Case information
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37370
Krassimir D. Naydenov v. Commission des relations du travail, 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) |
|---|---|---|
| 2017-06-06 | Close file on Leave | |
| 2017-06-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-06-02 | Judgment on leave sent to the parties | |
| 2017-06-01 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the reply and the motion to file a lengthy reply are granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-026318-162, 2016 QCCA 1851, dated November 2, 2016, is dismissed with costs to the respondents, the Syndicat du personnel professionnel de l’Université du Québec en Abitibi-Témiscamingue (SPPUQAT), Claude Fortin and Claude-Michel Bouchard. Dismissed, with costs |
|
| 2017-06-01 |
Decision on motion to file a lengthy memorandum of argument Granted |
|
| 2017-06-01 |
Decision on motion to extend time Granted |
|
| 2017-04-10 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-04-10 | Submission of motion to file a lengthy memorandum of argument, for consideration by the Court | |
| 2017-04-10 | Submission of motion to extend time, for consideration by the Court | |
| 2017-03-22 | Motion to file a lengthy memorandum of argument, (Letter Form), For the reply, Completed on: 2017-03-22 | Krassimir D. Naydenov |
| 2017-03-10 | Correspondence (sent by the Court) to, Krassimir Naydenov. Re: Amended motion to file the reply | |
| 2017-02-27 | Correspondence (sent by the Court) to, Krassimir Naydenov. Re: Section 40 in the notice | |
| 2017-02-24 | Motion to extend time, (Letter Form), To serve and file the reply -Amended copy received on 2017-03-22, Completed on: 2017-02-24 | Krassimir D. Naydenov |
| 2017-02-24 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-02-24 | Krassimir D. Naydenov |
| 2017-01-27 | Certificate (on limitations to public access) | Lina Dallaire |
| 2017-01-26 | Certificate (on limitations to public access) | Claude Fortin |
| 2017-01-26 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-01-26 | Claude Fortin |
| 2017-01-25 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2017-01-25 | Lina Dallaire |
| 2016-12-30 | Letter advising parties of a complete application for leave to appeal, File opened on 2016-12-30 | |
| 2016-12-20 | Certificate (if inappropriate for a judge to take part in adjudication), N/A | Krassimir D. Naydenov |
| 2016-12-20 | Letter acknowledging receipt of an application for leave to appeal | |
| 2016-12-20 | Certificate (on limitations to public access) | Krassimir D. Naydenov |
| 2016-12-20 | Application for leave to appeal, (Book Form), Notice was replaced in all books on 2016-12-28. New cover page was received on 2017-02-20, Completed on: 2016-12-20 | Krassimir D. Naydenov |
| 2016-12-13 | Correspondence received from, Josée Lavallée dated 2016-12-13. Re: Notice of counsel | Claude Fortin |
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 |
|---|---|---|
| Naydenov, Krassimir D. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Commission des relations du travail | Respondent | Active |
| Syndicat du personnel professionnel de l'Université du Québec en Abitibi-Témiscamingue (SPPUQAT) | Respondent | Active |
| Fortin, Claude | Respondent | Active |
| Bouchard, Claude-Michel | Respondent | Active |
| Dallaire, Lina | Respondent | Active |
| Francine Tremblay and Yves Bergeron | Respondent | Active |
Counsel
Party: Naydenov, Krassimir D.
This party is not represented by counsel.
Party: Commission des relations du travail
Counsel
900 place D'Youville
7e étage
Québec, Quebec
G1R 3P7
Telephone: (418) 646-1627
FAX: (418) 528-6063
Email: annick.dupre@tat.gouv.qc.ca
Party: Fortin, Claude
Counsel
1717, boul. René-Lévesque Est
Bureau 300
Montréal, Quebec
H2L 4T3
Telephone: (514) 525-3414
FAX: (514) 525-2803
Email: jlavallee@mmgs.qc.ca
Party: Bouchard, Claude-Michel
Counsel
1717, boul. René-Lévesque Est
Bureau 300
Montréal, Quebec
H2L 4T3
Telephone: (514) 525-3414
FAX: (514) 525-2803
Email: jlavallee@mmgs.qc.ca
Party: Dallaire, Lina
Counsel
33 avenue Horne
Bureau 200
Rouyn-Noranda, Quebec
J9X 4S1
Telephone: (819) 797-5222
FAX: (819) 762-6810
Email: louis.charles.belanger@clcw.ca
Party: Francine Tremblay and Yves Bergeron
Counsel
33 avenue Horne
Bureau 200
Rouyn-Noranda, Quebec
J9X 4S1
Telephone: (819) 797-5222
FAX: (819) 762-6810
Email: louis.charles.belanger@clcw.ca
Party: Syndicat du personnel professionnel de l'Université du Québec en Abitibi-Témiscamingue (SPPUQAT)
Counsel
1717, boul. René-Lévesque Est
Bureau 300
Montréal, Quebec
H2L 4T3
Telephone: (514) 525-3414
FAX: (514) 525-2803
Email: jlavallee@mmgs.qc.ca
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.
Labour relations – Civil procedure – Union – Preliminary exceptions to dismiss – Claim for damages dismissed – Abuse of process – Commission des relations du travail – Whether Court of Appeal erred in denying leave to appeal out of time – Whether application for leave to appeal raises questions of public importance.
A complaint was filed late with the Commission des relations du travail (Commission) by Krassimir Naydenov, who alleged that the Syndicat du personnel professionnel de l’Université du Québec en Abitibi Témiscamingue had breached its duty of representation by ignoring a complaint he had allegedly made. The Syndicat brought a motion to dismiss. The Commission dismissed Mr. Naydenov’s complaint. The Superior Court held that Mr. Naydenov’s claim was unfounded. The Court of Appeal denied leave to appeal.
Lower court rulings
Commission des relations du travail
2015 QCCRT 0541
Complaint dismissed
Superior Court of Quebec
2016 QCCS 3213, 500-17-091407-158
Motion to dismiss allowed; claim for damages dismissed
Court of Appeal of Quebec (Montréal)
2016 QCCA 1851, 500-09-026318-162
Motion for leave to appeal out of time 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
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 613-996-8666 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