had occurred more than one year before it was brought. Article 2929 C.C.Q. provides that in such a case, an action for defamation is prescribed by one year from the day on which the defamed person learned of the defamation. Judge Poirier also held that the applicant should be required to obtain prior judicial authorization before bringing any proceeding in the Superior Court or the Court of Québec, or in any court or administrative tribunal that is subject to the superintending and reforming power of the Superior Court.
The Court of Appeal refused leave to appeal out of time.
Lower court rulings
Superior Court of Quebec
2013 QCCS 4920, 540-17-007935-132
Motion to dismiss granted; action dismissed; applicant declared to be quarrelsome litigant
Court of Appeal of Quebec (Montréal)
2014 QCCA 860, 500-09-023971-138
Motion for leave to 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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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