Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
36972
Bytheowner Inc. v. Organisme d'autoréglementation du courtage immobilier du Québec (OACIQ)
(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) |
|---|---|---|
| 2016-11-07 | Close file on Leave | |
| 2016-11-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-11-04 | Judgment on leave sent to the parties | |
| 2016-11-03 |
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 500-09-025929-167, 2016 QCCA 515, dated March 22, 2016, is dismissed with costs. Dismissed, with costs |
|
| 2016-10-03 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2016-05-30 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2016-05-30 | Bytheowner Inc. |
| 2016-05-24 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2016-05-24 | Organisme d'autoréglementation du courtage immobilier du Québec (OACIQ) |
| 2016-04-25 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2016-04-25 | |
| 2016-04-25 | Certificate (on limitations to public access) | Bytheowner Inc. |
| 2016-04-25 | Notice of name | Bytheowner Inc. |
| 2016-04-25 | Book of authorities | Bytheowner Inc. |
| 2016-04-25 | Application for leave to appeal, Completed on: 2016-04-25 | Bytheowner Inc. |
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 |
|---|---|---|
| Bytheowner Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Organisme d'autoréglementation du courtage immobilier du Québec (OACIQ) | Respondent | Active |
Counsel
Party: Bytheowner Inc.
Counsel
Claude Morency
Alexandre-Philippe Avard
1, Place Ville-Marie
Bureau 3900
Montréal, Quebec
H3B 4M7
Telephone: (514) 878-8874
FAX: (514) 866-2241
Email: sebastien.grammond@fmc-law.com
Agent
1420 - 99 Bank Street
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
Email: scott.mclean@dentons.com
Party: Organisme d'autoréglementation du courtage immobilier du Québec (OACIQ)
Counsel
Annie Mathieu
1100, boulevard René-Lévesque Ouest
25e étage
Montréal, Quebec
H3B 5C9
Telephone: (514) 397-6931
FAX: (514) 397-8515
Email: ar@bcf.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.
Charter of Rights and Freedoms – Presumption of innocence under s. 11(d) – Civil procedure – Declinatory exception – Motion for declaratory judgment filed by Organisme d’autoréglementation du courtage immobilier du Québec – Whether ByTheOwner Inc.’s activities are subject to Real Estate Brokerage Act, CQLR, c. C-73.2 – True purpose of civil proceeding – Whether civil proceeding circumvents guarantees attached to penal or criminal process that protected by Charter of Rights and Freedoms and Charter of human rights and freedoms, R.S.Q., c. C-12.
In 2013, the respondent, the Organisme d’autoréglementation du courtage immobilier du Québec (“the OACIQ”), filed a motion to institute proceedings, asking the court to declare that the Real Estate Brokerage Act, CQLR, c. C-73.2, applied to the activities of the applicant, ByTheOwner Inc.
In 2015, ByTheOwner filed a motion to dismiss the action on the ground that such an action was not the appropriate remedy in this case. ByTheOwner argued that the OACIQ was trying to have its activities declared to be illegal and that the motion for a declaratory judgment would therefore have the effect of circumventing the penal process and jeopardizing its fundamental rights.
Lower court rulings
Superior Court of Quebec
2016 QCCS 556, 500-17-079339-134
Motion to dismiss action dismissed
Court of Appeal of Quebec (Montréal)
2016 QCCA 515, 500-09-025929-167
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 613‑996‑7933 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