Case information
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37957
Suzanne Moro, et al. v. Retraite Québec, 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) |
|---|---|---|
| 2018-10-09 | Close file on Leave | |
| 2018-10-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-10-05 | Judgment on leave sent to the parties | |
| 2018-10-04 |
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 (Québec), Number 200-09-009658-177, 2017 QCCA 2039, dated December 15, 2017, is dismissed without costs. Dismissed, without costs |
|
| 2018-08-07 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-03-20 | Certificate (on limitations to public access), (Letter Form) | Attorney General of Quebec |
| 2018-03-09 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2018-03-09 | Suzanne Moro |
| 2018-03-01 | Respondent's response on the application for leave to appeal, (Letter Form), Certificate 23A missing-rec'd 2018/3/20, Completed on: 2018-03-20 | Attorney General of Quebec |
| 2018-02-21 | Letter acknowledging receipt of a complete application for leave to appeal, FILED OPENED ON FEBRUARY 21, 2018. | |
| 2018-02-12 | Certificate (on limitations to public access), (Letter Form) | Suzanne Moro |
| 2018-02-12 | Application for leave to appeal, (Book Form), Completed on: 2018-02-13 | Suzanne Moro |
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 |
|---|---|---|
| Moro, Suzanne | Applicant | Active |
| Marie-Danielle Lampron, Louis Garant, Roger Barrette, Camille Demers, Arlette Berger, Yvan Vigneault, Diane Beauregard, Hélène Bibeault, Mathieu L’Écuyer | Applicant | Active |
| Hélène Marchand, Nicole Fournier, Neuville Lacroix, René Ouellet, Diane Besse, Guy Martineau, Dina Mercier, Pierre Thérien, Robert Monette, Yvon Genest, Lucie Landriault, Louise Côté Desbiolles, Fernand Poupart, Francine Champigny and Gilles Robichaud | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Retraite Québec | Respondent | Active |
| Attorney General of Quebec | Respondent | Active |
Counsel
Party: Moro, Suzanne
Counsel
Guillaume Grenier
871, Grande Allée Ouest
Bureau 200
Québec, Quebec
G1S 1C1
Telephone: (418) 640-1773 Ext: 224
FAX: (418) 640-0474
Email: mgilbert@mmgs.qc.ca
Party: Marie-Danielle Lampron, Louis Garant, Roger Barrette, Camille Demers, Arlette Berger, Yvan Vigneault, Diane Beauregard, Hélène Bibeault, Mathieu L’Écuyer
Counsel
Guillaume Grenier
871, Grande Allée Ouest
Bureau 200
Québec, Quebec
G1S 1C1
Telephone: (418) 640-1773 Ext: 224
FAX: (418) 640-0474
Email: mgilbert@mmgs.qc.ca
Party: Hélène Marchand, Nicole Fournier, Neuville Lacroix, René Ouellet, Diane Besse, Guy Martineau, Dina Mercier, Pierre Thérien, Robert Monette, Yvon Genest, Lucie Landriault, Louise Côté Desbiolles, Fernand Poupart, Francine Champigny and Gilles Robichaud
Counsel
Guillaume Grenier
871, Grande Allée Ouest
Bureau 200
Québec, Quebec
G1S 1C1
Telephone: (418) 640-1773 Ext: 224
FAX: (418) 640-0474
Email: mgilbert@mmgs.qc.ca
Party: Retraite Québec
Counsel
2600, boul. Laurier
7e étage
Québec, Quebec
G1K 7S9
Telephone: (418) 657-8702
FAX: (418) 643-9590
Email: louise.desrochers@retraitequebec.gouv.qc.ca
Party: Attorney General of Quebec
Counsel
Bureau 1.03
300, boul. Jean-Lesage
Québec, Quebec
G1K 8K6
Telephone: (418) 649-3524 Ext: 42068
FAX: (418) 646-1656
Email: alexandre.ouellet@justice.gouv.qc.ca
Summary
Keywords
Pensions – Legislation – Retroactivity – Whether declaratory provision can reopen case already decided – Whether effect ascribed to declaratory provision by government encroaches on fundamental adjudicative role of courts – Whether declaratory provision has effect of overriding applicants’ rights as established in final judgment making ultimate determination on their rights – Act to foster the financial health and sustainability of the Pension Plan of Management Personnel and to amend various legislative provisions, S.Q. 2017, c. 7, s. 41.
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 Superior Court was of the view that the wording of s. 41 of the Act to foster the financial health and sustainability of the Pension Plan of Management Personnel and to amend various legislative provisions required that the Act apply retroactively to the applicants, even though an arbitration decision had been rendered on the case before the enactment of the Act.
The Court of Appeal dismissed the applicants’ motion for leave to appeal, finding that the appeal was bound to fail.
Lower court rulings
Superior Court of Quebec
200-17-025715-178, 2017 QCCS 5199
Applicants’ motion dismissed
Court of Appeal of Quebec (Québec)
200-09-009658-177, 2017 QCCA 2039
Applicants’ motion for leave to appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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