Case information
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37496
Marc Lupien v. Michel Aumont, 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) |
|---|---|---|
| 2018-01-11 | Close file on Leave | |
| 2018-01-11 | Correspondence (sent by the Court) to, the parties, Cover letter regarding certificate of taxation signed January 11, 2018. | |
| 2018-01-11 | Certificate of taxation issued to, Me Amélie Thériault | |
| 2018-01-11 | Decision on the bill of costs, in the amount of $1,511.23, Reg | |
| 2018-01-11 | Submission of the bill of costs, Reg | |
| 2017-07-21 | Reply to the bill of costs, Completed on: 2017-07-21 | Michel Aumont |
| 2017-07-17 | Response to the bill of costs, Completed on: 2017-07-17 | Marc Lupien |
| 2017-07-12 | Bill of costs, (Letter Form), Completed on: 2017-07-12 | Michel Aumont |
| 2017-06-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-06-09 | Judgment on leave sent to the parties | |
| 2017-06-08 |
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 500-09-026468-165, 2017 QCCA 87, dated January 23, 2017, is dismissed with costs. Dismissed, with costs |
|
| 2017-05-15 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-04-27 | Certificate (on limitations to public access) | Michel Aumont |
| 2017-04-27 | Notice of name | Michel Aumont |
| 2017-04-27 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-04-27 | Michel Aumont |
| 2017-03-28 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2017-03-28 | |
| 2017-03-24 | Certificate (on limitations to public access) | Marc Lupien |
| 2017-03-24 | Application for leave to appeal, (Book Form), (3 volumes), Completed on: 2017-03-24 | Marc Lupien |
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 |
|---|---|---|
| Lupien, Marc | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Aumont, Michel | Respondent | Active |
| Manon Paquin, Serge Rioux and Municipalité de Sainte-Adèle | Respondent | Active |
Counsel
Party: Lupien, Marc
Counsel
3055, boulevard Saint-Martin O
Suite T-500
Laval, Quebec
H7T 0J3
Telephone: (450) 680-1381
FAX: (579) 379-8984
Email: n.fernandez@fncavocats.com
Party: Aumont, Michel
Counsel
Simon Delisle
1000, rue Sherbrooke Ouest
Bureau 800
Montréal, Quebec
H3A 3G4
Telephone: (514) 397-0066 Ext: 257
FAX: (514) 397-0393
Email: amelie.theriault@gasco.qc.ca
Party: Manon Paquin, Serge Rioux and Municipalité de Sainte-Adèle
Counsel
Simon Delisle
1000, rue Sherbrooke Ouest
Bureau 800
Montréal, Quebec
H3A 3G4
Telephone: (514) 397-0066 Ext: 257
FAX: (514) 397-0393
Email: amelie.theriault@gasco.qc.ca
Summary
Keywords
Damages — Punitive damages — Unlawful arrest — Evidence of damages — Whether there is presumption of unlawful and intentional interference with rights guaranteed by Charter of human rights and freedoms where unlawful arrest made — Whether characterization of arrest makes it possible to infer damages sustained — Whether malicious intent to harm can be imputed to police officers who made unlawful arrest — Whether art. 1621 of Civil Code of Québec is norm that supplements entitlement to compensation under Charter of human rights and freedoms — Whether contributory fault of victim is appropriate in context of unlawful and unreasonable arrest — Whether trial judge breached audi alteram partem rule — Charter of human rights and freedoms, R.S.Q., c. C 12, s. 49 — Civil Code of Québec, CQLR c. CCQ 1991, arts. 1457 and 1621 — Quebec Code of Civil Procedure, CQLR c. C 25.01, arts. 17 and 341.
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.
The applicant brought an action in damages against three police officers, who at the time were employed by the Town of Saint Adèle, for arresting him without reasonable grounds, making an unreasonable use of force during his arrest and abusing their authority by charging him with obstructing the police
Lower court rulings
Superior Court of Quebec
700-17-005937-098
Action allowed in part; liability shared between Mr. Lupien and respondents
Court of Appeal of Quebec (Montréal)
2017 QCCA 87, 500-09-026468-165
Motion to dismiss appeal allowed; 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
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 613‑996‑7933 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