Case information
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36934
Jean-Marc Poulin de Courval, ès qualités de syndic à la faillite de Ergün Bouloud v. Ministre de la sécurité publique et de la protection civile
(Federal) (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) |
|---|---|---|
| 2016-09-02 | Close file on Leave | |
| 2016-08-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-08-26 | Judgment on leave sent to the parties | |
| 2016-08-25 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-116-15, 2016 CAF 41, dated February 8, 2016, is dismissed without costs. Dismissed, without costs |
|
| 2016-07-11 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2016-05-09 | Certificate (on limitations to public access) | Ministre de la sécurité publique et de la protection civile |
| 2016-05-09 | Respondent's response on the application for leave to appeal, Completed on: 2016-05-09 | Ministre de la sécurité publique et de la protection civile |
| 2016-04-08 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, File opened on 2016-04-08 | |
| 2016-04-08 | Certificate (on limitations to public access) | Jean-Marc Poulin de Courval, ès qualités de syndic à la faillite de Ergün Bouloud |
| 2016-04-08 | Application for leave to appeal, (2 volumes), C/A order missing - Rec'd on 2016-06-15, Completed on: 2016-06-15, (Electronic version filed on 2016-04-15) | Jean-Marc Poulin de Courval, ès qualités de syndic à la faillite de Ergün Bouloud |
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 |
|---|---|---|
| Jean-Marc Poulin de Courval, ès qualités de syndic à la faillite de Ergün Bouloud | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ministre de la sécurité publique et de la protection civile | Respondent | Active |
Counsel
Party: Jean-Marc Poulin de Courval, ès qualités de syndic à la faillite de Ergün Bouloud
Counsel
500, Place d'Armes
Montréal, Quebec
H2Y 2W2
Telephone: (514) 288-4241 Ext: 116
FAX: (514) 849-9984
Email: jpgervais@medicil.com
Party: Ministre de la sécurité publique et de la protection civile
Counsel
Jacques Mimar
Guy-Favreau Complex, East Tower, 5th floor
200 René-Levesque Blvd. West
Montreal, Quebec
H2Z 1X4
Telephone: (514) 496-3129
FAX: (514) 283-3856
Email: maguy.hachem@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.
Administrative law – Judicial review – Bankruptcy – Seizure under Proceeds of Crime (Money Laundering) and Terrorist Financing Act, SC 2000, c 1 – Refusal to return seized currency to trustee of bankrupt – Scope of discretion conferred on Minister of Public Safety and Emergency Preparedness – Burden of proof imposed on applicant by s. 29 of Proceeds of Crime (Money Laundering) and Terrorist Financing Act – Whether burden of proof must be adjusted because of application of Bankruptcy and Insolvency Act, RSC 1985, c B 3, and special status of trustee in bankruptcy – Proceeds of Crime (Money Laundering) and Terrorist Financing Act, SC 2000, c 1, ss. 12, 18, 25, 29 and 32.
The applicant, the trustee in bankruptcy of Ergün Bouloud, tried to recover the currency seized by customs officers from the bankrupt and forfeited under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, SC 2000, c 1. A request for review was made to the Minister of Public Safety and Emergency Preparedness, but the return of the currency was denied because the amounts had allegedly been obtained unlawfully through the commission of an indictable offence.
Lower court rulings
Federal Court
T-69-14, 2015 CF 186
Application for judicial review dismissed
Federal Court of Appeal
A-116-15, 2016 CAF 41
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 613‑996‑7933 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
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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
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